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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 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.






2. 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.






3. 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.






4. Arbitration - Mediation.






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






6. Liability without proving to be at fault.






7. 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






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






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






10. Intentional; negligence - strict liability






11. 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.






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






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






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






15. 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.






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






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






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






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






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






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






22. 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.






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






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






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






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






27. Tort defending against spoken defamation of persons.






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. 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.






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






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






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






33. 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.






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






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






36. 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.






37. Felony; Misdemeanor






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






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






40. 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.






41. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






42. Time - Place - and Manner






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






44. 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).






45. Court can file lean on persons property.






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






47. 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.






48. 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.






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






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