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






2. Arbitration - Mediation.






3. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






4. Intentional; negligence - strict liability






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






6. Court can file lean on persons property.






7. 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.






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






9. Citizenship Rights






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






11. 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.






12. Liability without proving to be at fault.






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






14. 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.






15. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.






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






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






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






19. 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'






20. Time - Place - and Manner






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






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






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






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






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






26. 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.






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






28. 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.






29. 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.






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






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






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






33. Tort defending against spoken defamation of persons.






34. 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'






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






36. 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.






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






38. 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.






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






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






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






42. 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.






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






44. 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.






45. 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.






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






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






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






49. 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.






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