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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. Tort defending against spoken defamation of persons.






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






3. Life estate measured on someone elses natural life.






4. Intentional; negligence - strict liability






5. 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.






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






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






8. Felony; Misdemeanor






9. Court can file lean on persons property.






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






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






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






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






14. 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.






15. 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'






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






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






18. 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.






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






21. 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.






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






23. 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.






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






25. Citizenship Rights






26. Liability without proving to be at fault.






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






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






29. 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.






30. 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'






31. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






32. Time - Place - and Manner






33. 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.






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






35. 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.






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






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






38. 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).






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






40. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.






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






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






43. 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.






44. 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.






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






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






47. Arbitration - Mediation.






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






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