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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 intentional tort; the intentional restraint of another without reasonable cause
precedent
The percentage vote to pass a bill
false imprisonment
sixth amendment
2. A person who is on your property with your permission; you owe them a higher duty of due care to warn of known dangers
Comparative Fault
Defamation
licensee
fifth amendment
3. Cruel and unusual punishment
Step one in filing a civil law suit
After a bill enters the house of rep or senate - it goes where...
eighth amendment
Administrative Law
4. A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
licensee
Administrative Law
What section of the Constitution grants congress it's powers?
breach of duty
5. If the plaintiff is even slightly negligent he/she recovers nothing
larceny
Contributory Negligence
Step one in filing a civil law suit
Litigation
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
Total circuits in the court of appeals
Fraud
tort
Minimal scrutiny
7. Language added to a court's opinion that is beyond what is needed; extra words offered as guidance
counter offer
Dicta
Negligence per se
Tortious interference with a contract
8. Freedom of speech.
Legal Issue Presented
precedent
first amendment
Step four in filing a civil law suit
9. Aka imminent domain; government cant take a persons land unless they prove it will be used for a public purpose and provide proper compensation.
Number of Justices in the Supreme Court?
Takings clause
Step four in filing a civil law suit
To prove injury the defamation must show...
10. A violation of a duty imposed by a civil law.
fifth amendment
letters of intent
tort
element 5 of a negligence lawsuit
11. Laws involving economic and social regulation; laws that regard economic or social status are presumed valid and corporations and people can be classified
breach of duty
John Locke
Minimal scrutiny
Mail box rule
12. A company becomes liable if they do not perform a background check
Concurring Opinion
negligent hiring
Negligence per se
actus reus
13. There was a breach of due care
implied contract
Common Law
Minimal scrutiny
element 2 of a negligence lawsuit
14. Judge made law; based on precedent - which leads to stare decisis
mens rea
Common Law
Henry DeBracton
Strict scrutiny
15. A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results
strict liability
Who regulates commercial speech
Rationale
when a bill is introduced to the Sentate is must have...
16. For the defendant to be liable - the type of harm must have been reasonably forseeable.
invitee
What section of the Constitution grants congress it's powers?
RICO
forseeable harm
17. A law passed by a legislative body
RICO
Statute
Litigation
Administrative Law
18. A letter that summarizes the negotiating progress
Step four in filing a civil law suit
tort
Style of a Case
letters of intent
19. Injury
fourth requirement of a contract
element 5 of a negligence lawsuit
invitee
forseeable harm
20. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
assault
Incorporation clause
Negligence
rejection
21. Judges who disagree with the majority holding; states their opposing opinion
agreement
Henry DeBracton
In a lawsuit attorneys have a burden of proof that shows liability by
Dissenting Opinion
22. Common law rule; acceptance must be made on the same terms as the offer
mirror image rule
battery
What is not protected under the first amendment
What section of the Constitution grants congress it's powers?
23. Twelve.
The primary drafter of the constitution
element 4 of a negligence lawsuit
Substantial effect rule
Total circuits in the court of appeals
24. Punishable by a prison sentence of one year or more
What section of the Constitution grants congress it's powers?
felony
Federalism
Bill of Right
25. Gender related; such laws must be substantially related to important government objectives. (gov't cant discriminate based on gender through the law making process)
Administrative Law
Intermediate scrutiny
After a bill enters the house of rep or senate - it goes where...
Depositions
26. Proposed statutes - submitted to Congress or a legislature
John Locke
Bill
The last step of a bill in the House of representatives is...
first requirement of a contract
27. A document filed by the losing party requesting the federal court to appeal a case.
misdemeanor
express contract
Writ of Certiorari
Who regulates commercial speech
28. Faking car accidents and injury in order to gain a settlement
For a bill to pass...
Mail box rule
Insurance Fraud
How Federal Law has jurisdiction in a lawsuit
29. A subtype of rejection
For a bill to pass...
Appellee
counter offer
Substantial effect rule
30. 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
misdemeanor
negligent hiring
Holding
31. Type of business crime; taking or using someones property
Rationale
agreement
conversion(2)
Litigation
32. The documents that begin a lawsuit: consists of the complaint - answer and sometimes a reply
Common Law
Pleadings
Henry DeBracton
For a bill to pass...
33. Malicious use of fire or explosives to damage or destroy real estate or property
Qualifications for defamation
After the bill is released from committees in the two houses - it goes...
Where the bill goes after conference committee
Arson
34. FCC (Federal Communications Commission)
implied contract
Who regulates commercial speech
For a bill to pass...
Intermediate scrutiny
35. Attorneys ask jurors a set of questions to determine bias
Voir Dire
After a bill enters the house of rep or senate - it goes where...
Wire Fraud
precedent
36. The floor/leadership - where it is debated upon with no time limit.
Depositions
In the senate - after the bill leave committee it travels to...
Writ of Certiorari
Filibuster
37. Talking trash
Defamation
After a bill enters the house of rep or senate - it goes where...
Concurring Opinion
fifth amendment
38. The legal doctrine whereby an act is considered negligent because it violates a statute (or regulation)
letters of intent
Negligence per se
Arbitration
Separation of powers
39. 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
regulation of interstate commerce
Equal Protection Clause
element 2 of a negligence lawsuit
How Federal Law has jurisdiction in a lawsuit
40. Forbidding a law to be passed
In the senate - after the bill leave committee it travels to...
implied contract
crime burden of proof
Veto
41. System of checks and balances within the federal government
conversion
Separation of powers
Filibuster
false imprisonment
42. Type of intentional tort; an act that makes a person fear imminent battery
Substantial effect rule
element 3 of a negligence lawsuit
assault
regulation of interstate commerce
43. (1)statement (2)falseness (3)communicated (4)injury
How much of a majority is it to override a presidents veto
Rationale
Statute
Qualifications for defamation
44. Written questions that the opposing party must answer in writing under oath
Statute
forseeable harm
Henry DeBracton
Interrogatories
45. Sandra Day Oconnor
Step three in filing a civil law suit
French social commentator and political thinker who created the Separation of Powers theory
Voir Dire
First Woman Justice
46. There is an established duty of due care
Appellee
After the bill is released from committees in the two houses - it goes...
Federal District Court
element 1 of a negligence lawsuit
47. Binding; an offeror cannot withdraw
Mail box rule
Concurring Opinion
rejection
attractive nuisance
48. The introduction of a neutral third party in resolving a dispute; not a binding decision. Voluntary settlement.
Wire Fraud
Legal Issue Presented
RICO
Mediation
49. A party may ask the court to order an examination to find out if physical or mental damage is relevant
eighth amendment
Assumption of the risk
Physical and Mental examination
Who regulates commercial speech
50. If a company does not address an insubordinate employee - they become liable
Step one in filing a civil law suit
Collective Responsibility
Number of Justices in the Supreme Court?
negligent retention
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