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






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






3. 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'






4. Tort defending against spoken defamation of persons.






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






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






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






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






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






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






11. 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.






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






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






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






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






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






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






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






19. 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'






20. 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.






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






22. 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.






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






24. 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.






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






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






27. Time - Place - and Manner






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






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






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






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






32. Court can file lean on persons property.






33. Liability without proving to be at fault.






34. 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.






35. Felony; Misdemeanor






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






37. 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.






38. Arbitration - Mediation.






39. 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.






40. 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.






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






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






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






44. Life estate measured on someone elses natural life.






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






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






47. 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.






48. 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.






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






50. 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.