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Test your basic knowledge |
Business Law Vocab - 2
Start Test
Study First
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 defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
breach of duty
letters of intent
Intermediate scrutiny
RICO
2. Trial Court
element 2 of a negligence lawsuit
Federal District Court
crime burden of proof
conversion
3. Proposed statutes - submitted to Congress or a legislature
Negligence per se
Bill
Separation of powers
Henry DeBracton
4. 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.
negligent hiring
Defamation
John Locke
Conference committee
5. Malicious use of fire or explosives to damage or destroy real estate or property
Step three in filing a civil law suit
Mail Fraud
Arson
express contract
6. Type of business crime; the fraudulent conversion of property already in the defendants posession.
Step one in filing a civil law suit
embezzlement
element 5 of a negligence lawsuit
misdemeanor
7. A less serious crime often punishable by less than one year in prison
misdemeanor
Step four in filing a civil law suit
mirror image rule
RICO
8. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
John Locke
Style of a Case
Incorporation clause
Commercial Exploitation
9. James Madison - 1789
intentional tort
The primary drafter of the constitution
Holding
The job of the Rules Committee
10. Common law rule; acceptance must be made on the same terms as the offer
Step four in filing a civil law suit
misdemeanor
Filibuster
mirror image rule
11. Language added to a court's opinion that is beyond what is needed; extra words offered as guidance
Dicta
regulation of interstate commerce
Negligence
Fraud
12. Wrote 'On the Laws and Customs of England'
Defamation
Statute
Incorporation clause
Henry DeBracton
13. A law passed by a legislative body
Number of judges on the panel in the Court of Appeals
false imprisonment
Statute
Incorporation clause
14. A party may ask the court to order an examination to find out if physical or mental damage is relevant
Strict scrutiny
Physical and Mental examination
Total circuits in the court of appeals
Shire Reeves
15. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
Number of judges on the panel in the Court of Appeals
regulation of interstate commerce
uniform commercial code
Step one in filing a civil law suit
16. Three.
Number of judges on the panel in the Court of Appeals
Negligence and strict liability
Collective Responsibility
lible
17. Type of intentional tort (and crime); injuring someone by deliberate deception
Fraud
expiration
regulation of interstate commerce
attractive nuisance
18. If the proceedings of a business occur intrastate but will eventually effect proceedings interstate - this rule states that congress may interfere
Substantial effect rule
invitee
Step two in filing a civil law suit
Mail box rule
19. Written questions that the opposing party must answer in writing under oath
Mail Fraud
conversion(2)
Interrogatories
element 3 of a negligence lawsuit
20. Business tort; using someones likeness or voice without their permission.
Commercial Exploitation
express contract
Federalism
entrapment
21. Pretrial motions; motions for a summary judgement; asks the court to resolve a lawsuit before it goes to trial
element 5 of a negligence lawsuit
John Locke
Equal Protection Clause
Step three in filing a civil law suit
22. Each side may ask the other side to produce relevant documents for inspection and copying.
When a bill is introduced to the house of representatives it must have a...
express contract
fourth amendment
Request of production of documents and things
23. Type of intentional tort; the intentional touching of an individual in a way that is unwarranted or offensive
battery
lible
What is not protected under the first amendment
Writ of Certiorari
24. If the plaintiff is even slightly negligent he/she recovers nothing
eighth amendment
entrapment
Contributory Negligence
Year when 'On the Laws and Customs of England' was written
25. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
strict liability
crime burden of proof
Malice
Number of Justices in the Supreme Court?
26. The facts imply that the defendants negligence caused the act; 'the thing speaks for itself'
Holding
Ethics
mens rea
Res ipsa loquitor
27. Type of business crime; the trespassing taking of personal property with intent to steal it. defendant never had the right to have said property in posession
larceny
Conference committee
regulation of interstate commerce
Pocket Veto
28. The party filing the appeal
Style of a Case
Administrative Law
Appellant
Contributory Negligence
29. Collected taxes and helped keep the peace in tenth century England. Equivalent to a modern day Sheriff.
After a bill enters the house of rep or senate - it goes where...
Shire Reeves
First Woman Justice
agreement
30. Binding; an offeror cannot withdraw
quasi contract
Significance of 'On the Laws and Customs of England'
Mail box rule
letters of intent
31. Reasoning court gives for the holding
false imprisonment
Two types of dispute resolution
Rationale
Arbitration
32. Type of defense; the defendant is incapable of forming mens rea
Style of a Case
insanity
Step two in filing a civil law suit
Pocket Veto
33. FCC (Federal Communications Commission)
Negligence per se
Substantial effect rule
Who regulates commercial speech
What Freedom of speech includes
34. Complaint and summons are served to defendant; answer is provided within 30 days
Two types of dispute resolution
Contributory Negligence
slander
Step one in filing a civil law suit
35. A plaintiff may generally recover even if he/she is partially negligible
Qualifications for defamation
Comparative Fault
Bystander's obligation means...
Step two in filing a civil law suit
36. (1)statement (2)falseness (3)communicated (4)injury
misdemeanor
First Woman Justice
counter offer
Qualifications for defamation
37. Section of the fourteenth amendment where courts must provide equal protection to all cases based on scrutiny
Administrative Law
Equal Protection Clause
first amendment
To prove injury the defamation must show...
38. The documents that begin a lawsuit: consists of the complaint - answer and sometimes a reply
Mail box rule
Wire Fraud
Pleadings
promissory estoppel
39. The opinion of Judges who agree with the holding - but for different reasons.
Concurring Opinion
Depositions
counter offer
Common Law
40. For the defendant to be liable - the type of harm must have been reasonably forseeable.
precedent
forseeable harm
Collective Responsibility
fourth requirement of a contract
41. Judges are obligated to follow precedent
Henry DeBracton
Stare Decisis
trespass
Pocket Veto
42. Presiding officer (senator)
French social commentator and political thinker who created the Separation of Powers theory
fifth amendment
Henry DeBracton
when a bill is introduced to the Sentate is must have...
43. 1250
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44. Trial.
Step four in filing a civil law suit
Pocket Veto
Ethics
strict liability
45. Allows the FBI to surveillance citizens with out a search warrant from a judge
Patriot Act
felony
For a bill to pass...
How Federal Law has jurisdiction in a lawsuit
46. Capacity; the parties must be adults and mentally competent
Minimal scrutiny
Medicare fraud
insanity
fourth requirement of a contract
47. The introduction of a neutral third party in resolving a dispute; issues a binding decision.
Arbitration
John Locke
Collective Responsibility
Insurance Fraud
48. Faking car accidents and injury in order to gain a settlement
second requirement of a contract
counter offer
Ethics
Insurance Fraud
49. Guilty beyond a reasonable doubt
crime burden of proof
Negligence and strict liability
Step two in filing a civil law suit
For a bill to pass...
50. 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
entrapment
when a bill is introduced to the Sentate is must have...
Common Law
RICO