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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. 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.






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






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






4. 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.






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






6. 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.






7. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






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






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






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






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






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






17. 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.






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






19. 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.






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






21. 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).






22. 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.






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






24. Liability without proving to be at fault.






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






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






27. 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.






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






29. 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






30. Court can file lean on persons property.






31. Arbitration - Mediation.






32. 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.






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






34. 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.






35. 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'






36. Tort defending against spoken defamation of persons.






37. 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.






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






39. 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.






40. Citizenship Rights






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






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






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






44. Life estate measured on someone elses natural life.






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






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






47. Felony; Misdemeanor






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






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






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