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Final Exam Review - Business Law
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What is the "burden of proof" required in a civil case?
Preponderance of the evidence
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What is the "burden of proof" required in a criminal case?
Beyond a reasonable doubt
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Speaking defamation about someone is called:
Slander
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When you sign a contract that is on paper, what type of contract is created - express or implied?
Express
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If your insurance has a set amount you pay to go see the doctor, this "fee" is called what?
Co-pay
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The payment for insurance each month is called:
premium
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The cooling off period for purchases that you make from a door to door sale (to cancel) is how many days?
3
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Traveling to Kentucky and not being aware of a law there and breaking it illustrates what "concept" that Mrs. Skinner says frequently?
Ignorance of the law is no excuse!
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If two friends plan to murder someone but are caught in the planning period, they can be charged with this.
Conspiracy
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This additional thing is needed if you have home insurance and want to insure specific valuables.
Rider (or Endorsements)
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If someone cuts a deal with a judge and then, at court, refused to answer any questions and refused to testify, what will he be charged with?
Contempt of Court
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If someone quits before their contract is up, the employer may sue for this.
Breach of Contract
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This agency maintains a website where consumers can find out about product recalls.
CPSC (Consumer Product Safety Commission)
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Which agency at the federal level has the main responsibility for preventing false and misleading advertising?
Federal Trade Commission
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Automobile insurance coverage that covers for damage to your own vehicle rather than damage you do to others in an accident that is your fault would be:
COLLISION
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An alternative to a living will is a ________ power of attorney.
DURABLE (or health care)
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The general reason listed for dissolution of marriage in a no-fault divorce.
Irreconcilable differences
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A legal cancellation of a marriage, as if it never happened.
Annulment
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This term describes a legal doctrine where one who "promised" a gift might be forced to have to give it.
Promissory estoppel
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Having the ability, according to law, to understand the contract and the consequences is which of the six elements of a contract?
Capacity
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Sitting down in a restaurant to order a meal and eating that meal before payment creates this type of contract:
Implied
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The thing of value exchanged between the parties to a contract is called this, one of the six elements of a contract.
Consideration
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According to the parol evidence rule, once a contract is in writing, this cannot change it.
Oral/spoken statements
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Contract Law: Withdrawing an offer BEFORE it is accepted.
Revocation
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What intentional tort would this be? Coming up behind someone, pushing hard into a wall, and breaking their nose.
Battery
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Both a THIEF or an innocent buyer of stolen items would be considered this, under the law.
Converter (conversion doesn't require intent)
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An offense against an INDIVIDUAL is referred to legally as:
A TORT
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The standard of proof in a CRIMINAL CASE for guilt is:
Proof BEYOND a REASONABLE DOUBT
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Damages such as medical bills, lost wages, and pain and suffering would be considered THIS TYPE of damages.
Compensatory/Actual
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This fancy term is when you poll potential jurors to determine their ability serve on the jury.
Voir Dire
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This criminal court event determines if there is sufficient cause to hold the defendant for a criminal trial.
Preliminary hearing
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If a case is appealed, what is said to happen (legal term) if the appellate court says the decision of the prior court was the correct legal decision?
Affirmed (the decision is upheld)
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What person in a courtroom is in charge of logging exhibits and maintaining the calendar/docket?
Clerk
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Which court--small claims, municipal, or circuit court? I parked in a no parking zone in town.
Municipal
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What courts examine transcripts and attorneys present briefs, but no new evidence is accepted and no witnesses testify?
Appellate court
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Negotiator, Mediator or Arbitrator? Which makes decision that BIND an party in a dispute?
Arbitrator
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