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






2. 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.






3. Life estate measured on someone elses natural life.






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






5. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






8. Arbitration - Mediation.






9. 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'






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






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






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






13. 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.






14. Intentional; negligence - strict liability






15. Time - Place - and Manner






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






17. 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.






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






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






20. 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.






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






22. Liability without proving to be at fault.






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






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






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






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






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






28. Duty - breach of duty - proximate cause - damage.






29. Tort defending against spoken defamation of persons.






30. 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.






31. 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






32. Court can file lean on persons property.






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






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






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






36. 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.






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






38. 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'






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






40. Citizenship Rights






41. 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.






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






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






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






45. 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.






46. 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.






47. 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.






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






49. 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.






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