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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. 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.






2. 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.






3. 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.






4. 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.






5. Liability without proving to be at fault.






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






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






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






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






10. 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.






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






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






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






14. Arbitration - Mediation.






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






16. 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.






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






18. 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).






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






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






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






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






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






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






25. Intentional; negligence - strict liability






26. Tort defending against spoken defamation of persons.






27. Court can file lean on persons property.






28. 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.






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






30. Life estate measured on someone elses natural life.






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






32. 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.






33. Citizenship Rights






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






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






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






37. 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.






38. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






41. Time - Place - and Manner






42. 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.






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






44. 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'






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






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






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






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






49. 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.






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