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






2. Court can file lean on persons property.






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






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






5. Liability without proving to be at fault.






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






7. 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.






8. 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






9. 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.






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






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






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






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






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






15. Tort defending against spoken defamation of persons.






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






17. Time - Place - and Manner






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






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






20. 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.






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






22. Intentional; negligence - strict liability






23. 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'






24. 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.






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






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






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






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






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






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






31. 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.






32. 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'






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






34. 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.






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






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






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






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






39. Arbitration - Mediation.






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






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






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






43. 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.






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. Felony; Misdemeanor






46. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






49. 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).






50. 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.