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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. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Implied Warranty
Jurisdiction
In Personum
Tort
2. Felony; Misdemeanor
what are the 2 Main Categories of Crime
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Tenants in Common
Plea Bargaining
3. Sworn testimony - written or oral - of a person taken outside of court.
Fee Simple Absolute(FSA)
Doctrine of strict liabilities
Bill of Rights - Amendment 5
Deposition
4. 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.
Fee Simple Absolute(FSA)
what are the 4 factors of Negligence (tort)
In Personum
Parole Evidence Rule
5. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Doctrine of strict liabilities
Respondeat Superior
Bill of Rights - Amendment 8
what are the 4 types of slander
6. 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'
Res Ispa Loquitur
Bill of Rights - Amendment 8
Res Judicata
Intentional (tort)
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'
Eminent Domain
Mechanics Lean
Covenant
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
8. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Vicarious Liabilities
Bill of Rights - Amendment 4
what are the 3 types of torts
Fee Simple Absolute(FSA)
9. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
what are the 8 common law crimes
Parole Evidence Rule
Estate Pur Autrie Vie
Implied Warranty
10. Intentional and wrongful interference with possession of personal property of another without consent
Tresspass to personal property
What is Law
what are the 4 factors of Negligence (tort)
what are the 2 Main Categories of Crime
11. Freedom of speech - religion - press - rights to assemble - and petition of government
Doctrine of Transferred Intent
Jurisdiction
Tenants in Common
Bill of Rights - Amendment 1
12. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Implied Warranty
Respondeat Superior
Bill of Rights - Amendment 5
Misdemeanor
13. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb
Common Law Crimes
Felony
Statute of Frauds
Tacking
14. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
Bill of Rights - Amendment 6
what are the 8 common law crimes
Strict Liability (tort)
what are the 2 types of ADR
15. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
Jurisdiction
Strict Liability (tort)
Double Jeopardy
what are the 4 factors of Negligence (tort)
16. Citizenship Rights
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Bill of Rights - Amendment 14
Plea Bargaining
Negligence (tort)
17. 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.
Expressed Warranty
Fee Simple Absolute(FSA)
Independent Contractor
Bill of Rights - Amendment 5
18. The criminal intent that must be established; the guilty mind
Actus reas
Res Ispa Loquitur
Mens rea
Parole Evidence Rule
19. 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.
Jurisdiction
What is Law
Bill of Rights - Amendment 4
Doctrine Of Fusion
20. 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.
Parole Evidence Rule
Estate Pur Autrie Vie
In Rem
Interference with Contractual Relationships
21. Life estate measured on someone elses natural life.
Easement
Mens rea
Estate Pur Autrie Vie
what are the 2 types of ADR
22. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Bill of Rights - Amendment 14
Slander
Negligence (tort)
Doctrine Of Fusion
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.
Covenant
Bill of Rights - Amendment 14
Life Estate
Bill of Rights - Amendment 8
24. 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.
Quantum Meriut
Bill of Rights - Amendment 6
Bill of Rights - Amendment 5
Joint Tenants with the Right of Survivor-ship(JTWTROS)
25. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
what are the 4 factors of Negligence (tort)
Adverse Possession
Estate Pur Autrie Vie
Eminent Domain
26. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Parole Evidence Rule
Doctrine of Transferred Intent
Actus reas
Plea Bargaining
27. Intentional; negligence - strict liability
Res Ispa Loquitur
what are the 3 types of torts
Interference with Contractual Relationships
Parole Evidence Rule
28. The physical part of the crime; the guilty act
Actus reas
what are the 8 common law crimes
Adverse Possession
Tresspass to land
29. Time - Place - and Manner
Tacking
what are the 8 common law crimes
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
1st Amendment Limitations
30. 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).
Plea Bargaining
Actus reas
What is Law
what are the 2 types of ADR
31. 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.
Tresspass to personal property
Common Law Crimes
Reasonable suspicion
Tort
32. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Interference with Contractual Relationships
Reasonable suspicion
Nuisance (private)
Deposition
33. Unreasonable interference with a right held in common by the general public
what are the 8 common law crimes
Tresspass to personal property
Misdemeanor
Nuisance (public)
34. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Plea Bargaining
Bill of Rights - Amendment 1
1st Amendment Limitations
Tacking
35. Right against unreasonable search and seizure(probable cause)
Vicarious Liabilities
Bill of Rights - Amendment 4
Quantum Meriut
Inchoate Crimes
36. Liability without proving to be at fault.
Statute of Frauds
Strict Liability (tort)
Covenant
Eminent Domain
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
what are the 6/7 statutes of frauds
Alternative Dispute Resolution(ADR)
Interference with Contractual Relationships
Strict Liability (tort)
38. 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.
Felony
Common Law Crimes
Respondeat Superior
Bill of Rights - Amendment 1
39. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Misdemeanor
Double Jeopardy
1st Amendment Limitations
Tenants in Common
40. Duty - breach of duty - proximate cause - damage.
Doctrine Of Fusion
what are the 4 factors of Negligence (tort)
Quit-Claim
In Personum
41. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Independent Contractor
Easement
Common Law Crimes
Misdemeanor
42. Court can file lean on persons property.
In Rem
Warranty Deed
1st Amendment Limitations
Quantum Meriut
43. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
what are the 6/7 statutes of frauds
Statute of Frauds
what are the 4 factors of Negligence (tort)
Bill of Rights - Amendment 8
44. 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.
Tresspass to land
Reasonable suspicion
Vicarious Liabilities
Court Of Equity
45. 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.
Court Of Equity
Life Estate
Res Judicata
Doctrine Of Fusion
46. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Double Jeopardy
Inchoate Crimes
Doctrine of strict liabilities
Actus reas
47. 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
Tort
Negligence (tort)
Jurisdiction
48. Tort defending against spoken defamation of persons.
Eminent Domain
Slander
Double Jeopardy
Fee Simple Absolute(FSA)
49. Spoken word - telling lies - publicizing - causing damage.
Deposition
what are the 4 types of slander
Inchoate Crimes
What is Law
50. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
5th Amendment Immunity
Intentional (tort)
Estate Pur Autrie Vie
what are the 2 Main Categories of Crime
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