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






2. 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.






3. 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'






4. 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.






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






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






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






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






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






10. 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.






11. Liability without proving to be at fault.






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






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






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






15. 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.






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






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






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






19. 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.






20. 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'






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






22. 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.






23. Citizenship Rights






24. Court can file lean on persons property.






25. Arbitration - Mediation.






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






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






28. 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.






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






30. 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.






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






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






33. Felony; Misdemeanor






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






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






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






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






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






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






41. Time - Place - and Manner






42. 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






43. 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).






44. Tort defending against spoken defamation of persons.






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






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






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






48. 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.






49. 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.






50. 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.