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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. 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.






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






3. 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.






4. 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'






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






6. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






7. Court can file lean on persons property.






8. Tort defending against spoken defamation of persons.






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






10. 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.






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






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






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. Right against unreasonable search and seizure(probable cause)






15. 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.






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






17. Arbitration - Mediation.






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






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






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






21. 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.






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






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






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






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






26. 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).






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






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






29. 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.






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






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






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






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






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






35. 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.






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






37. 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.






38. 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.






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






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






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






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






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






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






47. 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.






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






49. Life estate measured on someone elses natural life.






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