Business Law Test 1

Question 1

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

Answer 1

Arbitration

Question 2

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

Answer 2

Assault

Question 3

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

Answer 3

Assumption of the risk

Question 4

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

Answer 4

Battery

Question 5

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

Answer 5

Burglary

Question 6

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

Answer 6

Causation in fact

Question 7

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

Answer 7

Comparative negligence

Question 8

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

Answer 8

Compensatory Damages

Question 9

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

Answer 9

Contributory Negligence

Question 10

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

Answer 10

Conversion

Question 11

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

Answer 11

Deposition

Question 12

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

Answer 12

Diversity of citizenship

Question 13

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

Answer 13

Due Process Clause

Question 14

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

Answer 14

Embezzlement

Question 15

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

Answer 15

Equal protection clause

Question 16

Prohibits the government from creating a state sponsored religion

Answer 16

Establishment clause

Question 17

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

Answer 17

Full faith and credit clause

Question 18

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

Answer 18

General damages

Question 19

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

Answer 19

Interrogatories

Question 20

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

Answer 20

Judicial review

Question 21

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

Answer 21

Larceny

Question 22

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

Answer 22

Libel

Question 23

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

Answer 23

Long arm statute

Question 24

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

Answer 24

Mediation

Question 25

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

Answer 25

Motion for a directed verdict

Question 26

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

Answer 26

Motion for judgment n. o. v.

Question 27

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

Answer 27

Negligence

Question 28

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

Answer 28

Negotiation

Question 29

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

Answer 29

Pleadings

Question 30

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

Answer 30

Precedent

Question 31

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

Answer 31

Privileges and immunities clause

Question 32

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

Answer 32

Procedural law

Question 33

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

Answer 33

Proximate cause

Question 34

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

Answer 34

Robbery

Question 35

Defamation that is done orally is known as

Answer 35

Slander

Question 36

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

Answer 36

Special damages

Question 37

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

Answer 37

Stare Decisis

Question 38

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

Answer 38

Substantive law

Question 39

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

Answer 39

Superseding cause

Question 40

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

Answer 40

Trespass to personal property

Question 41

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.

Answer 41

1st Amendment

Question 42

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.

Answer 42

2nd Amendment

Question 43

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.

Answer 43

3rd Amendment

Question 44

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.

Answer 44

4th Amendment

Question 45

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

Answer 45

5th Amendment

Question 46

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

Answer 46

6th Amendment

Question 47

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

Answer 47

7th Amendment

Question 48

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

Answer 48

8th Amendment

Question 49

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.

Answer 49

9th Amendment

Question 50

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.

Answer 50

10th Amendment