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Business Law > Business Law Test 1 > Flashcards

Business Law Test 1 Flashcards

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1
Q

is the process where a neutral third party hears a dispute and imposes a resolution on the parties

A

Arbitration

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2
Q

Is any intentional and unexcused threat of immediate harmful, or offensive conduct.

A

Assault

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3
Q

Q
Is a defense to a negligence action that occurs when a plaintive voluntarily enters into a risky situation, knowing the risk involved

A

Assumption of the risk

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4
Q

Is an unexcused and harmful or offensive physical contact that is intentionally performed.

A

Battery

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5
Q

The unlawful entry into a building with the intent to commit a felony.

A

Burglary

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6
Q

Uses the “but – four” test to determine if the injury occurred because of the defendants act

A

Causation in fact

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7
Q

In situations of______, both the plaintiffs and defendants fault, or computed any liability for damages, is distributed accordingly

A

Comparative negligence

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8
Q

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

A

Compensatory Damages

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9
Q

In situations of______, a plaintiff is barred from recovering at all, if he/she is also at fault

A

Contributory Negligence

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10
Q

Occurs whenever any individual wrongfully takes or harms the personal property of another

A

Conversion

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11
Q

Is sworn testimony by a party to a lawsuit, or witness, recorded by authorized court official

A

Deposition

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12
Q

Allows federal courts to exercise original jurisdiction over cases where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000

A

Diversity of citizenship

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13
Q

provides that no person shall be deprived of life, liberty, or property without notice and an opportunity to be heard.

A

Due Process Clause

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14
Q

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted

A

Embezzlement

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15
Q

Provides that the government can not enact laws that treat similarly situated individuals differently

A

Equal protection clause

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16
Q

Prohibits the government from creating a state sponsored religion

A

Establishment clause

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17
Q

Ensures that rights established under deeds, wills, contracts, and similar instruments in one state, will be honored by other states. 

A

Full faith and credit clause

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18
Q

Compensate the plaintive for non-monetary aspects of the harm suffered

A

General damages

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19
Q

Are written questions for which written answers are prepared, and then sign under oath

A

Interrogatories

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20
Q

Is the process of deciding whether the laws or actions of the legislative and executive branches are constitutional

A

Judicial review

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21
Q

The wrongful, taking and carrying a way of another persons personal property with the intent to permanently, deprive the owner of the property. 

A

Larceny

22
Q

Defamation that is written, or in another permanent form is known as____?

A

Libel

23
Q

Allows chords to exercise, personal jurisdiction, over certain out-of-state defendants, based on activities that took place within the state

A

Long arm statute

24
Q

Is the process where a neutral third-party works with both sides in a dispute to facilitate a resolution

A

Mediation

25
Q

In a state court, a party’s request that the judge enter a judgment in her, or his favor, before the case, is submitted to a jury, because the other party is not presented sufficient evidence to support the claim

A

Motion for a directed verdict

26
Q

A motion requesting the court to grant judgment in favor of the party, making the motion on the ground, that the jury verdict against him, or her was unreasonable and erroneous

A

Motion for judgment n. o. v.

27
Q

Occurs when someone suffers injury because of another’s failure to live up to a require duty of care

A

Negligence

28
Q

A process in which parties attempt to settle the dispute without going to court with or without attorneys to represent them.

A

Negotiation

29
Q

Formal statements made by the plaintiff and the defendant in a lawsuit that detail the facts, allegations and offenses involved in the litigation

A

Pleadings

30
Q

A court decision that furnishes an example authority for deciding subsequent case, involving identical or similar facts

A

Precedent

31
Q

Preventive stay from imposing unreasonable burdens on citizens of another state, particularly with respect to doing business

A

Privileges and immunities clause

32
Q

Consist of all laws that outline the methods of enforcing legal rights and obligations

A

Procedural law

33
Q

______or legal cause, exist on the connection between an act in an injury is strong enough to justify imposing liability

A

Proximate cause

34
Q

The act of forcefully and unlawfully, taking personal property of any value from another, force, or in mediation, is usually necessary for an active theft to be considered a robbery

A

Robbery

35
Q

Defamation that is done orally is known as

A

Slander

36
Q

Compensate the plaintiff for quantifiable Monterey losses, such as medical expenses, and lost wages

A

Special damages

37
Q

Is the practice of deciding new cases with reference to former decisions

A

Stare Decisis

38
Q

Consist of all laws that define, describe, regulate, and create legal rights and obligations

A

Substantive law

39
Q

And unforeseeable, interviewing event known as________ , may break the casual connection between a wrongful act an injury to another

A

Superseding cause

40
Q

The unlawful, taking or harming of another persons property, inference with another’s right to the exclusive possession of his or her personal property

A

Trespass to personal property

41
Q

Freedoms, Petitions, Assembly

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

A

1st Amendment

42
Q

Right to bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

A

2nd Amendment

43
Q

Quartering of soldiers

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

A

3rd Amendment

44
Q

Search and arrest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A

4th Amendment

45
Q

Rights in criminal cases

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger

A

5th Amendment

46
Q

Right to a fair trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed

A

6th Amendment

47
Q

Rights in civil cases

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law

A

7th Amendment

48
Q

Bails, fines, and punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

A

8th Amendment

49
Q

Rights retained by the people

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

A

9th Amendment

50
Q

States Rights

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

A

10th Amendment

Business Law (4 decks)

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