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Test your basic knowledge |
Business Law Vocab - 2
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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. A violation of a duty imposed by a civil law.
French social commentator and political thinker who created the Separation of Powers theory
Common Law
tort
The primary drafter of the constitution
2. Type of defense; the defendant is incapable of forming mens rea
insanity
Bill
Insurance Fraud
Federalism
3. A law passed by a legislative body
Step one in filing a civil law suit
Statute
fifth amendment
crime burden of proof
4. Establishes the idea precendent
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5. Items such as trampolines and swimming pools; defendant is liable if there is no protection
revocation
element 4 of a negligence lawsuit
attractive nuisance
Filibuster
6. Sponsor.
When a bill is introduced to the house of representatives it must have a...
Pocket Veto
To prove injury the defamation must show...
Ethics
7. Race - ethincity and fundamental rights; Any government action that intentionally discriminates against racial or ethnic minorities or interferes with a fundamental right is presumed invalid.
Strict scrutiny
Dissenting Opinion
Collective Responsibility
fifth amendment
8. Consists of two members of the House of Representatives and two members of the senate; they try to compromise between two edited versions of a bill to make it equal.
Substantial effect rule
Separation of powers
Conference committee
Request of production of documents and things
9. Capacity; the parties must be adults and mentally competent
fourth requirement of a contract
Arson
Collective Responsibility
express contract
10. Majority
Federalism
The percentage vote to pass a bill
French social commentator and political thinker who created the Separation of Powers theory
Federal District Court
11. Injury
French social commentator and political thinker who created the Separation of Powers theory
element 3 of a negligence lawsuit
misdemeanor
element 5 of a negligence lawsuit
12. Judges who disagree with the majority holding; states their opposing opinion
Request of production of documents and things
Rationale
Dissenting Opinion
For a bill to pass...
13. There is an established duty of due care
element 1 of a negligence lawsuit
What is not protected under the first amendment
first requirement of a contract
fourth amendment
14. Unintentional tort - breach of a duty of care
Style of a Case
Medicare fraud
negligent retention
Negligence
15. Three.
Number of judges on the panel in the Court of Appeals
The percentage vote to pass a bill
invitee
Litigation
16. Trial Court
Federal District Court
Common Law
In a lawsuit attorneys have a burden of proof that shows liability by
letters of intent
17. If the proceedings of a business occur intrastate but will eventually effect proceedings interstate - this rule states that congress may interfere
Substantial effect rule
When a bill is introduced to the house of representatives it must have a...
conversion(2)
Negligence per se
18. Forseeable harm
element 4 of a negligence lawsuit
Strict scrutiny
Commercial Exploitation
actus reus
19. Gender related; such laws must be substantially related to important government objectives. (gov't cant discriminate based on gender through the law making process)
Citation
Intermediate scrutiny
The percentage vote to pass a bill
licensee
20. Type of intent to be proved; means the guilty act
actus reus
Concurring Opinion
crime burden of proof
Assumption of the risk
21. Talking trash
Pleadings
conversion
Defamation
Writ of Certiorari
22. A contract put in writing laying out all of the terms
express contract
Common Law
Medicare fraud
Pocket Veto
23. Fraud using electronic communications of any kind;
Wire Fraud
Statute
element 5 of a negligence lawsuit
Step three in filing a civil law suit
24. Complaint and summons are served to defendant; answer is provided within 30 days
Step one in filing a civil law suit
Appellant
Mail Fraud
Writ of Certiorari
25. There was a breach of due care
Number of judges on the panel in the Court of Appeals
when a bill is introduced to the Sentate is must have...
embezzlement
element 2 of a negligence lawsuit
26. The process of one party's lawyer to question the other party or a potential witness under oath.
Step four in filing a civil law suit
Appellant
Depositions
Dicta
27. Section of the fourteenth amendment where courts must provide equal protection to all cases based on scrutiny
insanity
Negligence and strict liability
In the senate - after the bill leave committee it travels to...
Equal Protection Clause
28. First 10 amendments of the constitution; Compromise between federalist and antifederalists; Protects natural rights of liberty and property
Qualifications for defamation
RICO
Bill of Right
Common Law
29. Using two or more racketeering acts to accomplish any of the following goals: (1) investing or acquiring legitimate businesses with criminal money (2)maintaining or acquiring businesses through criminal activity
The job of the Rules Committee
agreement
RICO
When a bill is introduced to the house of representatives it must have a...
30. Termination when the offeror dies or the physical contract is destroyed
Shire Reeves
operation of law
Total circuits in the court of appeals
To prove injury the defamation must show...
31. Proposed statutes - submitted to Congress or a legislature
Bill
Strict scrutiny
Who regulates commercial speech
How Federal Law has jurisdiction in a lawsuit
32. Common law rule; acceptance must be made on the same terms as the offer
mirror image rule
invitee
element 5 of a negligence lawsuit
you cannot revoke an offer...
33. Right to an attorney when facing a prison sentence
counter offer
sixth amendment
The primary drafter of the constitution
assault
34. Type of tort; taking someone elses property without consent.
conversion
negligent retention
Henry DeBracton
Negligence and strict liability
35. The facts imply that the defendants negligence caused the act; 'the thing speaks for itself'
Res ipsa loquitor
Minimal scrutiny
Statute
intentional tort
36. Aka imminent domain; government cant take a persons land unless they prove it will be used for a public purpose and provide proper compensation.
Stare Decisis
Common Law
Takings clause
Interrogatories
37. The sharing of powers between levels of government
Federalism
To prove injury the defamation must show...
Citation
Step four in filing a civil law suit
38. Thurgood Marshall
Collective Responsibility
letters of intent
First African American Justice
After the bill is released from committees in the two houses - it goes...
39. 1250
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40. Consideration; the bargaining that leads to a deal
larceny
Strict scrutiny
Pocket Veto
second requirement of a contract
41. Law made by federal agencies; rules and regulations
Number of Justices in the Supreme Court?
Administrative Law
Patriot Act
What section of the Constitution grants congress it's powers?
42. The study of how people ought to act; does not always mean legal.
Ethics
What Freedom of speech includes
Physical and Mental examination
Incorporation clause
43. FCC (Federal Communications Commission)
expiration
negligent hiring
slander
Who regulates commercial speech
44. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
Incorporation clause
Common Law
intentional tort
element 4 of a negligence lawsuit
45. Preponderance of the evidence
Who regulates commercial speech
In a lawsuit attorneys have a burden of proof that shows liability by
third requirement of a contract
Ethics
46. Allows the FBI to surveillance citizens with out a search warrant from a judge
Patriot Act
Step four in filing a civil law suit
Interrogatories
second requirement of a contract
47. Refers to lawsuits; the process of filing claims to courts
false imprisonment
French social commentator and political thinker who created the Separation of Powers theory
fourth requirement of a contract
Litigation
48. 2/3 vote
In the senate - after the bill leave committee it travels to...
How much of a majority is it to override a presidents veto
battery
Veto
49. (1)statement (2)falseness (3)communicated (4)injury
The primary drafter of the constitution
invitee
In the house of representatives - after a bill has left the first committee - it travels to...
Qualifications for defamation
50. A party may ask the court to order an examination to find out if physical or mental damage is relevant
Filibuster
Strict scrutiny
attractive nuisance
Physical and Mental examination
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