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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. 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
1st Amendment Limitations
Vicarious Liabilities
Negligence (tort)
2. 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.
Estate Pur Autrie Vie
Parole Evidence Rule
Common Law Crimes
Tort
3. 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.
Quantum Meriut
Doctrine of Transferred Intent
Tacking
Tort
4. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Intentional (tort)
In Personum
Interference with Contractual Relationships
Misdemeanor
5. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
1st Amendment Limitations
Doctrine Of Fusion
Respondeat Superior
Bill of Rights - Amendment 8
6. 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
Eminent Domain
Doctrine Of Fusion
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
7. Arbitration - Mediation.
Bill of Rights - Amendment 5
what are the 2 types of ADR
Tresspass to personal property
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
8. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
what are the 2 types of ADR
Double Jeopardy
Bill of Rights - Amendment 4
Inchoate Crimes
9. The criminal intent that must be established; the guilty mind
Doctrine of strict liabilities
Mens rea
what are the 2 Main Categories of Crime
Common Law Crimes
10. Spoken word - telling lies - publicizing - causing damage.
Plea Bargaining
what are the 4 types of slander
Mechanics Lean
Actus reas
11. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Bill of Rights - Amendment 14
Alternative Dispute Resolution(ADR)
Statute of Frauds
Misdemeanor
12. If one tenant passes away - the other claims full ownership of all property.
Slander
Estate Pur Autrie Vie
what are the 3 types of torts
Joint Tenants with the Right of Survivor-ship(JTWTROS)
13. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Mechanics Lean
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Doctrine of strict liabilities
Double Jeopardy
14. Felony; Misdemeanor
Tresspass to land
Covenant
what are the 2 Main Categories of Crime
Mechanics Lean
15. Court can file lean on persons property.
Bill of Rights - Amendment 4
Implied Warranty
Interference with Contractual Relationships
In Rem
16. Right against unreasonable search and seizure(probable cause)
Mechanics Lean
Bill of Rights - Amendment 4
Doctrine Of Fusion
Doctrine of strict liabilities
17. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel
what are the 3 types of torts
Bill of Rights - Amendment 6
Doctrine of Transferred Intent
Tenants in Common
18. 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)
Plea Bargaining
Eminent Domain
what are the 6/7 statutes of frauds
19. 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.
Bill of Rights - Amendment 5
Independent Contractor
Bill of Rights - Amendment 1
Fee Simple Absolute(FSA)
20. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
Plea Bargaining
Alternative Dispute Resolution(ADR)
Deposition
Adverse Possession
21. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Intentional (tort)
what are the 4 factors of Negligence (tort)
Negligence (tort)
Strict Liability (tort)
22. Duty - breach of duty - proximate cause - damage.
what are the 4 factors of Negligence (tort)
Fee Simple Absolute(FSA)
Interference with Contractual Relationships
Respondeat Superior
23. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Doctrine Of Fusion
Plea Bargaining
Double Jeopardy
what are the 2 types of ADR
24. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Easement
Strict Liability (tort)
what are the 8 common law crimes
Quit-Claim
25. Sworn testimony - written or oral - of a person taken outside of court.
Deposition
Court Of Equity
Eminent Domain
In Rem
26. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
Plea Bargaining
5th Amendment Immunity
what are the 4 factors of Negligence (tort)
Bill of Rights - Amendment 1
27. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Eminent Domain
In Rem
Strict Liability (tort)
Doctrine of Transferred Intent
28. The physical part of the crime; the guilty act
Strict Liability (tort)
Actus reas
Tacking
Nuisance (private)
29. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Statute of Frauds
Respondeat Superior
Doctrine of strict liabilities
what are the 8 common law crimes
30. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
Interference with Contractual Relationships
1st Amendment Limitations
Double Jeopardy
what are the 8 common law crimes
31. 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
Slander
Life Estate
Nuisance (public)
32. 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.
Res Ispa Loquitur
Nuisance (public)
Life Estate
what are the 3 types of torts
33. Liability without proving to be at fault.
Eminent Domain
Plea Bargaining
Strict Liability (tort)
what are the 2 Main Categories of Crime
34. 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.
what are the 2 Main Categories of Crime
Vicarious Liabilities
Life Estate
Doctrine of Transferred Intent
35. 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 5
Mens rea
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Res Ispa Loquitur
36. An activity that substantially and unreasonably interferes with the used and enjoyment of land
Nuisance (private)
1st Amendment Limitations
Quantum Meriut
Warranty Deed
37. Life estate measured on someone elses natural life.
Negligence (tort)
Quit-Claim
Deposition
Estate Pur Autrie Vie
38. 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.
Tresspass to personal property
What is Law
Tacking
Respondeat Superior
39. A courts power over the person involved in the action. Personal and best type of jurisdiction.
In Personum
What is Law
Mens rea
Slander
40. 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'
1st Amendment Limitations
Eminent Domain
Respondeat Superior
Estate Pur Autrie Vie
41. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.
Common Law Crimes
Warranty Deed
Inchoate Crimes
In Rem
42. 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.
Statute of Frauds
5th Amendment Immunity
Tort
Quantum Meriut
43. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Parole Evidence Rule
Tacking
Covenant
Fee Simple Absolute(FSA)
44. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Doctrine of strict liabilities
Tacking
Alternative Dispute Resolution(ADR)
Estate Pur Autrie Vie
45. Tort defending against spoken defamation of persons.
Mechanics Lean
Slander
Plea Bargaining
Warranty Deed
46. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
Jurisdiction
Quantum Meriut
Fee Simple Absolute(FSA)
Implied Warranty
47. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Court Of Equity
Intentional (tort)
Res Judicata
Mechanics Lean
48. 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.
Actus reas
Respondeat Superior
What is Law
Expressed Warranty
49. Freedom of speech - religion - press - rights to assemble - and petition of government
Inchoate Crimes
Negligence (tort)
Bill of Rights - Amendment 1
Tort
50. 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
In Personum
Bill of Rights - Amendment 1
Fee Simple Absolute(FSA)
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