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. 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.






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






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






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






5. Intentional; negligence - strict liability






6. 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.






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






8. 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.






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






10. Court can file lean on persons property.






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






12. 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.






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






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






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






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






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






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






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






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






21. 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).






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






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






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. 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.






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






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






28. Tort defending against spoken defamation of persons.






29. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






30. 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.






31. 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.






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






33. 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'






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






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






36. Citizenship Rights






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






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






39. 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






40. Liability without proving to be at fault.






41. 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.






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






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






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






45. Arbitration - Mediation.






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






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






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






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






50. 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.