LEGAL AND BUSINESS TERMINOLOGY Flashcards

1
Q
Statutes are laws \_\_\_
1. Known as common law
2. Made by judges
3. Passed by cities
4. Passed by legislature
1
A

Passed by legislature

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2
Q
Normally, courts of appeal do not have \_\_\_.
1. Criminal jurisdiction
2. Original jurisdiction
3. Criminal law enforcement authority
4. Authority to hear misdemeanors 
2
A

Original jurisdiction

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3
Q
Statues and subsequent regulations are collected in \_\_\_.
1. The Code
2. Constitutional amendments
3. The Federal Requirements
4. Law Books
3
A

The Code

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4
Q
Generally, the lowest level of the court system is the \_\_\_ court.
1. Circuit
2. Criminal
3. Civil
4. Magistrate's
4
A

Magistrate’s

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5
Q
To set a person or corporation free of accusations is to \_\_\_.
1. Enjoin
2. Acquit
3. Consent
4. Motion
5
A

Acquit

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6
Q
A statement in writing given under oath before a notary public is an \_\_\_.
1. Affidavit
2. Affirmation
3. Appeal
4. Appearance
6
A

Affidavit

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7
Q
The coming into court of a person being summoned to do so is a/an \_\_\_.
1. Appeal
2. Discovery
3. Appearance
4. Injunction
7
A

Appearance

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8
Q
An impartial person chosen by the parties to an argument who agree to abide by her decision is a/an \_\_\_.
1. Arbitrator
2. Adjudicator
3. Civil judge
4. Attorney at law
8
A

Arbitrator

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9
Q
A Latin phrase meaning to stand by earlier court decisions is \_\_\_.
1. Stare decisis
2. Res judicata
3. Res ipsa loquitur
4. Respondeat superior
9
A

Stare decisis

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10
Q
A verdict, given by a jury at the direction of a judge is a/an \_\_\_.
1. Directed verdict
2. Dismissal
3. Indictment
4. Injunction
10
A

Directed verdict

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11
Q
An application to the court asking for an action favorable to one's side is \_\_\_.
1. A witnessing
2. A motion
3. An application to the court
4. A plea bargain
11
A

A motion

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12
Q
When the employee is acting within the control or scope of the employer, the employer is responsible for the acts of the employee under the concept of \_\_\_.
1. Contractor-employee relations
2. Strict liability
3. A subcontractor relationship
4. Borrowed servant
12
A

Strict liability

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13
Q
A written publication that exposes someone to public scorn, hatred, contempt or ridicule is \_\_\_.
1. Libel
2. Slander
3. An aggrieved parte
4. An assault
13
A

Libel

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14
Q
An early step in a criminal procedure during which the defendant is formally charged with an offense is a/an \_\_\_.
1. Discovery
2. Arraignment
3. Adjudication
4. Action
14
A

Arraignment

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15
Q
Conduct giving rise to a cause for legal action is \_\_\_.
1. Actionable
2. An adjudication
3. An appeal
4. An indictment
15
A

Actionable

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16
Q
When parties to a lawsuit who are dissatisfied with the court's decision ask a higher court to review the decision, it is known as a/an \_\_\_.
1. Appeal
2. Arbitration
3. Responeat superior
4. Stare decisis
16
A

Appeal

17
Q
A district attorney may bring assault charges for the purpose of \_\_\_.
1. Revenge
2. Punishment
3. Monetary award
4. Defamation
17
A

Punishment

18
Q
Damages for proven losses are known as \_\_\_ damages.
1. Actual
2. Exemplary
3. Incidental
4. Punitive
18
A

Actual

19
Q
A fee paid in advance to an attorney for services on a case is known as a \_\_\_.
1.Lien
2. Prepayment
3. Retainer
4. Reward
19
A

Retainer

20
Q
A concept in torts used as a defense by the defendant against the plaintiff is an assumption of \_\_\_.
1. Risk
2. Innocence
3. Guilt
4. Fraud
20
A

Risk

21
Q
Consent given after full information regarding the matter has been provided is known as \_\_\_ consent.
1. Informed
2. Individual
3. Intended
4. Personal
21
A

Informed

22
Q
Spoken statements leading to actual damages implying crime, unchastity, or relating to a person's profession or business is known as \_\_\_.
1. Libel
2. Slander
3. Exemplary damages 
4. Consequential damages
22
A

Slander

23
Q
A reckless disregard for human life, a state of mind that accompanies a wrongful act in which the resulting harm was intended, is known as \_\_\_.
1. Malice
2. Comparative negligence
3. A heinous act
4. Contempt
23
A

Malice

24
Q
A public official, either elected or appointed, who conducts cases against persons accused of crimes is known as a \_\_\_.
1. Lawyer
2. Prosecutor
3. Judge
4. Bailiff
24
A

Prosecutor

25
Q
A written order from a judge permitting certain law enforcement officers to look for certain things or persons is a \_\_\_. 
1. Retainer
2. Search certificate
3. Search and rescue
4. Search warrant
25
A

Search warrant

26
Q

A person who gives evidence before a court and swears that testimony is true is a ___.

  1. Clerk of court
  2. Bailiff
  3. Sheriff
  4. Witness
A

Witness

27
Q
A \_\_\_ exists when a legal duty is owed another, that duty is breached, and harm results.
1. Tort
2. Lien
3. Deposition
4. Warrant
27
A

Tort

28
Q
A written order from a judge having authority in that jurisdiction for the arrest of a person is known as a \_\_\_.
1. Tort
2. Summons
3. Warrant
4. Directed verdict
28
A

Warrant

29
Q
Concept, in both civil and criminal law, that the employer is responsible without the employee having to show employer fault, and normally applying to an ultra hazardous situations is \_\_\_.
1. Scope of employment
2. Respondeat superior
3. Contractor
4. Strict liability
29
A

Strict liability

30
Q
The range of employee activities held by the courts to be the legal responsibility of the employer, essentially any act performed in the process of carrying out one's duties, is know as \_\_\_.
1. Scope of employment
2. Range of job activities
3. Employee job assignments
4. Zone of employment
30
A

Scope of employment

31
Q
Laws that generally establish employer responsibility without regard to fault or negligence for employees illness or injuries that arise out of performance of the job are know as \_\_\_.
1. Worker's Compensation Act
2. Employer's Liability Act
3. Worker Insurance Program
4. Worker Protection Act
31
A

Worker’s Compensation Act

32
Q
Statutes in various states setting forth the extent to which employers are liable in regard to their employees are \_\_\_.
1. Employer's Liability Acts
2. Borrowed Servant Acts
3. Contractor Acts
4. Employee's Rights Laws
32
A

Employer’s Liability Acts