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






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






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






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






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






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






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






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






9. 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'






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






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






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






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






14. 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.






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






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






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






20. 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.






21. Time - Place - and Manner






22. 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.






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






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






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






26. 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.






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






28. Intentional; negligence - strict liability






29. 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.






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






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






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






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






35. Tort defending against spoken defamation of persons.






36. Felony; Misdemeanor






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






38. 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.






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






40. 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.






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






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






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






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






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






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






47. 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.






48. Liability without proving to be at fault.






49. 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.






50. Life estate measured on someone elses natural life.