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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. Right against unreasonable search and seizure(probable cause)






2. 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.






3. 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).






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






5. Liability without proving to be at fault.






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






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






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






9. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.






10. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






11. Felony; Misdemeanor






12. 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.






13. 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.






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






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






16. Tort defending against spoken defamation of persons.






17. Citizenship Rights






18. If one tenant passes away - the other claims full ownership of all property.






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






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






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






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






23. 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'






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






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






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






27. 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.






28. FSA owner can grant ownership of property to someone for the measured on the duration of their natural life. Once dead the land goes back to FSA owner.






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






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






31. 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.






32. 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.






33. 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.






34. Allows officers to investigate people - less strict then probable cause; 4th amendment






35. 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.






36. Court can file lean on persons property.






37. 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






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






39. The criminal intent that must be established; the guilty mind






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






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






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






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






44. Only refers to conduct. Judge can order someone who is not doing something he/she is legally required to do to start doing it and vice-versa.






45. 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.






46. Common law - injured based on defendants negligence and therefore presumed to be at fault. i.e. lawnmower and dog; latin for 'the thing speaks for itself'






47. 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.






48. Intentional; negligence - strict liability






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






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