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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. 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.






2. Arbitration - Mediation.






3. 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.






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






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






6. Felony; Misdemeanor






7. Tort defending against spoken defamation of persons.






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






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






10. 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.






11. 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'






12. 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.






13. 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.






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






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






16. 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.






17. 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).






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






19. 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.






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






21. Life estate measured on someone elses natural life.






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






23. 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.






24. 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'






25. 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.






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






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






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






29. 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.






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






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






32. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.






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






34. Citizenship Rights






35. Liability without proving to be at fault.






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






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






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. Right against unreasonable search and seizure(probable cause)






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






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






42. 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.






43. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






47. Court can file lean on persons property.






48. 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.






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






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