Test your basic knowledge |

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. 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.






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






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






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






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






6. 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.






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






8. Time - Place - and Manner






9. 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.






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






11. 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.






12. 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.






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






14. Intentional; negligence - strict liability






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






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






17. Liability without proving to be at fault.






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






19. Felony; Misdemeanor






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






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






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






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






24. 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.






25. Citizenship Rights






26. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






27. Court can file lean on persons property.






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






29. 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.






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






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






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






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






34. 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'






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






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






37. Life estate measured on someone elses natural life.






38. 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.






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






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






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






42. 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.






43. 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.






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






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






46. 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






47. 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'






48. 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.






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






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