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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. Injuries caused by neglect and oversight rather than deliberate conduct.
After the bill is released from committees in the two houses - it goes...
Negligence and strict liability
How Federal Law has jurisdiction in a lawsuit
RICO
2. A plaintiff may generally recover even if he/she is partially negligible
Comparative Fault
French social commentator and political thinker who created the Separation of Powers theory
element 5 of a negligence lawsuit
Mail Fraud
3. A power granted to congress stating that congress may regulate trade between countries - other states and indian tribes
Step one in filing a civil law suit
Patriot Act
letters of intent
regulation of interstate commerce
4. Thurgood Marshall
First African American Justice
The job of the Rules Committee
Step one in filing a civil law suit
Medicare fraud
5. The process of one party's lawyer to question the other party or a potential witness under oath.
Depositions
Interrogatories
Physical and Mental examination
expiration
6. The floor/leadership - where it is debated upon with no time limit.
Where the bill goes after conference committee
Negligence per se
How Federal Law has jurisdiction in a lawsuit
In the senate - after the bill leave committee it travels to...
7. There is an established duty of due care
larceny
First Woman Justice
coercion
element 1 of a negligence lawsuit
8. Common law rule; acceptance must be made on the same terms as the offer
Henry DeBracton
Step one in filing a civil law suit
element 1 of a negligence lawsuit
mirror image rule
9. Talking trash
trespass
Defamation
element 2 of a negligence lawsuit
quasi contract
10. 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
fifth amendment
counter offer
breach of duty
11. A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
slander
Mail Fraud
breach of duty
Rationale
12. 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.
Bystander's obligation means...
Strict scrutiny
coercion
fifth amendment
13. Baron Montesquieu
Res ipsa loquitor
crime burden of proof
French social commentator and political thinker who created the Separation of Powers theory
Physical and Mental examination
14. A violation of a duty imposed by a civil law.
fifth amendment
tort
element 2 of a negligence lawsuit
Substantial effect rule
15. Business tort; defendant improperly breached contract and causes injury to plaintiff
Style of a Case
Appellee
Tortious interference with a contract
misdemeanor
16. 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
Step four in filing a civil law suit
assault
Style of a Case
17. Requires a meeting of the minds
rejection
First Woman Justice
quasi contract
agreement
18. Someone on the property by right of a public place. highest duty of due care is owed to avoid negligence
invitee
Two types of dispute resolution
In the house of representatives - after a bill has left the first committee - it travels to...
Federalism
19. A letter that summarizes the negotiating progress
Administrative Law
letters of intent
negligent hiring
Pocket Veto
20. Written questions that the opposing party must answer in writing under oath
The primary drafter of the constitution
Filibuster
eighth amendment
Interrogatories
21. A tithing of 10 men put together to hold each other accountable. Anglo-saxon method of keeping the peace.
when a bill is introduced to the Sentate is must have...
Collective Responsibility
Strict scrutiny
Physical and Mental examination
22. Action - print and other expression. Broader than the spoken word
What Freedom of speech includes
Physical and Mental examination
In the house of representatives - after a bill has left the first committee - it travels to...
Collective Responsibility
23. Preponderance of the evidence
Mail box rule
In the house of representatives - after a bill has left the first committee - it travels to...
operation of law
In a lawsuit attorneys have a burden of proof that shows liability by
24. Trial Court
agreement
Negligence per se
Federal District Court
Wire Fraud
25. You have no duty to assist someone in peril unless you created the danger
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26. Bottom Line answer
Who regulates commercial speech
Mail box rule
Holding
Statute
27. Sandra Day Oconnor
attractive nuisance
First Woman Justice
first amendment
rejection
28. Trial.
Henry DeBracton
Procedural due process
false imprisonment
Step four in filing a civil law suit
29. 1250
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30. First 10 amendments of the constitution; Compromise between federalist and antifederalists; Protects natural rights of liberty and property
Bill of Right
operation of law
Collective Responsibility
intrusion
31. Using false statements or bribes to obtain medicare payments from the federal or state government
third requirement of a contract
Medicare fraud
Step three in filing a civil law suit
Contributory Negligence
32. Legality; the subject matter must be legal
third requirement of a contract
Step three in filing a civil law suit
fifth amendment
Holding
33. Defamation - obscenity - speech that creates danger
What is not protected under the first amendment
Holding
regulation of interstate commerce
battery
34. Establishes the idea precendent
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35. For the defendant to be liable - the type of harm must have been reasonably forseeable.
you cannot revoke an offer...
forseeable harm
Dicta
The primary drafter of the constitution
36. The introduction of a neutral third party in resolving a dispute; not a binding decision. Voluntary settlement.
Mediation
Qualifications for defamation
Arbitration
rejection
37. (1)statement (2)falseness (3)communicated (4)injury
Qualifications for defamation
fourth amendment
Wire Fraud
Where the bill goes after conference committee
38. An offered can be terminated anytime before the offer has been accepted.
Litigation
Step four in filing a civil law suit
third requirement of a contract
revocation
39. Life - Liberty - Property
John Locke
licensee
assault
conversion(2)
40. A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results
revocation
Negligence and strict liability
Defamation
strict liability
41. Right to an attorney when facing a prison sentence
sixth amendment
revocation
How much of a majority is it to override a presidents veto
Two types of dispute resolution
42. Aka imminent domain; government cant take a persons land unless they prove it will be used for a public purpose and provide proper compensation.
Takings clause
Total circuits in the court of appeals
Negligence
first amendment
43. Unintentional tort - breach of a duty of care
element 1 of a negligence lawsuit
misdemeanor
Dissenting Opinion
Negligence
44. Type of intent to be proved; means a guilty state of mind
mens rea
The last step of a bill in the House of representatives is...
Appellant
larceny
45. A document filed by the losing party requesting the federal court to appeal a case.
Ethics
Writ of Certiorari
What is not protected under the first amendment
Separation of powers
46. Type of defense; the defendant is incapable of forming mens rea
tort
Bill of Right
insanity
Step one in filing a civil law suit
47. Attorneys ask jurors a set of questions to determine bias
eighth amendment
Voir Dire
After a bill enters the house of rep or senate - it goes where...
Number of Justices in the Supreme Court?
48. The legal question that is posed in a case
Legal Issue Presented
rejection
Commercial Exploitation
uniform commercial code
49. Type of intentional tort; an act that makes a person fear imminent battery
Res ipsa loquitor
implied contract
mens rea
assault
50. Termination when the offeror dies or the physical contract is destroyed
when a bill is introduced to the Sentate is must have...
operation of law
revocation
licensee