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






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






3. 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.






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






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






6. 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.






7. Intentional; negligence - strict liability






8. 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'






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






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






11. Court can file lean on persons property.






12. 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.






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






14. Liability without proving to be at fault.






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






16. 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.






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






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






19. 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.






20. Arbitration - Mediation.






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






22. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the 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. Bill Of Rights protection against self-incarceration and just compensation






25. 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.






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






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






28. 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'






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






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






31. 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.






32. 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.






33. 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.






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






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






36. Felony; Misdemeanor






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






38. 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).






39. 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.






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






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






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






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






44. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






49. 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.






50. Life estate measured on someone elses natural life.