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






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






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






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






6. 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.






7. 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






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






9. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






10. Liability without proving to be at fault.






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






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






13. Time - Place - and Manner






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






15. 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.






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






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






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






19. 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.






20. 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'






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






22. Life estate measured on someone elses natural life.






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






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






25. 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.






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






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






28. Felony; Misdemeanor






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






30. 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.






31. Arbitration - Mediation.






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






33. 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'






34. Citizenship Rights






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






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






37. 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.






38. 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.






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






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






41. 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.






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






43. Tort defending against spoken defamation of persons.






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






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






46. 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.






47. Court can file lean on persons property.






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






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






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