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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. 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.






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






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






4. Arbitration - Mediation.






5. Life estate measured on someone elses natural life.






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






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






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






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






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






12. Liability without proving to be at fault.






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






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






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






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






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






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






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






20. 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.






21. 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.






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






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






24. 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.






25. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.






26. 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.






27. 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'






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






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






30. Court can file lean on persons property.






31. An activity that substantially and unreasonably interferes with the used and enjoyment of land






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






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






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






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






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






37. 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.






38. Intentional; negligence - strict liability






39. 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'






40. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.






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






42. Time - Place - and Manner






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






44. 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.






45. 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.






46. 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.






47. 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.






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






49. Citizenship Rights






50. 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