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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. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
Supremacy clause
Malice
negligent hiring
Appellee
2. Trial Court
element 4 of a negligence lawsuit
Mediation
Federal District Court
Minimal scrutiny
3. FCC (Federal Communications Commission)
Collective Responsibility
element 2 of a negligence lawsuit
Who regulates commercial speech
Holding
4. 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
How Federal Law has jurisdiction in a lawsuit
Separation of powers
Writ of Certiorari
5. Language added to a court's opinion that is beyond what is needed; extra words offered as guidance
Filibuster
Voir Dire
Dicta
counter offer
6. A court will imply by conduct that there was an agreement between two parties
Substantial effect rule
implied contract
lible
Takings clause
7. (1)statement (2)falseness (3)communicated (4)injury
Veto
fourth requirement of a contract
Number of Justices in the Supreme Court?
Qualifications for defamation
8. Type of business crime; taking or using someones property
Administrative Law
conversion(2)
trespass
third requirement of a contract
9. Guilty beyond a reasonable doubt
Pocket Veto
insanity
crime burden of proof
misdemeanor
10. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
regulation of interstate commerce
sixth amendment
Patriot Act
second requirement of a contract
11. Judges who disagree with the majority holding; states their opposing opinion
Common Law
invitee
Significance of 'On the Laws and Customs of England'
Dissenting Opinion
12. The opinion of Judges who agree with the holding - but for different reasons.
Concurring Opinion
Assumption of the risk
uniform commercial code
you cannot revoke an offer...
13. Preponderance of the evidence
To prove injury the defamation must show...
In a lawsuit attorneys have a burden of proof that shows liability by
fourth requirement of a contract
rejection
14. Cruel and unusual punishment
Qualifications for defamation
Supremacy clause
eighth amendment
assault
15. Capacity; the parties must be adults and mentally competent
Defamation
fourth requirement of a contract
crime burden of proof
Citation
16. 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
intentional tort
breach of duty
revocation
RICO
17. A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
Ethics
breach of duty
Strict scrutiny
fifth amendment
18. A person who is on your property with your permission; you owe them a higher duty of due care to warn of known dangers
Concurring Opinion
Appellee
regulation of interstate commerce
licensee
19. Proposed statutes - submitted to Congress or a legislature
Strict scrutiny
Mail box rule
express contract
Bill
20. Wrote 'On the Laws and Customs of England'
Henry DeBracton
first amendment
larceny
Mail box rule
21. Each side may ask the other side to produce relevant documents for inspection and copying.
assault
Request of production of documents and things
The percentage vote to pass a bill
when a bill is introduced to the Sentate is must have...
22. The party filing the appeal
mens rea
Appellant
Physical and Mental examination
Mediation
23. Someone on the property by right of a public place. highest duty of due care is owed to avoid negligence
eighth amendment
felony
invitee
insanity
24. Article I - Section 8
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25. Type of intent to be proved; means the guilty act
actus reus
Negligence per se
first amendment
Style of a Case
26. Thurgood Marshall
First African American Justice
coercion
What Freedom of speech includes
precedent
27. The party opposing the appeal
letters of intent
Appellee
What section of the Constitution grants congress it's powers?
The percentage vote to pass a bill
28. A violation of a duty imposed by a civil law.
Fraud
tort
intentional tort
forseeable harm
29. States who is suing who. Identifies parties.
Who regulates commercial speech
Style of a Case
To prove injury the defamation must show...
agreement
30. Forseeable harm
element 4 of a negligence lawsuit
In the senate - after the bill leave committee it travels to...
Mediation
operation of law
31. Allows the FBI to surveillance citizens with out a search warrant from a judge
Intermediate scrutiny
Significance of 'On the Laws and Customs of England'
Qualifications for defamation
Patriot Act
32. A company becomes liable if they do not perform a background check
For a bill to pass...
Insurance Fraud
element 2 of a negligence lawsuit
negligent hiring
33. Judges are obligated to follow precedent
Conference committee
Fraud
fifth amendment
Stare Decisis
34. Defamation - obscenity - speech that creates danger
Qualifications for defamation
eighth amendment
Henry DeBracton
What is not protected under the first amendment
35. No self incrimination / due process (miranda warnings)
fifth amendment
Henry DeBracton
The primary drafter of the constitution
coercion
36. Items such as trampolines and swimming pools; defendant is liable if there is no protection
attractive nuisance
Defamation
Substantial effect rule
Contributory Negligence
37. Judge made law
third requirement of a contract
Common Law
fifth amendment
actus reus
38. Lack of opinion - malice as to public figures - negligence to private individuals
To prove injury the defamation must show...
The job of the Rules Committee
Appellee
Mail Fraud
39. The legal doctrine whereby an act is considered negligent because it violates a statute (or regulation)
you cannot revoke an offer...
Negligence per se
precedent
first amendment
40. Unintentional tort - breach of a duty of care
Negligence
Bill
Citation
Takings clause
41. Three.
The last step of a bill in the House of representatives is...
Number of judges on the panel in the Court of Appeals
forseeable harm
Federal District Court
42. 1250
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43. Complaint and summons are served to defendant; answer is provided within 30 days
Step one in filing a civil law suit
Arson
Rationale
Style of a Case
44. Harm caused by a deliberate action
Negligence per se
intentional tort
Step four in filing a civil law suit
crime burden of proof
45. Factual case
element 3 of a negligence lawsuit
For a bill to pass...
battery
revocation
46. A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results
strict liability
Veto
Step four in filing a civil law suit
Federalism
47. A less serious crime often punishable by less than one year in prison
licensee
Malice
First Woman Justice
misdemeanor
48. Discovery phase: chance for the party to learn about its opponent.
Negligence per se
licensee
Step two in filing a civil law suit
Negligence and strict liability
49. Right to an attorney when facing a prison sentence
The primary drafter of the constitution
Mail Fraud
In the house of representatives - after a bill has left the first committee - it travels to...
sixth amendment
50. (1)misrepresentation (2)concealment with the intent to take advantage of someone; deception of a person for the purpose of obtaining money or property
Medicare fraud
What section of the Constitution grants congress it's powers?
mens rea
Fraud
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