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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. A letter that summarizes the negotiating progress
Rationale
operation of law
Administrative Law
letters of intent
2. The legal question that is posed in a case
Holding
Interrogatories
Legal Issue Presented
Incorporation clause
3. No self incrimination / due process (miranda warnings)
Supremacy clause
Contributory Negligence
Collective Responsibility
fifth amendment
4. Complaint and summons are served to defendant; answer is provided within 30 days
operation of law
mens rea
Step one in filing a civil law suit
actus reus
5. The defendant (defamer) knew the statement was false or acted with reckless disregard to the truth
mirror image rule
Current Chief Justice
forseeable harm
Malice
6. Lack of opinion - malice as to public figures - negligence to private individuals
Procedural due process
Two types of dispute resolution
To prove injury the defamation must show...
actus reus
7. Section of the fourteenth amendment where courts must provide equal protection to all cases based on scrutiny
Henry DeBracton
Equal Protection Clause
quasi contract
Veto
8. Due process or the right to a hearing
fifth amendment
Veto
To prove injury the defamation must show...
fourth requirement of a contract
9. Type of intentional tort; the intentional restraint of another without reasonable cause
Insurance Fraud
false imprisonment
When a bill is introduced to the house of representatives it must have a...
entrapment
10. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
crime burden of proof
element 1 of a negligence lawsuit
regulation of interstate commerce
battery
11. 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
Incorporation clause
Mediation
Procedural due process
12. Thurgood Marshall
First African American Justice
Minimal scrutiny
What Freedom of speech includes
In the house of representatives - after a bill has left the first committee - it travels to...
13. Majority
Holding
What is not protected under the first amendment
coercion
The percentage vote to pass a bill
14. Injury
element 5 of a negligence lawsuit
Number of Justices in the Supreme Court?
First African American Justice
when a bill is introduced to the Sentate is must have...
15. Legality; the subject matter must be legal
negligent hiring
fourth amendment
third requirement of a contract
Litigation
16. Talking trash
Defamation
rejection
Voir Dire
Negligence
17. 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
The job of the Rules Committee
precedent
tort
18. James Madison - 1789
Bill
Common Law
Step two in filing a civil law suit
The primary drafter of the constitution
19. Forbidding a law to be passed
Veto
Style of a Case
Shire Reeves
Ethics
20. A subtype of rejection
conversion(2)
counter offer
slander
element 5 of a negligence lawsuit
21. 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
The job of the Rules Committee
Significance of 'On the Laws and Customs of England'
Rationale
RICO
22. Discovery phase: chance for the party to learn about its opponent.
Total circuits in the court of appeals
intrusion
Intermediate scrutiny
Step two in filing a civil law suit
23. It must be voted on and approved by both houses and then approved by the president. then it is a law
trespass
Strict scrutiny
mirror image rule
For a bill to pass...
24. Type of intent to be proved; means the guilty act
actus reus
Who regulates commercial speech
operation of law
How Federal Law has jurisdiction in a lawsuit
25. Law made by federal agencies; rules and regulations
After the bill is released from committees in the two houses - it goes...
misdemeanor
French social commentator and political thinker who created the Separation of Powers theory
Administrative Law
26. Business tort; intrusion in to someones private life; being a voyeur
insanity
Pleadings
Common Law
intrusion
27. The introduction of a neutral third party in resolving a dispute; issues a binding decision.
forseeable harm
Arbitration
After a bill enters the house of rep or senate - it goes where...
Veto
28. Gender related; such laws must be substantially related to important government objectives. (gov't cant discriminate based on gender through the law making process)
precedent
Mail box rule
Pleadings
Intermediate scrutiny
29. Type of intentional tort; the intentional touching of an individual in a way that is unwarranted or offensive
Substantial effect rule
Interrogatories
battery
Filibuster
30. Forseeable harm
element 4 of a negligence lawsuit
trespass
Step two in filing a civil law suit
RICO
31. Business tort; defendant improperly breached contract and causes injury to plaintiff
RICO
Patriot Act
Tortious interference with a contract
quasi contract
32. Arbitration and Mediation
Two types of dispute resolution
John Locke
Commercial Exploitation
Common Law
33. There is an established duty of due care
Legal Issue Presented
Negligence and strict liability
larceny
element 1 of a negligence lawsuit
34. Nine.
revocation
conversion(2)
Significance of 'On the Laws and Customs of England'
Number of Justices in the Supreme Court?
35. A plaintiff may generally recover even if he/she is partially negligible
For a bill to pass...
entrapment
Comparative Fault
counter offer
36. Language added to a court's opinion that is beyond what is needed; extra words offered as guidance
Dicta
Request of production of documents and things
assault
Statute
37. Trial.
Step four in filing a civil law suit
Who regulates commercial speech
In a lawsuit attorneys have a burden of proof that shows liability by
Assumption of the risk
38. Agreement (offer and acceptance)
assault
Res ipsa loquitor
Shire Reeves
first requirement of a contract
39. If the plaintiff is even slightly negligent he/she recovers nothing
Where the bill goes after conference committee
Contributory Negligence
embezzlement
Request of production of documents and things
40. The introduction of a neutral third party in resolving a dispute; not a binding decision. Voluntary settlement.
Ethics
Number of judges on the panel in the Court of Appeals
Physical and Mental examination
Mediation
41. Sandra Day Oconnor
First Woman Justice
insanity
attractive nuisance
John Locke
42. 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.
Appellant
element 5 of a negligence lawsuit
Strict scrutiny
Filibuster
43. Cruel and unusual punishment
eighth amendment
Minimal scrutiny
Strict scrutiny
What is not protected under the first amendment
44. Judges who disagree with the majority holding; states their opposing opinion
Dissenting Opinion
French social commentator and political thinker who created the Separation of Powers theory
element 1 of a negligence lawsuit
Separation of powers
45. Someone on the property by right of a public place. highest duty of due care is owed to avoid negligence
letters of intent
invitee
Veto
Mail Fraud
46. Common law rule; acceptance must be made on the same terms as the offer
conversion(2)
mirror image rule
Statute
licensee
47. Factual case
How Federal Law has jurisdiction in a lawsuit
Common Law
when a bill is introduced to the Sentate is must have...
element 3 of a negligence lawsuit
48. Guilty beyond a reasonable doubt
crime burden of proof
Strict scrutiny
slander
Style of a Case
49. An act of a senate member to delay the close of debate or force a decision to be made.
lible
Filibuster
crime burden of proof
Contributory Negligence
50. 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
Separation of powers
Supremacy clause
Shire Reeves
What is not protected under the first amendment