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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. Intentional; negligence - strict liability
what are the 3 types of torts
Doctrine of strict liabilities
Covenant
what are the 2 types of ADR
2. Bill Of Rights protection against self-incarceration and just compensation
Parole Evidence Rule
Bill of Rights - Amendment 5
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Res Ispa Loquitur
3. 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.
In Rem
Parole Evidence Rule
Felony
Alternative Dispute Resolution(ADR)
4. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
Life Estate
Implied Warranty
what are the 6/7 statutes of frauds
Actus reas
5. Spoken word - telling lies - publicizing - causing damage.
Common Law Crimes
Bill of Rights - Amendment 14
Covenant
what are the 4 types of slander
6. 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.
Interference with Contractual Relationships
Tenants in Common
Covenant
what are the 6/7 statutes of frauds
7. 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.
Tort
what are the 6/7 statutes of frauds
Tacking
Life Estate
8. 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.
what are the 2 types of ADR
Doctrine Of Fusion
Inchoate Crimes
Felony
9. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Inchoate Crimes
Alternative Dispute Resolution(ADR)
Double Jeopardy
Res Ispa Loquitur
10. 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'
Bill of Rights - Amendment 8
Bill of Rights - Amendment 5
Intentional (tort)
Res Ispa Loquitur
11. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Misdemeanor
Strict Liability (tort)
Mens rea
Deposition
12. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb
Common Law Crimes
Tort
Deposition
Bill of Rights - Amendment 8
13. Unreasonable interference with a right held in common by the general public
Estate Pur Autrie Vie
Deposition
Bill of Rights - Amendment 6
Nuisance (public)
14. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Easement
Strict Liability (tort)
Jurisdiction
15. Attempt to settle civil cases before trial. Required in the state of FL. Two types
Strict Liability (tort)
Adverse Possession
Independent Contractor
Alternative Dispute Resolution(ADR)
16. Allows officers to investigate people - less strict then probable cause; 4th amendment
Doctrine Of Fusion
Independent Contractor
what are the 6/7 statutes of frauds
Reasonable suspicion
17. Court can file lean on persons property.
Intentional (tort)
Doctrine of strict liabilities
In Rem
Nuisance (private)
18. The physical part of the crime; the guilty act
1st Amendment Limitations
Res Ispa Loquitur
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Actus reas
19. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
what are the 8 common law crimes
what are the 4 factors of Negligence (tort)
Plea Bargaining
1st Amendment Limitations
20. Arbitration - Mediation.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Vicarious Liabilities
Tresspass to personal property
what are the 2 types of ADR
21. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
Bill of Rights - Amendment 4
Adverse Possession
what are the 4 factors of Negligence (tort)
Jurisdiction
22. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
Deposition
Warranty Deed
Expressed Warranty
5th Amendment Immunity
23. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Doctrine of strict liabilities
Misdemeanor
Mens rea
Slander
24. Right against unreasonable search and seizure(probable cause)
Bill of Rights - Amendment 4
Plea Bargaining
Bill of Rights - Amendment 5
Common Law Crimes
25. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Tacking
1st Amendment Limitations
Bill of Rights - Amendment 14
Covenant
26. Tort defending against spoken defamation of persons.
Res Ispa Loquitur
what are the 3 types of torts
Slander
Bill of Rights - Amendment 8
27. 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.
Reasonable suspicion
Tresspass to land
Covenant
Nuisance (public)
28. Duty - breach of duty - proximate cause - damage.
Mens rea
1st Amendment Limitations
what are the 4 factors of Negligence (tort)
Doctrine of Transferred Intent
29. Freedom of speech - religion - press - rights to assemble - and petition of government
Intentional (tort)
Bill of Rights - Amendment 1
Res Ispa Loquitur
Bill of Rights - Amendment 14
30. 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.
Nuisance (public)
Implied Warranty
5th Amendment Immunity
What is Law
31. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Bill of Rights - Amendment 5
In Personum
Doctrine of strict liabilities
what are the 2 Main Categories of Crime
32. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Easement
What is Law
Nuisance (private)
what are the 6/7 statutes of frauds
33. 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
Tresspass to personal property
In Personum
Adverse Possession
34. Right against cruel and unusual punishment - includes excessive fines
Alternative Dispute Resolution(ADR)
Covenant
Bill of Rights - Amendment 8
What is Law
35. 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
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Mechanics Lean
1st Amendment Limitations
36. Felony; Misdemeanor
what are the 3 types of torts
In Rem
Deposition
what are the 2 Main Categories of Crime
37. 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).
Doctrine of Transferred Intent
Plea Bargaining
Bill of Rights - Amendment 8
Court Of Equity
38. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Respondeat Superior
Vicarious Liabilities
Tenants in Common
Tresspass to land
39. 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'
Bill of Rights - Amendment 8
what are the 4 factors of Negligence (tort)
what are the 3 types of torts
Eminent Domain
40. 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.
Double Jeopardy
Life Estate
1st Amendment Limitations
Felony
41. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel
Res Ispa Loquitur
Bill of Rights - Amendment 6
Jurisdiction
Alternative Dispute Resolution(ADR)
42. 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
Tort
Mechanics Lean
Common Law Crimes
43. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Quit-Claim
Intentional (tort)
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Adverse Possession
44. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Alternative Dispute Resolution(ADR)
Common Law Crimes
what are the 8 common law crimes
Negligence (tort)
45. The criminal intent that must be established; the guilty mind
Felony
Quit-Claim
Mens rea
Nuisance (private)
46. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.
Warranty Deed
Life Estate
In Personum
Bill of Rights - Amendment 4
47. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
Parole Evidence Rule
Double Jeopardy
Quit-Claim
Common Law Crimes
48. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Tenants in Common
Quit-Claim
Negligence (tort)
Nuisance (public)
49. Citizenship Rights
Expressed Warranty
Bill of Rights - Amendment 14
1st Amendment Limitations
Statute of Frauds
50. Time - Place - and Manner
Double Jeopardy
Actus reas
Bill of Rights - Amendment 5
1st Amendment Limitations
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