Business Law Final Exam
common law -(correct answer)judge made law, body of all decisions made by judges statute
-(correct answer)law passed by Congress or by a state legislature equity -(correct
answer)court's use of power to create an equitable result precedent -(correct answer)earlier
court case used to influence a court decision in a current case criminal law -(correct
answer)concerns behavior so threatening that society outlaws it altogether civil law -(correct
answer)regulates the rights and duties between parties holding -(correct answer)courts
decision reverse -(correct answer)to declare lower courts ruling wrong and void remand
-(correct answer)to send a case back down to a lower court affirm -(correct answer)to uphold a
lower court's ruling litigation -(correct answer)process of resolving disputes in court alternative
dispute resolution -(correct answer)resolving disputes out of court through formal or informal
processes mediation -(correct answer)form of ADR in which a neutral third party coaxes the
disputing parties toward a voluntary settlement arbitration -(correct answer)form of ADR in
which a neutral third party has the power to impose a binding decision trial courts -(correct
answer)determine the facts and apply to them the law given by appellate courts jurisdiction
-(correct answer)court's power to hear a case appellate courts -(correct answer)generally
accept the facts provided by trial courts and review the record for legal errors error of law
-(correct answer)wrong decision made in a trial that leads to the reversal of a decision or a
new trial federal question case -(correct answer)claim based on the US Constitution, a federal
statute, or a federal treaty diversity case -(correct answer)lawsuit in which the two parties are
of different states and the amount in dispute exceeds 75,000 steps to litigation -(correct
answer)pleadings, complaint, answer, discovery, interrogatories, depositions, production of
documents and things, summary judgement(optional), trial steps of trial -(correct
answer)opening statements, plaintiffs case, defendants case, closing argument, verdict
pleadings -(correct answer)documents that begin a lawsuit; complaint, answer, reply complaint
-(correct answer)short statement of the facts alleged by the plaintiff, and his or her legal claims
, answer -(correct answer)defendants response to the complaint default judgement -(correct
answer)decision that the plaintiff in a case wins without going to trial class action -(correct
answer)suit filed by a group of plaintiffs with related claims discovery -(correct answer)pre-trial
opportunity for both parties to learn the other side's case interrogatories -(correct
answer)written questions that the opposing party must answer, in writing, under oath
depositions -(correct answer)one party's lawyer questions the other party motion -(correct
answer)formal request to the court summary judgement -(correct answer)ruling that no-trial is
necessary because the essential facts are not in dispute adversary system -(correct
answer)system based on the assumption that if the two sides present their best case before a
neutral party, the truth will be established burden of proof -(correct answer)plaintiff must
convince the jury that its version of the case is correct preponderance of the evidence -(correct
answer)burden of proof in civil case beyond a reasonable doubt -(correct answer)burden of
proof in a criminal case tort -(correct answer)violation of a duty imposed by civil law
defamation -(correct answer)defamatory statement, falseness, communicated to another,
injury defamatory statement -(correct answer)statement is likely to harm another person's
reputation falseness (defamation) -(correct answer)must be false to by defamatory
communicated (defamation) -(correct answer)statement must be communicated to at least one
other person besides the defendant injury (defamation) -(correct answer)in slander cases,
plaintiff must show some injury; in libel cases, law is willing to assume injury opinion
(defamation) -(correct answer)opinion is generally a valid defense in a defamation case public
personalities and defamation -(correct answer)must prove actual malice actual malice -(correct
answer)defendant knew that that his statement was false and acted with reckless disregard of
the truth false imprisonment -(correct answer)intentional restraint of another person without
reasonable cause or consent battery -(correct answer)intentional offensive touching assault
-(correct answer)an action that causes another person to fear an imminent battery fraud
-(correct answer)injuring someone by deliberate deception intentional infliction of emotional
distress -(correct answer)extreme and outrageous conduct that causes serious emotional
common law -(correct answer)judge made law, body of all decisions made by judges statute
-(correct answer)law passed by Congress or by a state legislature equity -(correct
answer)court's use of power to create an equitable result precedent -(correct answer)earlier
court case used to influence a court decision in a current case criminal law -(correct
answer)concerns behavior so threatening that society outlaws it altogether civil law -(correct
answer)regulates the rights and duties between parties holding -(correct answer)courts
decision reverse -(correct answer)to declare lower courts ruling wrong and void remand
-(correct answer)to send a case back down to a lower court affirm -(correct answer)to uphold a
lower court's ruling litigation -(correct answer)process of resolving disputes in court alternative
dispute resolution -(correct answer)resolving disputes out of court through formal or informal
processes mediation -(correct answer)form of ADR in which a neutral third party coaxes the
disputing parties toward a voluntary settlement arbitration -(correct answer)form of ADR in
which a neutral third party has the power to impose a binding decision trial courts -(correct
answer)determine the facts and apply to them the law given by appellate courts jurisdiction
-(correct answer)court's power to hear a case appellate courts -(correct answer)generally
accept the facts provided by trial courts and review the record for legal errors error of law
-(correct answer)wrong decision made in a trial that leads to the reversal of a decision or a
new trial federal question case -(correct answer)claim based on the US Constitution, a federal
statute, or a federal treaty diversity case -(correct answer)lawsuit in which the two parties are
of different states and the amount in dispute exceeds 75,000 steps to litigation -(correct
answer)pleadings, complaint, answer, discovery, interrogatories, depositions, production of
documents and things, summary judgement(optional), trial steps of trial -(correct
answer)opening statements, plaintiffs case, defendants case, closing argument, verdict
pleadings -(correct answer)documents that begin a lawsuit; complaint, answer, reply complaint
-(correct answer)short statement of the facts alleged by the plaintiff, and his or her legal claims
, answer -(correct answer)defendants response to the complaint default judgement -(correct
answer)decision that the plaintiff in a case wins without going to trial class action -(correct
answer)suit filed by a group of plaintiffs with related claims discovery -(correct answer)pre-trial
opportunity for both parties to learn the other side's case interrogatories -(correct
answer)written questions that the opposing party must answer, in writing, under oath
depositions -(correct answer)one party's lawyer questions the other party motion -(correct
answer)formal request to the court summary judgement -(correct answer)ruling that no-trial is
necessary because the essential facts are not in dispute adversary system -(correct
answer)system based on the assumption that if the two sides present their best case before a
neutral party, the truth will be established burden of proof -(correct answer)plaintiff must
convince the jury that its version of the case is correct preponderance of the evidence -(correct
answer)burden of proof in civil case beyond a reasonable doubt -(correct answer)burden of
proof in a criminal case tort -(correct answer)violation of a duty imposed by civil law
defamation -(correct answer)defamatory statement, falseness, communicated to another,
injury defamatory statement -(correct answer)statement is likely to harm another person's
reputation falseness (defamation) -(correct answer)must be false to by defamatory
communicated (defamation) -(correct answer)statement must be communicated to at least one
other person besides the defendant injury (defamation) -(correct answer)in slander cases,
plaintiff must show some injury; in libel cases, law is willing to assume injury opinion
(defamation) -(correct answer)opinion is generally a valid defense in a defamation case public
personalities and defamation -(correct answer)must prove actual malice actual malice -(correct
answer)defendant knew that that his statement was false and acted with reckless disregard of
the truth false imprisonment -(correct answer)intentional restraint of another person without
reasonable cause or consent battery -(correct answer)intentional offensive touching assault
-(correct answer)an action that causes another person to fear an imminent battery fraud
-(correct answer)injuring someone by deliberate deception intentional infliction of emotional
distress -(correct answer)extreme and outrageous conduct that causes serious emotional
