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. 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.






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






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






4. 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.






5. 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.






6. 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.






7. 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.






8. 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.






9. 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.






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






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






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






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






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






15. Liability without proving to be at fault.






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






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






18. 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.






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






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






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






22. 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).






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






24. Tort defending against spoken defamation of persons.






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






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






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






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






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






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






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






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






33. Citizenship Rights






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






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






36. 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'






37. 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






38. Court can file lean on persons property.






39. Intentional; negligence - strict liability






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






41. Time - Place - and Manner






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






43. Life estate measured on someone elses natural life.






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






45. 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.






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






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






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






50. Arbitration - Mediation.