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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. 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.






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






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






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






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






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






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






8. Time - Place - and Manner






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.






10. Liability without proving to be at fault.






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






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






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






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.






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.






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






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






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






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






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.






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






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






23. Life estate measured on someone elses natural life.






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.






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






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'






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.






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.






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






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






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.






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






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






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






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






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.






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






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






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






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






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






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






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






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






45. Citizenship Rights






46. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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. 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.






50. Tort defending against spoken defamation of persons.






Can you answer 50 questions in 15 minutes?



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