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






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






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. 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.






6. 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'






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






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






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






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






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






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






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






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






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






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






17. 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.






18. Intentional; negligence - strict liability






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






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






21. 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.






22. 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.






23. 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.






24. 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.






25. Citizenship Rights






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






27. 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).






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






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






30. 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.






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






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






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






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






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






36. Felony; Misdemeanor






37. Life estate measured on someone elses natural life.






38. Tort defending against spoken defamation of persons.






39. 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.






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






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






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






43. Court can file lean on persons property.






44. 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.






45. 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.






46. Arbitration - Mediation.






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






48. 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.






49. 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.






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