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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 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.






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






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






5. 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.






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






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






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






9. 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.






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






11. 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






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






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






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






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






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






17. Time - Place - and Manner






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






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






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






22. 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.






23. 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.






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






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






26. Life estate measured on someone elses natural life.






27. 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).






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






29. 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.






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






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






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






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






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






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






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






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






38. 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.






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






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






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






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






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






45. 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.






46. Intentional; negligence - strict liability






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






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






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






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