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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. Intentional; negligence - strict liability






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






3. 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.






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






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






6. 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.






7. 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.






8. 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.






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






10. 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'






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






12. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






17. Court can file lean on persons property.






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






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






20. Arbitration - Mediation.






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






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






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






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






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






26. Tort defending against spoken defamation of persons.






27. 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.






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






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






30. 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.






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






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






33. 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.






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






35. 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.






36. Felony; Misdemeanor






37. 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).






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






39. 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'






40. 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.






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






42. 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.






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






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






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






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






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






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






49. Citizenship Rights






50. Time - Place - and Manner







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