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






2. Tort defending against spoken defamation of persons.






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






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






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






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






7. 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.






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






9. 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.






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






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






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






13. Liability without proving to be at fault.






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






15. Arbitration - Mediation.






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






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






18. 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'






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






20. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






21. Felony; Misdemeanor






22. 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






23. 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.






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






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






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






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






28. 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.






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






30. Court can file lean on persons property.






31. 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.






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






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






34. 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.






35. 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'






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






37. 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).






38. 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.






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






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






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






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






43. 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.






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






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






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






47. 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.






48. 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.






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






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