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






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






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






5. 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.






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






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






8. 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).






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






10. Intentional; negligence - strict liability






11. 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.






12. 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'






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






14. Citizenship Rights






15. Life estate measured on someone elses natural life.






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






17. 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.






18. Felony; Misdemeanor






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






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






23. 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.






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






25. 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.






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






27. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






31. Time - Place - and Manner






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






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






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






35. 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.






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






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






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






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






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






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






42. 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.






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






44. 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.






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






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






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






48. Tort defending against spoken defamation of persons.






49. Liability without proving to be at fault.






50. 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'