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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. Type of intent to be proved; means a guilty state of mind
The job of the Rules Committee
element 4 of a negligence lawsuit
Qualifications for defamation
mens rea
2. The study of how people ought to act; does not always mean legal.
Ethics
Minimal scrutiny
fifth amendment
Mediation
3. A plaintiff may generally recover even if he/she is partially negligible
element 4 of a negligence lawsuit
trespass
Contributory Negligence
Comparative Fault
4. James Madison - 1789
The primary drafter of the constitution
battery
Where the bill goes after conference committee
larceny
5. Forseeable harm
Mail Fraud
To prove injury the defamation must show...
battery
element 4 of a negligence lawsuit
6. (1)misrepresentation (2)concealment with the intent to take advantage of someone; deception of a person for the purpose of obtaining money or property
Collective Responsibility
trespass
Fraud
What is not protected under the first amendment
7. A violation of a duty imposed by a civil law.
Dicta
tort
Rationale
Defamation
8. Pretrial motions; motions for a summary judgement; asks the court to resolve a lawsuit before it goes to trial
Conference committee
Step three in filing a civil law suit
fourth amendment
Federal District Court
9. A law passed by a legislative body
operation of law
Statute
embezzlement
Filibuster
10. Wrote 'On the Laws and Customs of England'
fifth amendment
Henry DeBracton
Step three in filing a civil law suit
When a bill is introduced to the house of representatives it must have a...
11. 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
tort
element 2 of a negligence lawsuit
Significance of 'On the Laws and Customs of England'
12. Agreement (offer and acceptance)
first requirement of a contract
Mediation
In a lawsuit attorneys have a burden of proof that shows liability by
fifth amendment
13. Sponsor.
Mail box rule
promissory estoppel
When a bill is introduced to the house of representatives it must have a...
sixth amendment
14. When there is no contract - but the defendant makes a promise that will induce reliance. it would be unjust not to enforce the promise
promissory estoppel
Appellant
Concurring Opinion
Writ of Certiorari
15. A federal statute that applies to the sale of goods (NOT real estate or services)
Medicare fraud
uniform commercial code
Writ of Certiorari
mirror image rule
16. Attorneys ask jurors a set of questions to determine bias
Step one in filing a civil law suit
quasi contract
Voir Dire
Bill of Right
17. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
operation of law
fourth amendment
regulation of interstate commerce
Shire Reeves
18. For the defendant to be liable - the type of harm must have been reasonably forseeable.
forseeable harm
Arbitration
crime burden of proof
element 1 of a negligence lawsuit
19. Unintentional tort - breach of a duty of care
Federalism
Negligence
trespass
counter offer
20. A court will imply by conduct that there was an agreement between two parties
Dissenting Opinion
negligent retention
implied contract
Bystander's obligation means...
21. Written questions that the opposing party must answer in writing under oath
Writ of Certiorari
tort
Interrogatories
precedent
22. An offered can be terminated anytime before the offer has been accepted.
intentional tort
Stare Decisis
false imprisonment
revocation
23. Preponderance of the evidence
second requirement of a contract
larceny
Arson
In a lawsuit attorneys have a burden of proof that shows liability by
24. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
Incorporation clause
strict liability
Tortious interference with a contract
The primary drafter of the constitution
25. The sharing of powers between levels of government
In the senate - after the bill leave committee it travels to...
First African American Justice
Federalism
first requirement of a contract
26. A tithing of 10 men put together to hold each other accountable. Anglo-saxon method of keeping the peace.
actus reus
Collective Responsibility
Step two in filing a civil law suit
Litigation
27. 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.
Comparative Fault
coercion
quasi contract
Pocket Veto
28. Factual case
actus reus
The percentage vote to pass a bill
element 3 of a negligence lawsuit
sixth amendment
29. Type of intentional tort (and crime); injuring someone by deliberate deception
Conference committee
In the senate - after the bill leave committee it travels to...
Fraud
In a lawsuit attorneys have a burden of proof that shows liability by
30. Items such as trampolines and swimming pools; defendant is liable if there is no protection
Mediation
Comparative Fault
attractive nuisance
Strict scrutiny
31. Type of intentional tort; an act that makes a person fear imminent battery
agreement
entrapment
Rationale
assault
32. The opinion of Judges who agree with the holding - but for different reasons.
Concurring Opinion
second requirement of a contract
RICO
Who regulates commercial speech
33. Judge made law
Common Law
What is not protected under the first amendment
you cannot revoke an offer...
Bill of Right
34. If the proceedings of a business occur intrastate but will eventually effect proceedings interstate - this rule states that congress may interfere
Common Law
Where the bill goes after conference committee
Procedural due process
Substantial effect rule
35. Race - ethincity and fundamental rights; Any government action that intentionally discriminates against racial or ethnic minorities or interferes with a fundamental right is presumed invalid.
Strict scrutiny
Interrogatories
Defamation
First African American Justice
36. If a company does not address an insubordinate employee - they become liable
Filibuster
Wire Fraud
expiration
negligent retention
37. Harm caused by a deliberate action
quasi contract
agreement
After the bill is released from committees in the two houses - it goes...
intentional tort
38. A subtype of rejection
conversion
embezzlement
In a lawsuit attorneys have a burden of proof that shows liability by
counter offer
39. FCC (Federal Communications Commission)
Shire Reeves
Negligence per se
Who regulates commercial speech
insanity
40. Lack of opinion - malice as to public figures - negligence to private individuals
Mail Fraud
Supremacy clause
element 5 of a negligence lawsuit
To prove injury the defamation must show...
41. Discovery phase: chance for the party to learn about its opponent.
Step two in filing a civil law suit
rejection
first requirement of a contract
Arson
42. Any scheme that attempts to unlawfully obtain money or services illegally through the US postal service
breach of duty
Mail Fraud
Legal Issue Presented
Citation
43. Business tort; using someones likeness or voice without their permission.
trespass
Pleadings
Qualifications for defamation
Commercial Exploitation
44. Talking trash
Insurance Fraud
Number of judges on the panel in the Court of Appeals
Defamation
licensee
45. Collected taxes and helped keep the peace in tenth century England. Equivalent to a modern day Sheriff.
Shire Reeves
Interrogatories
Stare Decisis
Takings clause
46. Type of business crime; the fraudulent conversion of property already in the defendants posession.
Equal Protection Clause
embezzlement
expiration
Insurance Fraud
47. 2/3 vote
The job of the Rules Committee
How much of a majority is it to override a presidents veto
element 4 of a negligence lawsuit
first amendment
48. A party may ask the court to order an examination to find out if physical or mental damage is relevant
Common Law
Mediation
Physical and Mental examination
Litigation
49. There was a breach of due care
Writ of Certiorari
misdemeanor
element 2 of a negligence lawsuit
What Freedom of speech includes
50. Twelve.
Total circuits in the court of appeals
element 3 of a negligence lawsuit
Shire Reeves
slander