Test your basic knowledge |

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. Citizenship Rights






2. 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.






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






4. 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.






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






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






7. 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.






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






9. 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).






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






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






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






14. 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.






15. 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.






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






17. 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.






18. 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.






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






20. Tort defending against spoken defamation of persons.






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






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






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






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






25. 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.






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






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






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






29. 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.






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






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






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






33. 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.






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






35. Liability without proving to be at fault.






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






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






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






39. 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.






40. 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.






41. 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'






42. 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.






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






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






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






46. 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.






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






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






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






50. Arbitration - Mediation.