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






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






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






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






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






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






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






8. 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.






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






10. 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.






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






12. Felony; Misdemeanor






13. 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.






14. 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






15. 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.






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. 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.






18. 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).






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






20. 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.






21. Citizenship Rights






22. Intentional; negligence - strict liability






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






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






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






26. Life estate measured on someone elses natural life.






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






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






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






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






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






32. Liability without proving to be at fault.






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






34. 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.






35. 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.






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






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






38. Time - Place - and Manner






39. 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'






40. 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.






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






42. 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.






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






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






45. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






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






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






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






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






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