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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 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.






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






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






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






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






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






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






8. Intentional; negligence - strict liability






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






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






11. 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.






12. 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.






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






14. Allows officers to investigate people - less strict then probable cause; 4th amendment






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






16. 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.






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






18. 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).






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






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






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






22. 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'






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






24. 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.






25. Court can file lean on persons property.






26. 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.






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.






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






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






30. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






31. Property law in writing - an agreement between two or more parties that places certain restrictions on the use of property or obligations the owner of the property to take specifications with respect to the land.






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






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






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






35. 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






36. 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.






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






38. Bill Of Rights protection against self-incarceration and just compensation






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






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'






41. Life estate measured on someone elses natural life.






42. Tort defending against spoken defamation of persons.






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






44. Time - Place - and Manner






45. Arbitration - Mediation.






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






47. 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.






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






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