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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. If the plaintiff is even slightly negligent he/she recovers nothing
Total circuits in the court of appeals
Contributory Negligence
intentional tort
Insurance Fraud
2. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
Bystander's obligation means...
Incorporation clause
Dissenting Opinion
promissory estoppel
3. A court will imply by conduct that there was an agreement between two parties
agreement
implied contract
negligent hiring
Bystander's obligation means...
4. Complaint and summons are served to defendant; answer is provided within 30 days
For a bill to pass...
Step one in filing a civil law suit
Number of Justices in the Supreme Court?
fourth amendment
5. States who is suing who. Identifies parties.
implied contract
intrusion
coercion
Style of a Case
6. The facts imply that the defendants negligence caused the act; 'the thing speaks for itself'
Res ipsa loquitor
To prove injury the defamation must show...
embezzlement
Patriot Act
7. Type of tort; taking someone elses property without consent.
The percentage vote to pass a bill
conversion
lible
tort
8. Defamation - obscenity - speech that creates danger
actus reus
Number of judges on the panel in the Court of Appeals
Two types of dispute resolution
What is not protected under the first amendment
9. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
Malice
lible
revocation
conversion
10. Presiding officer (senator)
Interrogatories
tort
The job of the Rules Committee
when a bill is introduced to the Sentate is must have...
11. To a committee to be studied; and then debated and voted upon; this is where new amendments can be added.
After a bill enters the house of rep or senate - it goes where...
operation of law
Common Law
Takings clause
12. Sponsor.
Insurance Fraud
When a bill is introduced to the house of representatives it must have a...
Federal District Court
Collective Responsibility
13. Twelve.
Total circuits in the court of appeals
element 3 of a negligence lawsuit
forseeable harm
The primary drafter of the constitution
14. Type of defense; the defendant is incapable of forming mens rea
Tortious interference with a contract
attractive nuisance
insanity
Pleadings
15. Bottom Line answer
Common Law
When a bill is introduced to the house of representatives it must have a...
Holding
John Locke
16. FCC (Federal Communications Commission)
In the senate - after the bill leave committee it travels to...
Who regulates commercial speech
After the bill is released from committees in the two houses - it goes...
Statute
17. A less serious crime often punishable by less than one year in prison
false imprisonment
misdemeanor
sixth amendment
tort
18. The opinion of Judges who agree with the holding - but for different reasons.
Concurring Opinion
element 3 of a negligence lawsuit
Henry DeBracton
Dissenting Opinion
19. Discovery phase: chance for the party to learn about its opponent.
Takings clause
Step two in filing a civil law suit
fourth amendment
Depositions
20. Factual case
misdemeanor
Interrogatories
element 3 of a negligence lawsuit
larceny
21. Pretrial motions; motions for a summary judgement; asks the court to resolve a lawsuit before it goes to trial
Step three in filing a civil law suit
To prove injury the defamation must show...
Federal District Court
larceny
22. To the conference committee
embezzlement
After the bill is released from committees in the two houses - it goes...
tort
actus reus
23. Forbidding a law to be passed
larceny
quasi contract
Veto
The percentage vote to pass a bill
24. The obligation to decide current cases based on previous rulings.
precedent
tort
conversion(2)
first requirement of a contract
25. Reference code; label for looking the case up
Citation
precedent
Intermediate scrutiny
eighth amendment
26. Right to an attorney when facing a prison sentence
slander
Substantial effect rule
Res ipsa loquitor
sixth amendment
27. (1)misrepresentation (2)concealment with the intent to take advantage of someone; deception of a person for the purpose of obtaining money or property
Arson
Significance of 'On the Laws and Customs of England'
letters of intent
Fraud
28. No self incrimination / due process (miranda warnings)
mirror image rule
fifth amendment
Number of Justices in the Supreme Court?
Procedural due process
29. Judges who disagree with the majority holding; states their opposing opinion
Current Chief Justice
Federal District Court
Negligence
Dissenting Opinion
30. The floor/leadership - where it is debated upon with no time limit.
Takings clause
In the senate - after the bill leave committee it travels to...
Appellant
Voir Dire
31. They set time limits for debate - decide how fast the law should be deliberated and when the bill goes to the floor for debate.
The job of the Rules Committee
What section of the Constitution grants congress it's powers?
Concurring Opinion
fifth amendment
32. Common law rule; acceptance must be made on the same terms as the offer
The percentage vote to pass a bill
mirror image rule
Concurring Opinion
Holding
33. 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 liability
The job of the Rules Committee
Strict scrutiny
How Federal Law has jurisdiction in a lawsuit
34. Faking car accidents and injury in order to gain a settlement
Administrative Law
Insurance Fraud
embezzlement
Separation of powers
35. No unreasonable searches or seizures
element 1 of a negligence lawsuit
first requirement of a contract
Step four in filing a civil law suit
fourth amendment
36. Establishes the idea precendent
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37. Fraud using electronic communications of any kind;
Wire Fraud
Negligence
intrusion
How Federal Law has jurisdiction in a lawsuit
38. Using false statements or bribes to obtain medicare payments from the federal or state government
Medicare fraud
Ethics
attractive nuisance
Dissenting Opinion
39. Cruel and unusual punishment
eighth amendment
Bill of Right
Step one in filing a civil law suit
sixth amendment
40. There is no intention to a contract but the plaintiff gives some benefit to the defendant who knows the plaintiff expects compensation. it would be unjust not to award the damages.
quasi contract
Fraud
Strict scrutiny
Writ of Certiorari
41. Gender related; such laws must be substantially related to important government objectives. (gov't cant discriminate based on gender through the law making process)
Negligence per se
Medicare fraud
invitee
Intermediate scrutiny
42. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
The percentage vote to pass a bill
Common Law
regulation of interstate commerce
promissory estoppel
43. An offered can be terminated anytime before the offer has been accepted.
implied contract
revocation
licensee
Legal Issue Presented
44. Due process or the right to a hearing
fifth amendment
misdemeanor
Dissenting Opinion
forseeable harm
45. Trial Court
French social commentator and political thinker who created the Separation of Powers theory
The percentage vote to pass a bill
Federal District Court
Filibuster
46. A tithing of 10 men put together to hold each other accountable. Anglo-saxon method of keeping the peace.
Collective Responsibility
What Freedom of speech includes
element 5 of a negligence lawsuit
Arbitration
47. 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
Supremacy clause
RICO
tort
French social commentator and political thinker who created the Separation of Powers theory
48. Business tort; defendant improperly breached contract and causes injury to plaintiff
negligent hiring
Dissenting Opinion
letters of intent
Tortious interference with a contract
49. The sharing of powers between levels of government
Federalism
Collective Responsibility
After the bill is released from committees in the two houses - it goes...
element 5 of a negligence lawsuit
50. 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.
Conference committee
Fraud
Step four in filing a civil law suit
insanity