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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. 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).






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






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






4. Life estate measured on someone elses natural life.






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






6. 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.






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






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






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






10. Court can file lean on persons property.






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






12. Arbitration - Mediation.






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






14. Tort defending against spoken defamation of persons.






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






16. 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'






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






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






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






20. 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.






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






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






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






24. 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.






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






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






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






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






29. Citizenship Rights






30. Intentional; negligence - strict liability






31. Felony; Misdemeanor






32. 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






33. 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.






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






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






36. 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.






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






38. Liability without proving to be at fault.






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






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






41. 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.






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






43. 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.






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






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






46. 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.






47. 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.






48. 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.






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






50. 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'