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Business Law Test - 2
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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. 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.
Court Of Equity
Quantum Meriut
Intentional (tort)
what are the 4 factors of Negligence (tort)
2. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
5th Amendment Immunity
Bill of Rights - Amendment 8
Plea Bargaining
Implied Warranty
3. The criminal intent that must be established; the guilty mind
Mens rea
what are the 2 Main Categories of Crime
Joint Tenants with the Right of Survivor-ship(JTWTROS)
In Personum
4. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
5th Amendment Immunity
Reasonable suspicion
Fee Simple Absolute(FSA)
Tort
5. Attempt to settle civil cases before trial. Required in the state of FL. Two types
what are the 4 types of slander
In Rem
Bill of Rights - Amendment 4
Alternative Dispute Resolution(ADR)
6. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Fee Simple Absolute(FSA)
Bill of Rights - Amendment 6
Vicarious Liabilities
Doctrine of Transferred Intent
7. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Mechanics Lean
Inchoate Crimes
Misdemeanor
Fee Simple Absolute(FSA)
8. Time - Place - and Manner
Res Judicata
Estate Pur Autrie Vie
Plea Bargaining
1st Amendment Limitations
9. 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.
Plea Bargaining
Life Estate
What is Law
Joint Tenants with the Right of Survivor-ship(JTWTROS)
10. Liability without proving to be at fault.
Covenant
Statute of Frauds
Strict Liability (tort)
Interference with Contractual Relationships
11. Duty - breach of duty - proximate cause - damage.
Tenants in Common
what are the 4 factors of Negligence (tort)
Quit-Claim
what are the 2 Main Categories of Crime
12. Bill Of Rights protection against self-incarceration and just compensation
Estate Pur Autrie Vie
Tort
Bill of Rights - Amendment 14
Bill of Rights - Amendment 5
13. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
In Personum
Vicarious Liabilities
Intentional (tort)
Estate Pur Autrie Vie
14. 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.
Reasonable suspicion
Tort
Doctrine Of Fusion
1st Amendment Limitations
15. 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.
Tacking
Res Ispa Loquitur
Tenants in Common
What is Law
16. Freedom of speech - religion - press - rights to assemble - and petition of government
Bill of Rights - Amendment 4
Strict Liability (tort)
Bill of Rights - Amendment 1
Quantum Meriut
17. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
Negligence (tort)
Jurisdiction
Quit-Claim
1st Amendment Limitations
18. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Nuisance (public)
Inchoate Crimes
Intentional (tort)
Mens rea
19. Allows officers to investigate people - less strict then probable cause; 4th amendment
Intentional (tort)
Reasonable suspicion
Estate Pur Autrie Vie
Mens rea
20. 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.
Quit-Claim
Tresspass to land
Tacking
what are the 8 common law crimes
21. Spoken word - telling lies - publicizing - causing damage.
what are the 4 types of slander
what are the 2 types of ADR
Bill of Rights - Amendment 1
Res Judicata
22. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
what are the 2 Main Categories of Crime
Jurisdiction
Tenants in Common
Joint Tenants with the Right of Survivor-ship(JTWTROS)
23. Life estate measured on someone elses natural life.
What is Law
Estate Pur Autrie Vie
Intentional (tort)
Bill of Rights - Amendment 4
24. 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.
Mechanics Lean
Bill of Rights - Amendment 6
Vicarious Liabilities
Doctrine of strict liabilities
25. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Slander
In Rem
Statute of Frauds
Tort
26. 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'
Felony
Reasonable suspicion
Nuisance (private)
Res Ispa Loquitur
27. 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.
what are the 4 types of slander
Tresspass to personal property
Parole Evidence Rule
Doctrine of strict liabilities
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.
Felony
what are the 2 Main Categories of Crime
Adverse Possession
Estate Pur Autrie Vie
29. Right against unreasonable search and seizure(probable cause)
Easement
Tort
Bill of Rights - Amendment 4
Nuisance (private)
30. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Double Jeopardy
Nuisance (public)
Nuisance (private)
Actus reas
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.
Independent Contractor
Strict Liability (tort)
Mens rea
Tort
32. Unreasonable interference with a right held in common by the general public
Expressed Warranty
what are the 4 factors of Negligence (tort)
Misdemeanor
Nuisance (public)
33. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Deposition
Statute of Frauds
Double Jeopardy
Felony
34. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
Nuisance (public)
what are the 8 common law crimes
Independent Contractor
Tort
35. 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
Adverse Possession
Res Judicata
Common Law Crimes
what are the 6/7 statutes of frauds
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.
In Rem
what are the 2 Main Categories of Crime
Bill of Rights - Amendment 4
Covenant
37. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
what are the 6/7 statutes of frauds
Inchoate Crimes
Doctrine of Transferred Intent
Quantum Meriut
38. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Court Of Equity
Negligence (tort)
In Personum
Independent Contractor
39. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Respondeat Superior
Court Of Equity
In Personum
Plea Bargaining
40. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.
what are the 4 types of slander
Tacking
what are the 3 types of torts
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
41. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Tresspass to personal property
Doctrine of strict liabilities
Alternative Dispute Resolution(ADR)
what are the 2 Main Categories of Crime
42. Intentional and wrongful interference with possession of personal property of another without consent
Bill of Rights - Amendment 1
Covenant
what are the 6/7 statutes of frauds
Tresspass to personal property
43. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Doctrine of strict liabilities
Quantum Meriut
Mechanics Lean
Interference with Contractual Relationships
44. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel
Mechanics Lean
Bill of Rights - Amendment 6
Res Judicata
5th Amendment Immunity
45. Citizenship Rights
what are the 2 Main Categories of Crime
Bill of Rights - Amendment 14
Inchoate Crimes
Felony
46. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb
Double Jeopardy
Covenant
Common Law Crimes
Estate Pur Autrie Vie
47. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Tresspass to personal property
Deposition
Tort
Respondeat Superior
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.
what are the 3 types of torts
Fee Simple Absolute(FSA)
Bill of Rights - Amendment 1
Interference with Contractual Relationships
49. 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.
Felony
Quit-Claim
Deposition
Res Judicata
50. Tort defending against spoken defamation of persons.
Court Of Equity
In Personum
Slander
Nuisance (public)
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