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






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






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






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






5. 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.






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






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






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






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






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






13. Court can file lean on persons property.






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






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






16. 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.






17. 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'






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






19. Time - Place - and Manner






20. Citizenship Rights






21. Intentional; negligence - strict liability






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






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






24. 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).






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






26. Liability without proving to be at fault.






27. Life estate measured on someone elses natural life.






28. 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.






29. 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.






30. 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.






31. 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.






32. 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.






33. 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.






34. 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.






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






36. 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'






37. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






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






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






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






45. Tort defending against spoken defamation of persons.






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






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






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






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






50. 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.