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






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






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






4. 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'






5. 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.






6. 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.






7. 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'






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






9. 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).






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






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






12. Life estate measured on someone elses natural life.






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






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






15. 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.






16. 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






17. 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.






18. 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.






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






20. Intentional; negligence - strict liability






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






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






23. 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.






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






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






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






27. 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.






28. 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.






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






30. Felony; Misdemeanor






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






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






33. 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.






34. Liability without proving to be at fault.






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






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






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






38. Tort defending against spoken defamation of persons.






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






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






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






42. Arbitration - Mediation.






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






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






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






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






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






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






49. 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.






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