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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. 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'






2. 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






3. Time - Place - and Manner






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. 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.






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






7. 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.






8. 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.






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






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






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






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






13. 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.






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






15. Life estate measured on someone elses natural life.






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






17. 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.






18. Court can file lean on persons property.






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






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






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






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






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






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






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






26. Tort defending against spoken defamation of persons.






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






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






29. 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'






30. Liability without proving to be at fault.






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






32. Felony; Misdemeanor






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






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






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






36. 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.






37. 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.






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






39. 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.






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






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






42. 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.






43. Citizenship Rights






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






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






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






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






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






49. 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.






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