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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. Gender related; such laws must be substantially related to important government objectives. (gov't cant discriminate based on gender through the law making process)
Contributory Negligence
When a bill is introduced to the house of representatives it must have a...
express contract
Intermediate scrutiny
2. Fraud using electronic communications of any kind;
first requirement of a contract
agreement
Wire Fraud
Patriot Act
3. The party opposing the appeal
first requirement of a contract
Appellee
Conference committee
Litigation
4. Wrote 'On the Laws and Customs of England'
entrapment
Mail box rule
Henry DeBracton
French social commentator and political thinker who created the Separation of Powers theory
5. The facts imply that the defendants negligence caused the act; 'the thing speaks for itself'
The percentage vote to pass a bill
intrusion
Res ipsa loquitor
first requirement of a contract
6. The floor/leadership - where it is debated upon with no time limit.
Commercial Exploitation
What is not protected under the first amendment
In the senate - after the bill leave committee it travels to...
mens rea
7. A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
The last step of a bill in the House of representatives is...
Pocket Veto
Patriot Act
breach of duty
8. Harm caused by a deliberate action
What section of the Constitution grants congress it's powers?
Appellant
Dicta
intentional tort
9. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
Assumption of the risk
Malice
Fraud
Bystander's obligation means...
10. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
Writ of Certiorari
Dicta
forseeable harm
Incorporation clause
11. No self incrimination / due process (miranda warnings)
Dicta
embezzlement
fifth amendment
trespass
12. Preponderance of the evidence
agreement
In a lawsuit attorneys have a burden of proof that shows liability by
When a bill is introduced to the house of representatives it must have a...
fifth amendment
13. System of checks and balances within the federal government
Fraud
Request of production of documents and things
The primary drafter of the constitution
Separation of powers
14. Type of intent to be proved; means a guilty state of mind
mens rea
battery
Separation of powers
Step two in filing a civil law suit
15. 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.
French social commentator and political thinker who created the Separation of Powers theory
Step two in filing a civil law suit
Conference committee
fourth requirement of a contract
16. To a committee to be studied; and then debated and voted upon; this is where new amendments can be added.
Equal Protection Clause
Pleadings
After a bill enters the house of rep or senate - it goes where...
French social commentator and political thinker who created the Separation of Powers theory
17. Requires a meeting of the minds
second requirement of a contract
Fraud
Writ of Certiorari
agreement
18. Arbitration and Mediation
Tortious interference with a contract
Appellee
Two types of dispute resolution
Concurring Opinion
19. Lack of opinion - malice as to public figures - negligence to private individuals
To prove injury the defamation must show...
quasi contract
operation of law
Year when 'On the Laws and Customs of England' was written
20. Agreement (offer and acceptance)
first requirement of a contract
fifth amendment
element 4 of a negligence lawsuit
embezzlement
21. Bottom Line answer
operation of law
Equal Protection Clause
Holding
fifth amendment
22. Judges who disagree with the majority holding; states their opposing opinion
Procedural due process
Dissenting Opinion
mirror image rule
Qualifications for defamation
23. Legality; the subject matter must be legal
What is not protected under the first amendment
third requirement of a contract
The job of the Rules Committee
What Freedom of speech includes
24. The opinion of Judges who agree with the holding - but for different reasons.
invitee
insanity
Concurring Opinion
First Woman Justice
25. A law passed by a legislative body
Separation of powers
Style of a Case
Statute
Step three in filing a civil law suit
26. Injuries caused by neglect and oversight rather than deliberate conduct.
rejection
Holding
Contributory Negligence
Negligence and strict liability
27. FCC (Federal Communications Commission)
Filibuster
Statute
Who regulates commercial speech
Number of Justices in the Supreme Court?
28. Business tort; using someones likeness or voice without their permission.
attractive nuisance
Commercial Exploitation
The percentage vote to pass a bill
Litigation
29. Type of business crime; the fraudulent conversion of property already in the defendants posession.
expiration
embezzlement
In a lawsuit attorneys have a burden of proof that shows liability by
When a bill is introduced to the house of representatives it must have a...
30. A tithing of 10 men put together to hold each other accountable. Anglo-saxon method of keeping the peace.
fifth amendment
Collective Responsibility
precedent
The last step of a bill in the House of representatives is...
31. Defamation - obscenity - speech that creates danger
Defamation
Common Law
What is not protected under the first amendment
expiration
32. Judge made law
Writ of Certiorari
Common Law
Physical and Mental examination
Medicare fraud
33. The party filing the appeal
Bill
Appellant
How much of a majority is it to override a presidents veto
Takings clause
34. An act of a senate member to delay the close of debate or force a decision to be made.
Pocket Veto
Arbitration
element 3 of a negligence lawsuit
Filibuster
35. Proposed statutes - submitted to Congress or a legislature
Malice
Rationale
Bill
Request of production of documents and things
36. Baron Montesquieu
In a lawsuit attorneys have a burden of proof that shows liability by
Minimal scrutiny
mirror image rule
French social commentator and political thinker who created the Separation of Powers theory
37. 2/3 vote
implied contract
letters of intent
How much of a majority is it to override a presidents veto
actus reus
38. A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results
strict liability
First Woman Justice
In the house of representatives - after a bill has left the first committee - it travels to...
For a bill to pass...
39. The introduction of a neutral third party in resolving a dispute; issues a binding decision.
RICO
express contract
Two types of dispute resolution
Arbitration
40. A subtype of rejection
negligent retention
Writ of Certiorari
embezzlement
counter offer
41. Type of defense; the practice of forcing another party to behave in an involuntary manner (whether through action or inaction) by use of threats or rewards
Separation of powers
entrapment
coercion
Two types of dispute resolution
42. Complaint and summons are served to defendant; answer is provided within 30 days
Step one in filing a civil law suit
Takings clause
After the bill is released from committees in the two houses - it goes...
First Woman Justice
43. The legal doctrine whereby an act is considered negligent because it violates a statute (or regulation)
licensee
The primary drafter of the constitution
insanity
Negligence per se
44. Reference code; label for looking the case up
breach of duty
The last step of a bill in the House of representatives is...
Citation
Veto
45. To the conference committee
In a lawsuit attorneys have a burden of proof that shows liability by
element 4 of a negligence lawsuit
After the bill is released from committees in the two houses - it goes...
Mail Fraud
46. Establishes the idea precendent
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47. Majority
Assumption of the risk
insanity
The percentage vote to pass a bill
In the house of representatives - after a bill has left the first committee - it travels to...
48. Forseeable harm
French social commentator and political thinker who created the Separation of Powers theory
element 4 of a negligence lawsuit
quasi contract
implied contract
49. Due process or the right to a hearing
mens rea
fifth amendment
Mail Fraud
express contract
50. 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.
misdemeanor
Patriot Act
Number of judges on the panel in the Court of Appeals
quasi contract