Miscellaneous Quiz / Business Law Midterm

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Can you name the Business Law Key Terms (Ch.1-5)?

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DefinitionTermChapter
A federal Law that prohibits price discrimination
body of principles that establishesthe structure of a govt. and the relationship of the govt. with the people who are governed
Given if the verdict is cleary wrong(court can enter a new judgement)
The charging practice of a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a m
preliminary review of those cases appealed to devide which one will be heard or allowed to stand
Dry run or mock trial in which the lawyers present their claims before a jury of 6 people
Hears cases that dont meet the jurisdictional requirement for federal district court
All documents filed in the beginning part of the case
The ability to control price and exclude competitors
Common method of satisfying a judgement
Summarize the case and suggest a particular verdict be returned by the jury
a law making criminal an act that was lawful when done or that increases the penalty when done. (prohibited by constitutional provisions)
General trial courts of the federal system(hears both criminal and civil cases)
Adherence to ones values and principles despites the costs and consequences
When a case has no material facts in dispute(matter of law)
The federal governements superior regulatory position over state laws on the same subject area.
A federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity
Time honored rules of the community
The order or patter of rules that society uses to govern the conduct of individuals and their relationships
The court with authority to conduct first preceedins in a case
The carrying out of a judgement of a court, generally directing that property owned by the defendant be old and the proceeds first be used to pay the execution or judgement credito
Public official who received complaints and offers recommendations for improvements
Broad authority over different types of cases(both general and criminal cases)
A central government has power to address national concerns, while individual states retain power to handle local concerns
The settlement of disputed questions, whether of law or fact, by one or more arbritrators by whose decision the parties agree to be bound
Rules promulgated by state and federal administrative agencies
Privilege of confidentiality, lawyers cant disclose what their clients tell them, unless they plan to commit a crime
Appeal decision made by the circuits full panel of judges
Term used when a decision maker views a problem from different perspectives and measure the impact of a decision on various groups
Reviews the work of a lower court(hears appeals)
The power to hear cases
Those who have a stake, or interest, in the activities of a corporation (employees, members of community, vendors, customers)
A court order to dispose of interests that could lead to a monopoly
A pleading to dismiss the adverse partys pleadings for not stating a cause of action or a defense
Examination by the other sides attorney that follows the redirect examination
Using precedent and following decisions in similar cases(judges have flexibility)
Set of laws enforced by individuals and businesses.(includes agreements made in contracts)
A decision of a court that stands as the law for a particular problem in the future
Specifies the steps that must be followed to enfore the rights/liabilities
What a defendant must file to admit or deny facts asserted by the plaintiff
DefinitionTermChapter
Examination made of a witness by the attorney for the adverse party
Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
Parties dont go trough the complex, lengthy and formal procedures of trial.(administrative judge performs relaxed hearing)
Shortened trial which simply disputed part of a case
Highest court in most states
Conduct that compromises the loyalty an employee has to their company
A constitution is merely a statement of goals and objectives and is intended to grow and change with time
Powers held by both state and national governments
Flexible standar of ethics that considers circumstanced and motivation before attaching the label of right or wrong to conduct
When judges examine cases from a timeline perspective
Quality of the evidence in a case that allows it to be presented to the jury
Term used when an appelate court sends a case back to trial court for additional hearings or a new trial
Executes and enforces laws(President)
Party that initiates the proceedings in a court
A third person or a committee makes out-of-court determinations of the rights of the persons
A two house form of the legislative branch of government
Witness with some special expertise(economist who gives opinion on the value of future lost income)
Branch of philosophy with values that relate to the nature of human conduct and values associated with that conduct
A federal statute designed to eliminate price discrimination in interstate commerce
The power to regulate commerce with foreign nations, and among the several states, with the Indian tribes
Primary officer of the court, elected or appointed official
Request to the court to dismiss the lawsuit on the grounds that there is no right of recovery
Strict constitutionalist or originalist view, the purpose of a constitution is to state certain fundamental principles for all time
Questioning after cross examination-the attorney for the witess testifying may ask the same witness other questions
Testimony of a witness taken under oath outside the courtroom, transcribed by a court reported
Law enacted and codified by governmental authority(standard for ethical behavior
Makes Laws(Congress)
The body of principles that orginally developed because of the inadequacy of the rulse then applied by the Common law courts of England
Action take by an appellate court that approves the decions of the court below
A system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by mans intelligence
body of citizens sworn by a court to reach a verdict on the basis of the case being presented to them
Three part government
Courts that resolve disputes between parties when those disputed do not exceed a minmal level(no lawyers are permitted, parties represent themselves)
Description of the wrongful conduct and a request for damages(money)
Party initiation the proceedings in a criminal case with changes
Admission of experts testimony and research that has not been properly conducted
obligation of law imposed on a person to perform or restrain from an act
fourth amendment, gives the right to be secure against unreasonable searches and seizure by the govt.
A pleading that may be filed to attack the adverse partys pleading as not stating a cause of action or defense
Powers expressly granted the national government by the Constitution
DefinitionTermChapter
three times the damages actually sustained
Includes copy of complaint and notification that the defendant must appear and respond to the allegations
New form of resolution where the arbitrator also acts as the messenger
Judicial authority to hear a particular type of case
the anticompetitive practice of requiring buyers to purchase one product in order to get another
Examination of a witness by his/her attorney
Mistake applying the law or mistake in admitting evidencethat affected the outcome of the case
Creates, defines and regulated rights
principles expressed for the first time in court decisions
Above all do no harm
Tribunal establishedby govt. to hear and decide matter, provide remedies when wrong has been committed, and prevent wrongs from happening
Neutral person acts as a messenger between opposing sides of a dispute, carrying to each side the latest settlement made by the other
Balancing the goal of profits with values of individuals and society
Interprets the laws(Courts)
Power possessed by states to protect the general welfare, health, safety and moral of people
Using prior inconsistent evidence to challenge the credibility of a witness
Statements by opposing attorneys that tell the jury what their cases will prove
Provides a guarantee of protection against loss or property or rights without the chance to be heard
Disposes of matters before they reach court
Written questions used as a discovery tool that must be answered under oath
Remedy natural law proponents use to change positive law
Legal capacity to require another person to perform or refrain from performing an act
Final court in the federal system
Discovery tool for uncovering paper evidence in a case
Preliminary examination of a juror or a witness to ascertain fitness to act as such
asking the court for damages as a result of the underlying dispute
Laws that guard against unfairness in corporate takeover situations
Authority to hear only particular kinds of cases(bankruptcy courts, U.S.Tax courts)
Party against whom the proceedings are brought
Direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
legislative acts declaring, commanding or prohibiting something
Terminated the trial and requires that it start over with a new jury
The term used when the appelate court sets aside the verdict or judgement of a lower court
Review of the trial end decision of the lower court(no witnesses or testimony, 3 judges)
Means that a person going into another state is entitiled to make contracts, own property and engage in business to the same extent as citizens of the state
When parties hire a judge to hear the case(judges decision is binding unless reverses on appeal)
Given by the court to the jury indicating the appropriate law to apply
New court proceedings, necessary to provide the constitutional right to a jury trial by allowing an appeal to proceed as though there had never been any prior hearing or decision

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