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Business Law Test - 2
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Subjects
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law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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. Intentional; negligence - strict liability
what are the 3 types of torts
Bill of Rights - Amendment 8
Parole Evidence Rule
Plea Bargaining
2. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Vicarious Liabilities
Bill of Rights - Amendment 1
what are the 6/7 statutes of frauds
Fee Simple Absolute(FSA)
3. Right against cruel and unusual punishment - includes excessive fines
Deposition
Bill of Rights - Amendment 8
Doctrine of strict liabilities
what are the 8 common law crimes
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.
Bill of Rights - Amendment 6
Felony
Inchoate Crimes
Quit-Claim
5. 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
Nuisance (private)
what are the 6/7 statutes of frauds
Negligence (tort)
Intentional (tort)
6. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Bill of Rights - Amendment 4
what are the 2 types of ADR
Parole Evidence Rule
Mechanics Lean
7. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Court Of Equity
Nuisance (private)
Strict Liability (tort)
Bill of Rights - Amendment 14
8. The physical part of the crime; the guilty act
Eminent Domain
Fee Simple Absolute(FSA)
Actus reas
1st Amendment Limitations
9. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
Adverse Possession
Tresspass to personal property
Mens rea
Bill of Rights - Amendment 4
10. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Tacking
Bill of Rights - Amendment 5
Strict Liability (tort)
Bill of Rights - Amendment 8
11. Spoken word - telling lies - publicizing - causing damage.
Tresspass to personal property
what are the 4 types of slander
Felony
Bill of Rights - Amendment 14
12. Court can file lean on persons property.
Doctrine of strict liabilities
Quit-Claim
Tort
In Rem
13. 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.
Covenant
Bill of Rights - Amendment 14
Fee Simple Absolute(FSA)
Vicarious Liabilities
14. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Negligence (tort)
Tenants in Common
what are the 4 factors of Negligence (tort)
Statute of Frauds
15. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
Mechanics Lean
5th Amendment Immunity
what are the 4 types of slander
Tresspass to personal property
16. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Tresspass to personal property
Court Of Equity
In Personum
Doctrine of strict liabilities
17. Tort defending against spoken defamation of persons.
Common Law Crimes
In Rem
Slander
Bill of Rights - Amendment 6
18. Life estate measured on someone elses natural life.
Vicarious Liabilities
Estate Pur Autrie Vie
Statute of Frauds
what are the 2 Main Categories of Crime
19. Citizenship Rights
Bill of Rights - Amendment 14
Doctrine Of Fusion
Jurisdiction
Joint Tenants with the Right of Survivor-ship(JTWTROS)
20. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
Reasonable suspicion
Plea Bargaining
Res Ispa Loquitur
Implied Warranty
21. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Reasonable suspicion
Easement
Mechanics Lean
22. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Tenants in Common
Parole Evidence Rule
Strict Liability (tort)
Bill of Rights - Amendment 5
23. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
what are the 2 Main Categories of Crime
Respondeat Superior
Bill of Rights - Amendment 6
Quit-Claim
24. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
Court Of Equity
Implied Warranty
what are the 6/7 statutes of frauds
what are the 8 common law crimes
25. 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.
What is Law
In Personum
Parole Evidence Rule
what are the 2 types of ADR
26. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Parole Evidence Rule
Estate Pur Autrie Vie
Slander
Intentional (tort)
27. Arbitration - Mediation.
Deposition
what are the 2 types of ADR
Estate Pur Autrie Vie
Mechanics Lean
28. Unreasonable interference with a right held in common by the general public
Statute of Frauds
Res Ispa Loquitur
Respondeat Superior
Nuisance (public)
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.
Res Judicata
Life Estate
Tresspass to land
Court Of Equity
30. Freedom of speech - religion - press - rights to assemble - and petition of government
Bill of Rights - Amendment 1
Res Ispa Loquitur
Tenants in Common
Doctrine Of Fusion
31. 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'
Eminent Domain
Reasonable suspicion
Deposition
Plea Bargaining
32. 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.
what are the 3 types of torts
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Quantum Meriut
Tacking
33. 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.
5th Amendment Immunity
Independent Contractor
what are the 4 types of slander
Tenants in Common
34. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
In Personum
Bill of Rights - Amendment 14
Doctrine of strict liabilities
Warranty Deed
35. 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.
Mens rea
Vicarious Liabilities
Double Jeopardy
What is Law
36. 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.
what are the 4 factors of Negligence (tort)
Res Judicata
Tort
Tresspass to personal property
37. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Mens rea
Bill of Rights - Amendment 5
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Misdemeanor
38. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Implied Warranty
Warranty Deed
Bill of Rights - Amendment 1
Double Jeopardy
39. Intentional and wrongful interference with possession of personal property of another without consent
Court Of Equity
what are the 4 types of slander
Tresspass to personal property
Bill of Rights - Amendment 14
40. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Res Ispa Loquitur
Negligence (tort)
Mens rea
5th Amendment Immunity
41. 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.
Negligence (tort)
Tort
Tenants in Common
What is Law
42. 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.
Mens rea
Doctrine Of Fusion
1st Amendment Limitations
Tacking
43. 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.
Vicarious Liabilities
Warranty Deed
Negligence (tort)
Actus reas
44. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
Nuisance (private)
Jurisdiction
Doctrine of strict liabilities
Easement
45. Right against unreasonable search and seizure(probable cause)
Nuisance (public)
Reasonable suspicion
Common Law Crimes
Bill of Rights - Amendment 4
46. Sworn testimony - written or oral - of a person taken outside of court.
Parole Evidence Rule
Tenants in Common
Eminent Domain
Deposition
47. 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).
Adverse Possession
Quantum Meriut
Warranty Deed
Plea Bargaining
48. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Negligence (tort)
Plea Bargaining
Mechanics Lean
Doctrine of Transferred Intent
49. Attempt to settle civil cases before trial. Required in the state of FL. Two types
what are the 6/7 statutes of frauds
Alternative Dispute Resolution(ADR)
what are the 2 types of ADR
Expressed Warranty
50. 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.
Interference with Contractual Relationships
Common Law Crimes
Fee Simple Absolute(FSA)
Quit-Claim
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