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






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.






3. 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.






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






5. Liability without proving to be at fault.






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






7. 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.






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






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






10. 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.






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






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






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






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






15. Any service on real estate that is not paid. Must file lean within 12 months of service provided.






16. Arbitration - Mediation.






17. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






18. 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.






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






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






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






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






23. Life estate measured on someone elses natural life.






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






25. 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.






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






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






28. 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






29. 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.






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






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






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






33. Time - Place - and Manner






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






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






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






37. 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.






38. Intentional; negligence - strict liability






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






40. 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).






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






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.






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






44. 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.






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






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






47. 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.






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






49. Citizenship Rights






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