Test your basic knowledge |

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. 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.






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






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






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






5. Life estate measured on someone elses natural life.






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






7. 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.






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






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






11. 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'






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






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






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






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






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






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






19. 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.






20. Citizenship Rights






21. 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).






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






23. Tort defending against spoken defamation of persons.






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






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






26. 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'






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






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






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






30. Arbitration - Mediation.






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






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






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






34. 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.






35. Time - Place - and Manner






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






37. 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.






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






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






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






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. 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.






43. 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.






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. Liability without proving to be at fault.






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. Intentional; negligence - strict liability






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






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






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