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Test your basic knowledge |
Business Law Test - 2
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Subjects
:
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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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. Attempt to settle civil cases before trial. Required in the state of FL. Two types
Alternative Dispute Resolution(ADR)
Bill of Rights - Amendment 1
5th Amendment Immunity
Strict Liability (tort)
2. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Res Judicata
what are the 2 types of ADR
Respondeat Superior
Negligence (tort)
3. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Covenant
Doctrine of strict liabilities
Easement
Adverse Possession
4. Time - Place - and Manner
Interference with Contractual Relationships
1st Amendment Limitations
Vicarious Liabilities
Res Ispa Loquitur
5. 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.
Nuisance (public)
Expressed Warranty
Parole Evidence Rule
In Personum
6. Citizenship Rights
Deposition
Negligence (tort)
In Rem
Bill of Rights - Amendment 14
7. 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.
Res Judicata
Bill of Rights - Amendment 14
5th Amendment Immunity
what are the 2 types of ADR
8. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
Fee Simple Absolute(FSA)
Tacking
Tort
Implied Warranty
9. Bill Of Rights protection against self-incarceration and just compensation
Felony
Easement
Bill of Rights - Amendment 5
Parole Evidence Rule
10. Duty - breach of duty - proximate cause - damage.
what are the 3 types of torts
what are the 4 factors of Negligence (tort)
what are the 2 types of ADR
Misdemeanor
11. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Strict Liability (tort)
Warranty Deed
Tresspass to personal property
In Personum
12. 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.
In Rem
Parole Evidence Rule
Life Estate
Plea Bargaining
13. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
Quantum Meriut
5th Amendment Immunity
Misdemeanor
Parole Evidence Rule
14. 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.
Tort
Independent Contractor
Slander
Covenant
15. 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'
Eminent Domain
what are the 2 types of ADR
Interference with Contractual Relationships
Inchoate Crimes
16. Court can file lean on persons property.
what are the 3 types of torts
In Rem
Misdemeanor
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
17. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Intentional (tort)
Warranty Deed
Res Ispa Loquitur
Tacking
18. 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.
Mechanics Lean
Quantum Meriut
Negligence (tort)
what are the 4 types of slander
19. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Misdemeanor
Mechanics Lean
Expressed Warranty
what are the 3 types of torts
20. 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.
Tresspass to land
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Reasonable suspicion
Tacking
21. 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).
Felony
Plea Bargaining
Court Of Equity
Expressed Warranty
22. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
What is Law
Tacking
Fee Simple Absolute(FSA)
23. 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.
Doctrine Of Fusion
Intentional (tort)
Felony
In Rem
24. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Tacking
5th Amendment Immunity
Quit-Claim
Estate Pur Autrie Vie
25. Unreasonable interference with a right held in common by the general public
In Rem
Nuisance (public)
Implied Warranty
Bill of Rights - Amendment 8
26. 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.
Respondeat Superior
Parole Evidence Rule
Nuisance (public)
Reasonable suspicion
27. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Res Judicata
Quit-Claim
1st Amendment Limitations
Negligence (tort)
28. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Warranty Deed
Nuisance (private)
what are the 4 types of slander
Doctrine Of Fusion
29. If one tenant passes away - the other claims full ownership of all property.
In Rem
Intentional (tort)
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Inchoate Crimes
30. Felony; Misdemeanor
Doctrine of strict liabilities
Statute of Frauds
what are the 2 Main Categories of Crime
Bill of Rights - Amendment 14
31. Spoken word - telling lies - publicizing - causing damage.
In Rem
what are the 4 types of slander
Bill of Rights - Amendment 4
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
32. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Tresspass to personal property
Easement
Statute of Frauds
Actus reas
33. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
Life Estate
Quit-Claim
Actus reas
what are the 2 types of ADR
34. The physical part of the crime; the guilty act
Actus reas
Easement
In Rem
1st Amendment Limitations
35. Intentional and wrongful interference with possession of personal property of another without consent
Tresspass to personal property
Doctrine Of Fusion
Bill of Rights - Amendment 14
Quantum Meriut
36. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Inchoate Crimes
1st Amendment Limitations
Statute of Frauds
Interference with Contractual Relationships
37. 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
Actus reas
what are the 6/7 statutes of frauds
Life Estate
In Personum
38. Criminal law rule that protects a defendant from being tried a second time for the same crime.
what are the 4 factors of Negligence (tort)
Estate Pur Autrie Vie
Independent Contractor
Double Jeopardy
39. Freedom of speech - religion - press - rights to assemble - and petition of government
Quit-Claim
Bill of Rights - Amendment 1
Felony
Adverse Possession
40. The criminal intent that must be established; the guilty mind
Eminent Domain
what are the 2 Main Categories of Crime
Mens rea
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
41. 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.
Doctrine Of Fusion
Alternative Dispute Resolution(ADR)
Easement
Bill of Rights - Amendment 8
42. Liability without proving to be at fault.
Deposition
what are the 6/7 statutes of frauds
Strict Liability (tort)
Warranty Deed
43. Intentional; negligence - strict liability
Quantum Meriut
Negligence (tort)
what are the 2 types of ADR
what are the 3 types of torts
44. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Tenants in Common
Bill of Rights - Amendment 1
Slander
In Rem
45. Allows officers to investigate people - less strict then probable cause; 4th amendment
Life Estate
Bill of Rights - Amendment 5
Reasonable suspicion
Bill of Rights - Amendment 6
46. Sworn testimony - written or oral - of a person taken outside of court.
Negligence (tort)
What is Law
Deposition
5th Amendment Immunity
47. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Actus reas
Nuisance (public)
Bill of Rights - Amendment 6
Statute of Frauds
48. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Alternative Dispute Resolution(ADR)
Respondeat Superior
Strict Liability (tort)
Fee Simple Absolute(FSA)
49. 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.
Parole Evidence Rule
What is Law
Res Judicata
Nuisance (public)
50. 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.
Court Of Equity
Actus reas
Easement
Felony
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