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






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






3. Time - Place - and Manner






4. Arbitration - Mediation.






5. 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.






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






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






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






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






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






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






12. Citizenship Rights






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






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






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






16. Felony; Misdemeanor






17. 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.






18. 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.






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






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






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






22. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






24. 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.






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






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






27. 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.






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






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






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






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






33. 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.






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






35. 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).






36. 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'






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






38. Court can file lean on persons property.






39. Tort defending against spoken defamation of persons.






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






41. 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.






42. Intentional; negligence - strict liability






43. 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.






44. 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.






45. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.






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






47. Intentional and wrongful interference with possession of personal property of another without consent






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






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






50. 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.