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