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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. 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.






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






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






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






5. 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.






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






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






8. 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.






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






10. 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.






11. 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'






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






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






14. Intentional; negligence - strict liability






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






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






17. 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.






18. Court can file lean on persons property.






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






20. Arbitration - Mediation.






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






22. 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.






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






24. 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'






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. Felony; Misdemeanor






27. Time - Place - and Manner






28. 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.






29. 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.






30. Tort defending against spoken defamation of persons.






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






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






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






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






35. 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.






36. 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.






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






38. 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.






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






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






41. 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.






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






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






44. Life estate measured on someone elses natural life.






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






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






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






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






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






50. 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).