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






2. 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






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






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






5. Bill Of Rights protection against self-incarceration and just compensation






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






7. Life estate measured on someone elses natural life.






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






9. 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.






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






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






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






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






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






15. 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.






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






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






18. Time - Place - and Manner






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






20. 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.






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






22. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






23. 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'






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






25. 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.






26. Citizenship Rights






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






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






29. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.






30. 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.






31. 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.






32. 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.






33. Arbitration - Mediation.






34. Tort defending against spoken defamation of persons.






35. Liability without proving to be at fault.






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






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






38. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.






39. 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).






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






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






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






43. 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.






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






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






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






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






48. 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.






49. A promise in addition to an underlying sales agreement that goes beyond the terms of the sale agreement which the promisor assures the description - performance - or quality of the goods.






50. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel