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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. Court can file lean on persons property.






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






3. 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.






4. 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.






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






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






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






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






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






11. 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.






12. Citizenship Rights






13. Intentional; negligence - strict liability






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






15. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






17. 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'






18. 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.






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






20. 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.






21. 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.






22. 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.






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






24. 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.






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






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






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






28. Tort defending against spoken defamation of persons.






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






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






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






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






34. 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.






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






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






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






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






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






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






41. Life estate measured on someone elses natural life.






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






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






44. 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






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






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






47. 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.






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






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






50. Arbitration - Mediation.