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






2. 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.






3. Liability without proving to be at fault.






4. 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'






5. 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.






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






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






8. 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.






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






10. Court can file lean on persons property.






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






12. 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).






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






14. Time - Place - and Manner






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






16. 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.






17. 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.






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






19. 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.






20. Life estate measured on someone elses natural life.






21. 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.






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






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






24. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if






25. 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.






26. Citizenship Rights






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






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






29. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






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






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






36. 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.






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






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






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






40. 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.






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






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






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






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






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






46. Tort defending against spoken defamation of persons.






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






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






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






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.