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






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






3. Court can file lean on persons property.






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






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






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






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






8. Citizenship Rights






9. 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.






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






11. 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.






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






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






14. 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.






15. 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.






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






17. 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.






18. Time - Place - and Manner






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






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






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






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






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






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






25. 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.






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






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






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






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






30. 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.






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






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






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






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






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






36. 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.






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






38. 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.






39. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






40. 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).






41. Arbitration - Mediation.






42. 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






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






44. Tort defending against spoken defamation of persons.






45. 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'






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






47. 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'






48. Life estate measured on someone elses natural life.






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






50. 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.