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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. There is an established duty of due care
mens rea
Holding
element 1 of a negligence lawsuit
conversion
2. Freedom of speech.
first amendment
conversion(2)
express contract
Supremacy clause
3. A court will imply by conduct that there was an agreement between two parties
implied contract
Wire Fraud
Appellee
Dissenting Opinion
4. Talking trash
How much of a majority is it to override a presidents veto
Concurring Opinion
Defamation
Year when 'On the Laws and Customs of England' was written
5. The introduction of a neutral third party in resolving a dispute; not a binding decision. Voluntary settlement.
Henry DeBracton
Qualifications for defamation
Mediation
After the bill is released from committees in the two houses - it goes...
6. Complaint and summons are served to defendant; answer is provided within 30 days
insanity
After the bill is released from committees in the two houses - it goes...
larceny
Step one in filing a civil law suit
7. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
Malice
Commercial Exploitation
Administrative Law
Pocket Veto
8. Guilty beyond a reasonable doubt
when a bill is introduced to the Sentate is must have...
Filibuster
crime burden of proof
Arbitration
9. For the defendant to be liable - the type of harm must have been reasonably forseeable.
The job of the Rules Committee
Appellant
forseeable harm
Bill
10. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
Supremacy clause
Incorporation clause
breach of duty
In the senate - after the bill leave committee it travels to...
11. An offered can be terminated anytime before the offer has been accepted.
revocation
first requirement of a contract
Mediation
How Federal Law has jurisdiction in a lawsuit
12. To the president.
Where the bill goes after conference committee
The percentage vote to pass a bill
negligent hiring
when a bill is introduced to the Sentate is must have...
13. Aka imminent domain; government cant take a persons land unless they prove it will be used for a public purpose and provide proper compensation.
Dicta
Takings clause
fourth requirement of a contract
Separation of powers
14. The rules committee where it is put on a calendar.
Dissenting Opinion
Style of a Case
element 2 of a negligence lawsuit
In the house of representatives - after a bill has left the first committee - it travels to...
15. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
strict liability
Concurring Opinion
regulation of interstate commerce
Medicare fraud
16. United States is a party; the case is about a federal statute; the suit is between citizens of two different states and the the amt is over 75 -000
Strict scrutiny
How Federal Law has jurisdiction in a lawsuit
Bystander's obligation means...
Qualifications for defamation
17. Aricle IV section 2 of the constitution that states that the constitution and the united States are the laws of the land. Federal government trumps state law
fifth amendment
element 2 of a negligence lawsuit
Filibuster
Supremacy clause
18. Each side may ask the other side to produce relevant documents for inspection and copying.
Request of production of documents and things
crime burden of proof
element 2 of a negligence lawsuit
Two types of dispute resolution
19. 2/3 vote
RICO
Malice
Ethics
How much of a majority is it to override a presidents veto
20. Unintentional tort - breach of a duty of care
Legal Issue Presented
Negligence and strict liability
felony
Negligence
21. Pretrial motions; motions for a summary judgement; asks the court to resolve a lawsuit before it goes to trial
conversion
Depositions
mirror image rule
Step three in filing a civil law suit
22. Written questions that the opposing party must answer in writing under oath
express contract
conversion
Interrogatories
Res ipsa loquitor
23. Any scheme that attempts to unlawfully obtain money or services illegally through the US postal service
Depositions
element 2 of a negligence lawsuit
coercion
Mail Fraud
24. A letter that summarizes the negotiating progress
letters of intent
Incorporation clause
For a bill to pass...
Patriot Act
25. Proposed statutes - submitted to Congress or a legislature
Bill
Strict scrutiny
Who regulates commercial speech
conversion(2)
26. Lack of opinion - malice as to public figures - negligence to private individuals
Strict scrutiny
Patriot Act
To prove injury the defamation must show...
Filibuster
27. System of checks and balances within the federal government
Who regulates commercial speech
Common Law
Separation of powers
embezzlement
28. The obligation to decide current cases based on previous rulings.
Step one in filing a civil law suit
Common Law
Who regulates commercial speech
precedent
29. Twelve.
Total circuits in the court of appeals
Common Law
Malice
you cannot revoke an offer...
30. Section of the fourteenth amendment where courts must provide equal protection to all cases based on scrutiny
First African American Justice
To prove injury the defamation must show...
Equal Protection Clause
sixth amendment
31. 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
Common Law
Wire Fraud
precedent
32. Judge made law
assault
element 2 of a negligence lawsuit
Comparative Fault
Common Law
33. Cruel and unusual punishment
eighth amendment
battery
Citation
Filibuster
34. Preponderance of the evidence
fourth requirement of a contract
Physical and Mental examination
In a lawsuit attorneys have a burden of proof that shows liability by
operation of law
35. Defamation - obscenity - speech that creates danger
element 3 of a negligence lawsuit
What is not protected under the first amendment
false imprisonment
Collective Responsibility
36. (1)statement (2)falseness (3)communicated (4)injury
Veto
Qualifications for defamation
element 2 of a negligence lawsuit
How much of a majority is it to override a presidents veto
37. Reference code; label for looking the case up
letters of intent
element 1 of a negligence lawsuit
Citation
Holding
38. The legal question that is posed in a case
Contributory Negligence
Legal Issue Presented
John Locke
precedent
39. 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.
Mail Fraud
Negligence and strict liability
element 3 of a negligence lawsuit
Conference committee
40. The introduction of a neutral third party in resolving a dispute; issues a binding decision.
felony
Who regulates commercial speech
The job of the Rules Committee
Arbitration
41. Type of business crime; the fraudulent conversion of property already in the defendants posession.
embezzlement
What section of the Constitution grants congress it's powers?
Takings clause
element 5 of a negligence lawsuit
42. Due process or the right to a hearing
fifth amendment
Mail Fraud
Physical and Mental examination
uniform commercial code
43. Type of intent to be proved; means a guilty state of mind
mens rea
element 2 of a negligence lawsuit
Request of production of documents and things
first amendment
44. Capacity; the parties must be adults and mentally competent
Procedural due process
Strict scrutiny
Dicta
fourth requirement of a contract
45. 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
negligent retention
Veto
RICO
strict liability
46. Injury
quasi contract
Negligence
element 5 of a negligence lawsuit
strict liability
47. John Roberts
Current Chief Justice
fifth amendment
Shire Reeves
coercion
48. Type of intentnional tort; intentionally entering land that belongs to someone else or remaining on land after being asked to leave
Request of production of documents and things
precedent
trespass
sixth amendment
49. The process of one party's lawyer to question the other party or a potential witness under oath.
second requirement of a contract
Depositions
Qualifications for defamation
Veto
50. Punishable by a prison sentence of one year or more
Arbitration
felony
Two types of dispute resolution
invitee