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






2. 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.






3. 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.






4. 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.






5. Tort defending against spoken defamation of persons.






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






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






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






9. Life estate measured on someone elses natural life.






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






11. 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'






12. 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.






13. 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.






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






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






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






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






18. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






19. 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






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






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






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






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






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






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






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






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






28. 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.






29. 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.






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






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






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






34. Liability without proving to be at fault.






35. Arbitration - Mediation.






36. 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.






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






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






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






40. 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.






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






42. 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'






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






44. Intentional; negligence - strict liability






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






46. Citizenship Rights






47. Felony; Misdemeanor






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






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






50. 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.