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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. 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.






2. Time - Place - and Manner






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






4. 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.






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






6. Court can file lean on persons property.






7. 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.






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






9. Tort defending against spoken defamation of persons.






10. 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.






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






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






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






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






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






16. 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.






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






18. Life estate measured on someone elses natural life.






19. 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.






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






21. Liability without proving to be at fault.






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






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






24. 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.






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






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






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






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






29. Citizenship Rights






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






31. 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.






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






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






34. 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'






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






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






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






38. 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.






39. 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.






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






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






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






43. 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.






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






45. Arbitration - Mediation.






46. 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






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






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. Felony; Misdemeanor






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