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






2. 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.






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. 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.






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






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






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






8. Intentional; negligence - strict liability






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






10. Arbitration - Mediation.






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






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






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






14. 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'






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






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






17. 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.






18. Time - Place - and Manner






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. 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






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






22. 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.






23. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






24. 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.






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






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






27. Tort defending against spoken defamation of persons.






28. 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.






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






30. 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.






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






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






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






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






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






36. 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.






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






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






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






40. 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).






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






42. 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.






43. 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.






44. 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.






45. 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.






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






47. 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.






48. Liability without proving to be at fault.






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






50. Felony; Misdemeanor