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






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






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






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






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






6. 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.






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






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






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






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






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






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






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






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






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






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






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






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






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






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






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






22. 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.






23. 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.






24. Liability without proving to be at fault.






25. Time - Place - and Manner






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






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






28. Felony; Misdemeanor






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






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






31. 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.






32. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






33. 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






34. 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.






35. 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.






36. Intentional; negligence - strict liability






37. 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.






38. 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.






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






40. 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'






41. 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.






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






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






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






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






46. 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.






47. 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'






48. Tort defending against spoken defamation of persons.






49. 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).






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