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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. 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.






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






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






4. Court can file lean on persons property.






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






6. Time - Place - and Manner






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






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






10. 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.






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






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






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






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






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






16. 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.






17. 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.






18. Tort defending against spoken defamation of persons.






19. Citizenship Rights






20. 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.






21. 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.






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






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






24. 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.






25. 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'






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






27. 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.






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






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






30. 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.






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






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






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






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






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






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






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






38. 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).






39. 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.






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






41. 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.






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.






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






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






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






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






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






48. Felony; Misdemeanor






49. Arbitration - Mediation.






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