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






2. 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.






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






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






5. 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.






6. Arbitration - Mediation.






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






8. 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.






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






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






11. 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.






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






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






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






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






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






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






18. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






19. Life estate measured on someone elses natural life.






20. Liability without proving to be at fault.






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






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






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






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






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






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






27. Citizenship Rights






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






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






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






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






32. Time - Place - and Manner






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






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






35. 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.






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






37. 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.






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






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






40. 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.






41. 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.






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






43. 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.






44. 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.






45. 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).






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






47. 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'






48. Tort defending against spoken defamation of persons.






49. 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.






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