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






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






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






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






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






6. 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.






7. 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.






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






9. 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.






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






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






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






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






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






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






16. Tort defending against spoken defamation of persons.






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






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






19. 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.






20. 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.






21. 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'






22. Time - Place - and Manner






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






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






25. Intentional; negligence - strict liability






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






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






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






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






30. Arbitration - Mediation.






31. Life estate measured on someone elses natural life.






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






34. Citizenship Rights






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






36. Liability without proving to be at fault.






37. 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'






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






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






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






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






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






43. Court can file lean on persons property.






44. 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.






45. 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.






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






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






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






50. 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).