PART I: THE LEGAL ENVIRONMENT OF BUSINESS.
Match the following:
a. Person who files a lawsuit in a trial court.
b. Part of private law dealing with rights and duties of individuals among themselves.
c. A system of law based upon Roman law which depends upon comprehensive legislative enactments and the
inquisitorial system of determining disputes.
d. A system of law first developed in England that relies on the judiciary as a source of law and on the
adversary system for settling disputes.
e. Theory that actions must be judged by their motives and means as well as their results.
f. The law establishing duties which, if violated, constitute a wrong against the entire community. g.
Person against whom a lawsuit is brought.
h. A body of law based upon principles distinct from common law and providing remedies not available at
common law.
i. A court order requiring a party to do or refrain from doing a specified act. j.
A general legal principle formulated by equity courts.
k. Theory which seeks to analyze the type of society that people in a “natural state” would establish if they
could not determine in advance whether they would be talented, rich, healthy, or ambitious relative to other
members of society.
l. Rules for enforcing legal rights and duties.
m. Theory under which individuals look to a central authority to guide their decisions.
n. An equitable remedy rewriting a contract to conform to the original intent of the parties.
o. An equitable remedy invalidating a contract by setting it aside.
p. Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
q. A court order directing a party to perform a contractual duty.
r. The principle found in common law systems that requires courts to apply rules decided by that or a superior
court in prior, substantially similar cases.
s. Basic law that creates, defines, and regulates legal rights and duties. t.
Means by which the law enforces court decisions.
1. stare decisis
2. substantive law
3. procedural law
4. injunction
5. sanctions
6. civil law
7. civil law system
8. ethical fundamentalism
9. equity
10. plaintiff
11. common law system
12. criminal law
13. maxim
14. distributive justice
15. rescission
16. utilitarianism
17. specific performance
18. defendant
19. reformation
20. deontology
Match the following:
a. Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.
b. Jury’s specific written findings on each factual issue.
c. A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.
d. The decision of an arbitrator.
e. The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for
relief.
f. A nonbinding process in which a third party acts as an intermediary between the disputing parties without
proposing solutions.
g. Written questions used in preparation for a trial to obtain sworn answers from the opposing party.
h. A judgment against a defendant who fails to respond to a complaint.
i. A final binding determination on the merits made by the judge after a trial has begun but before the jury
renders a verdict.
j. The pretrial exchange of information between the opposing parties in a lawsuit.
k. Pretrial sworn testimony of an opposing party or other witness, taken out of court.
l. Authority of a court over the parties to a lawsuit in contrast to authority over their property.
m. Authority of a court to hear a case based on claims against property.
n. Examination of potential jurors by the parties’ attorneys or the judge.
o. A nonbinding process in which a third party acts as an intermediary between the disputing parties and
proposes solutions for them to consider.
p. A series of formal, written, responsive statements by each side to a lawsuit, stating claims and defenses.
q. To send back to a lower court for further proceeding.
r. Final, binding determination on the merits made by a judge before trial.
s. The particular geographical place where a court with jurisdiction may hear a case.
t. Petition for discretionary review by a higher court.
21. venue
22. demurrer
23. in personam jurisdiction
ANSWER: l
24. in rem jurisdiction
ANSWER: m
25. mediation
POINTS: 1
26. arbitration
27. award
28. complaint
29. conciliation
30. deposition
31. writ of certiorari
32. directed verdict
33. interrogatories
34. discovery
ANSWER: j
35. pleadings
36. summary judgment
37. remand
38. voir dire
39. special verdict
40. default judgment
Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so.
c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication
has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process
law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and
prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the
states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when
that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another’s business or monetary interest if the publisher
knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another’s property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person‘s reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant’s negligent conduct and that relieves him of liability.
p. The nontrespassory invasion of another’s interest in the private use and enjoyment of his land.
q. A crime that is wrong in itself or morally wrong, such as murder.
r. The intentional infliction of harmful or offensive bodily contact.
s. Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere
occurrence of certain types of events.
t. Conduct which falls below the standard established by law for the protection of others against unreasonable
risk of harm.
u. A plaintiff‘s express or implied consent to encounter a known danger.
v. Division of governing power between the federal government and the states.
w. A federal statute intended to stop organized crime from infiltrating legitimate businesses.
x. A hearing at which the accused is informed of the crime against him and he enters a plea.
y. Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact.
41. federalism
42. rule
43. embezzlement
44. mens rea
45. actus reus
47. mala in se
48. arraignment
ANSWER: x
49. defamation
50. nuisance
51. arbitrary and capricious
52. battery
53. assault
54. negligence
ANSWER: t
57. res ipsa loquitur
58. superseding cause
59. reasonable person
60. assumption of risk
61. preemption
62. burglary
POINTS: 1
63. entrapment
64. disparagement
65. RICO
ANSWER: w