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






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






3. Arbitration - Mediation.






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






5. 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.






6. Intentional; negligence - strict liability






7. Criminal law rule that protects a defendant from being tried a second time for the same crime.






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






9. 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.






10. Tort defending against spoken defamation of persons.






11. 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.






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






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






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






15. 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






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






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






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






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






20. 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.






21. 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.






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






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






24. 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.






25. 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'






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






27. 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.






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






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






30. 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.






31. Felony; Misdemeanor






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






33. Citizenship Rights






34. 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'






35. 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.






36. 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.






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






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. 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.






41. 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.






42. Court can file lean on persons property.






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






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






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






46. Time - Place - and Manner






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






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






49. Sworn testimony - written or oral - of a person taken outside of court.






50. Life estate measured on someone elses natural life.