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






2. 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.






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






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






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






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






7. 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.






8. Intentional; negligence - strict liability






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






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






11. 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.






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






13. Time - Place - and Manner






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






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






16. 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.






17. Citizenship Rights






18. 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.






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






20. 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'






21. 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.






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






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






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






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






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






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






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






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






32. Life estate measured on someone elses natural life.






33. Arbitration - Mediation.






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






35. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






37. 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.






38. 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






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






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






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






42. Court can file lean on persons property.






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






44. Felony; Misdemeanor






45. 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.






46. 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.






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






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






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






50. Liability without proving to be at fault.