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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. There is an established duty of due care
element 1 of a negligence lawsuit
Citation
Supremacy clause
Concurring Opinion
2. Trial Court
intentional tort
Federal District Court
first requirement of a contract
Request of production of documents and things
3. Preponderance of the evidence
Pocket Veto
fourth amendment
Federal District Court
In a lawsuit attorneys have a burden of proof that shows liability by
4. Using false statements or bribes to obtain medicare payments from the federal or state government
Step three in filing a civil law suit
revocation
Year when 'On the Laws and Customs of England' was written
Medicare fraud
5. No self incrimination / due process (miranda warnings)
counter offer
agreement
Style of a Case
fifth amendment
6. Action - print and other expression. Broader than the spoken word
Current Chief Justice
What Freedom of speech includes
fourth requirement of a contract
Pleadings
7. Thurgood Marshall
First African American Justice
Statute
Strict scrutiny
Bill of Right
8. The floor/leadership - where it is debated upon with no time limit.
Medicare fraud
Number of Justices in the Supreme Court?
In the senate - after the bill leave committee it travels to...
Defamation
9. The legal doctrine whereby an act is considered negligent because it violates a statute (or regulation)
Negligence per se
forseeable harm
Common Law
breach of duty
10. Discovery phase: chance for the party to learn about its opponent.
Filibuster
How Federal Law has jurisdiction in a lawsuit
Step two in filing a civil law suit
Medicare fraud
11. Fraud using electronic communications of any kind;
Wire Fraud
implied contract
Fraud
forseeable harm
12. Establishes the idea precendent
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13. To a committee to be studied; and then debated and voted upon; this is where new amendments can be added.
Holding
Rationale
Dissenting Opinion
After a bill enters the house of rep or senate - it goes where...
14. Talking trash
forseeable harm
Style of a Case
Defamation
actus reus
15. No unreasonable searches or seizures
strict liability
fourth amendment
In a lawsuit attorneys have a burden of proof that shows liability by
lible
16. Type of intentional tort; the intentional touching of an individual in a way that is unwarranted or offensive
element 2 of a negligence lawsuit
slander
Shire Reeves
battery
17. Nine.
trespass
Federal District Court
Number of Justices in the Supreme Court?
Dicta
18. The legal question that is posed in a case
Two types of dispute resolution
Legal Issue Presented
Mail Fraud
felony
19. Guilty beyond a reasonable doubt
crime burden of proof
Citation
counter offer
The primary drafter of the constitution
20. Trial.
The percentage vote to pass a bill
element 2 of a negligence lawsuit
Step four in filing a civil law suit
embezzlement
21. A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results
agreement
Commercial Exploitation
Res ipsa loquitor
strict liability
22. A less serious crime often punishable by less than one year in prison
Strict scrutiny
misdemeanor
Stare Decisis
The job of the Rules Committee
23. Someone on the property by right of a public place. highest duty of due care is owed to avoid negligence
Legal Issue Presented
invitee
Filibuster
Negligence
24. The obligation to decide current cases based on previous rulings.
Assumption of the risk
precedent
first amendment
How Federal Law has jurisdiction in a lawsuit
25. Unintentional tort - breach of a duty of care
letters of intent
fourth amendment
Negligence
Depositions
26. No state can deny citizens due process. (14th amendment) this incorporates states to be ruled under the constitution
precedent
Conference committee
conversion(2)
Incorporation clause
27. Judges who disagree with the majority holding; states their opposing opinion
uniform commercial code
Dissenting Opinion
Who regulates commercial speech
express contract
28. The rules committee where it is put on a calendar.
Ethics
express contract
In the house of representatives - after a bill has left the first committee - it travels to...
conversion(2)
29. Injuries caused by neglect and oversight rather than deliberate conduct.
Mediation
Negligence and strict liability
Number of judges on the panel in the Court of Appeals
In the house of representatives - after a bill has left the first committee - it travels to...
30. Due process or the right to a hearing
Appellant
First African American Justice
fifth amendment
In the house of representatives - after a bill has left the first committee - it travels to...
31. Capacity; the parties must be adults and mentally competent
Common Law
fourth requirement of a contract
Substantial effect rule
third requirement of a contract
32. The introduction of a neutral third party in resolving a dispute; not a binding decision. Voluntary settlement.
crime burden of proof
Arson
Mediation
rejection
33. The party filing the appeal
Supremacy clause
Conference committee
In the senate - after the bill leave committee it travels to...
Appellant
34. Each side may ask the other side to produce relevant documents for inspection and copying.
larceny
Statute
Request of production of documents and things
Step one in filing a civil law suit
35. Life - Liberty - Property
Pleadings
John Locke
Step two in filing a civil law suit
element 4 of a negligence lawsuit
36. A document filed by the losing party requesting the federal court to appeal a case.
letters of intent
element 5 of a negligence lawsuit
Writ of Certiorari
second requirement of a contract
37. 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
Bystander's obligation means...
Step three in filing a civil law suit
fourth amendment
38. Type of tort; taking someone elses property without consent.
agreement
promissory estoppel
coercion
conversion
39. Termination by simply turning down the offer
rejection
actus reus
How much of a majority is it to override a presidents veto
Federal District Court
40. 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
Holding
Malice
element 4 of a negligence lawsuit
larceny
41. Cruel and unusual punishment
eighth amendment
Step three in filing a civil law suit
Procedural due process
sixth amendment
42. Type of defense; the defendant is incapable of forming mens rea
Number of Justices in the Supreme Court?
insanity
Stare Decisis
Depositions
43. Harm caused by a deliberate action
Significance of 'On the Laws and Customs of England'
intentional tort
Citation
Shire Reeves
44. 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.
Henry DeBracton
quasi contract
fifth amendment
regulation of interstate commerce
45. Procedures for academic dismissal or dismissal from a government job
Ethics
Minimal scrutiny
Procedural due process
lible
46. Requires a meeting of the minds
Takings clause
second requirement of a contract
agreement
first requirement of a contract
47. To the conference committee
After the bill is released from committees in the two houses - it goes...
implied contract
Mail Fraud
RICO
48. If the plaintiff is even slightly negligent he/she recovers nothing
Procedural due process
Contributory Negligence
Negligence per se
Holding
49. A contract put in writing laying out all of the terms
Minimal scrutiny
Intermediate scrutiny
express contract
Strict scrutiny
50. 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.
Negligence per se
Conference committee
Step four in filing a civil law suit
In the house of representatives - after a bill has left the first committee - it travels to...