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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. 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'






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






3. 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.






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






5. 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.






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






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






8. 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.






9. 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






10. 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.






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






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






13. 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'






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






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






16. Life estate measured on someone elses natural life.






17. Court can file lean on persons property.






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






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






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






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






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






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






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






25. 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.






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






27. Liability without proving to be at fault.






28. 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.






29. Time - Place - and Manner






30. Tort defending against spoken defamation of persons.






31. 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.






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






33. Citizenship Rights






34. Intentional; negligence - strict liability






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






36. 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.






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






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






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






40. 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).






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






43. 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.






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






45. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.






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






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






48. 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.






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






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