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






2. 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.






3. 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.






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






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






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






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






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






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






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






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






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






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






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






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






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






18. Arbitration - Mediation.






19. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






20. 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.






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






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






23. 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.






24. Life estate measured on someone elses natural life.






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






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






27. 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.






28. 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






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






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






31. Citizenship Rights






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






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






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






35. Felony; Misdemeanor






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






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






38. 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.






39. 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.






40. 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.






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






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






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






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






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






46. 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.






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






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






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






50. 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.