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Business Law Test - 2

Subjects : law, business-law
Instructions:
  • Answer 50 questions in 15 minutes.
  • If you are not ready to take this test, you can study here.
  • Match each statement with the correct term.
  • Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Intentional; negligence - strict liability






2. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.






3. Right against cruel and unusual punishment - includes excessive fines






4. Go to prison for greater than or equal to 1yr and/or be fined greater than or equal to $1000; Possible loss of voting rights and carrying weapon; different degrees.






5. 1.Contracts in consideration of marriage; 2. Contracts that cannot be performed within one year(statute of limitations); 3. Contracts for the transfer of an interest in land; 4. Contracts by the executor of a will to pay a debt of the estate with his






6. Any service on real estate that is not paid. Must file lean within 12 months of service provided.






7. An activity that substantially and unreasonably interferes with the used and enjoyment of land






8. The physical part of the crime; the guilty act






9. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)






10. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.






11. Spoken word - telling lies - publicizing - causing damage.






12. Court can file lean on persons property.






13. Property law in writing - an agreement between two or more parties that places certain restrictions on the use of property or obligations the owner of the property to take specifications with respect to the land.






14. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if






15. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.






16. A courts power over the person involved in the action. Personal and best type of jurisdiction.






17. Tort defending against spoken defamation of persons.






18. Life estate measured on someone elses natural life.






19. Citizenship Rights






20. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.






21. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.






22. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.






23. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'






24. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary






25. Substantive common law that claims any agreement made by both parties prior to signing the contract that was not incorporated into the contract is barred upon signing by this rule in seeking to alter the terms of the contract.






26. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.






27. Arbitration - Mediation.






28. Unreasonable interference with a right held in common by the general public






29. Unauthorized intrusion by a person or a thing on land belonging to another - regardless of whether it was a mistake. Not necessary to set foot on land to constitute trespassing.






30. Freedom of speech - religion - press - rights to assemble - and petition of government






31. Power of the government to condemn property for a public use without consent of the owner(condemnation).; With rights from 5th amendment comes the issue of 'just compensation'






32. You are entitled to be paid the reasonable value of your services and material in a contract action when you have completed the work and the buyer refuses to pay because of some 'minor' difference in what was contracted for.






33. Not held liable under respondeat superior. Cannot be held vicariously liable for the tortuous acts and damage of the contractor during the time which the contractor is working on private property.






34. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.






35. A system of rules and regulations that govern our lives and society; in our action or inaction and for which a violation results in an action. Flexible to meet the needs of the evolving society.






36. Civil law rule that prohibits the same dispute between two parties from being reopen by a court after final judgment has been entered and all appeals exhausted.






37. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.






38. Criminal law rule that protects a defendant from being tried a second time for the same crime.






39. Intentional and wrongful interference with possession of personal property of another without consent






40. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors






41. A civil wrong - other than breach of contract - in which the law provides a remedy. Breach of duty owed to another that causes harm; private wrong. Tort laws are the biggest body of civil law/private law.






42. The government must prove mental intent and act on a crime; In defense of the accused - the act of fusing Actus Rea and Mens Rea before the court in which to prove evidence.






43. Form of strict - secondary liabilities that arise under the common law doc. of agency(respondeat superior). If liability for the tort requires a state of mind - the directing officer must have that state of mind.






44. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.






45. Right against unreasonable search and seizure(probable cause)






46. Sworn testimony - written or oral - of a person taken outside of court.






47. Method of settling criminal cases by pleading guilty to charges in an attempt to lessen charges/consequences. Can either plead guilty - lesser charge - or nolo contendere(no contest).






48. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.






49. Attempt to settle civil cases before trial. Required in the state of FL. Two types






50. A tort which there is a valid contract - and the defendant knowingly and intentionally caused a breach of the contract - resulting in damages to the plaintiff.







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