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






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






3. 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).






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






5. 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.






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






7. 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.






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






9. 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.






10. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.






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






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






13. Court can file lean on persons property.






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






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






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






17. Citizenship Rights






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






19. Time - Place - and Manner






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






21. Intentional; negligence - strict liability






22. 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.






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






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






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






26. 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'






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






28. 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.






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






30. 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'






31. Felony; Misdemeanor






32. 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.






33. 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.






34. 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.






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






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






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






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






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






40. 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.






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






42. Arbitration - Mediation.






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






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






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






46. Liability without proving to be at fault.






47. 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.






48. Tort defending against spoken defamation of persons.






49. 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






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