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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. 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.






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






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






4. 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.






5. 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).






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






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






8. 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.






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






10. 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.






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






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






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






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






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






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






17. Felony; Misdemeanor






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






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






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






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






22. Time - Place - and Manner






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






24. 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.






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






26. Citizenship Rights






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






28. 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.






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






30. 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.






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






32. Liability without proving to be at fault.






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






34. Arbitration - Mediation.






35. 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'






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






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






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






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






40. 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.






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






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






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






44. 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.






45. 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






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






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






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






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






50. Court can file lean on persons property.