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






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






3. Tort defending against spoken defamation of persons.






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






5. 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.






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






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






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






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






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






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






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






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






14. 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'






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






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






17. 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.






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






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






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






21. Time - Place - and Manner






22. 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.






23. 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.






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






25. Citizenship Rights






26. 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.






27. 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).






28. 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.






29. 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.






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






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






32. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






36. Life estate measured on someone elses natural life.






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






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






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






40. Felony; Misdemeanor






41. 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.






42. 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'






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






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






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






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






47. Intentional; negligence - strict liability






48. 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.






49. 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.






50. 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.