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Business Law Test
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Subjects
:
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Fifth Amendment
abnormally dangerous
Alternative dispute resolution
Legal reasoning
2. A major provider of arbitration services
Arbitration clause
breaches
American Arbitration Association
Concurrent Jurisdiction
3. The power to speak the law.
Statues of limitation
Jurisdiction
Affirmative defense
Checks and balances
4. Assumption of risk - Superseding cause - and contributory and comparative negligence.
citation
Petitioner
Syllogism
Defenses to negligence
5. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
In rem jurisdiction
Long arm statue
in personam jurisdiction
Categorical imperative
6. An act or omission without which an event would not have occurred.
Federal form of government
Ninth Amendment
Causation in fact
Absolute bar
7. Judges must abide by precedents in thier jurisdictions.
Fourth Amendment
Case Precedents and the doctrine of stare decisis
Courts of equity
Online dispute resolution
8. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Seventh Amendment
Online dispute resolution
Federal question
Search warrant
9. Propositions or general statements of equitable rules
Malpractice
Absolute bar
Equitable maxims
Negligence
10. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Pretrial motions
Litigation
Courts of law
Good samaritan statues
11. A final judgment for one side in a lawsuit without trial when a judge finds based on pleadings - affidavits - and depositions that there is no genuine factual issue in the lawsuit
Syllogism
Small Claims courts
Pretrial motions
Motion for judgement on the pleadings
12. The courts that awarded compensation back in English Realm
American Arbitration Association
Courts of law
Stare Decisis and legal Reasoning
Mini-trial
13. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Long arm statue
In rem jurisdiction
Principle of rights
Comparative negligence
14. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Burden of proof
Assumption of risk
Jurisdiction
15. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Tenth Amendment
Legal and Equitable Remedies
Motion for judgement on the pleadings
Slander of quality
16. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important
In rem jurisdiction
Fifth Amendment
Closing argument
Business invitees
17. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Natural law
Historical school
establishment clause
Absolute bar
18. A wrongful act that the actor had no right to do
Malpractice
Third Amendment
Constitutional Law
Equal protection clause
19. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Principle of rights
State and Federal Court Systems
Rules of evidence
When constitutional lawz apply
20. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Small Claims courts
Early neutral case evaluation
Bankruptcy courts
Motion for a new trial
21. Right to bear arms
Historical school
Second Amendment
importance of common law
Summary jury trials
22. (law) the initial questioning of a witness by the party that called the witness
Counterclaim
Seventh Amendment
Standing to sue
Direct examination
23. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Federal form of government
Opening statements
diversity of citizenship
Natural law
24. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Trespass to personal property
Areas of Law that may affect business decision making
Respondent Superior
Privileges and and immunities clause
25. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
State Jurisdiction
Categorical imperative
Slander of title
Motion for judgement as a matter of law
26. A claim filed in opposition to another claim in a legal action
Counterclaim
Administrative law
Negotiation
Alleges
27. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Cases on point
Defense
Motion for a directed verdict
In rem jurisdiction
28. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
voir dire
Origins Of Common Law
Summary jury trials
Motion for judgement on the pleadings
29. Liability without fault. (Strict product liability)
Strict liability
jurisprudence
Rules of evidence
Motion for a directed verdict
30. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
In rem jurisdiction
Punitive damages
Respondent Superior
breaches
31. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Courts of equity
Case law
American Arbitration Association
dram shop acts
32. (law) a pleading made by a defendant in response to the plaintiff's replication
Summary jury trials
Compensatory damages
Rejoinder
Good samaritan statues
33. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Police powers
Motion for a new trial
Sixth Amendment
Compensatory damages
34. A condensed written summary or abstract
Standing to sue
Writ of certiorari
Natural law
Brief
35. Party who defends an appeal
Origins Of Common Law
Appellee
Contributory negligence
Remedies
36. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Seventh Amendment
Brief
fradulent Misrepresentation
Natural law
37. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Police powers
Slander of title
Eighth Amendment
Summary jury trials
38. The body of laws created by legislative statutes
State Jurisdiction
Case Precedents and the doctrine of stare decisis
Probable cause
Statutory Law
39. If the injured party can be made whole by receiving something of economic value - the remedy is a legal remedy [damages] - if a remedy at law is inadequate - a litigant may seek a remedy in equity - which involves notions of fair dealing and justice
uniform laws
tilitarinism
Legal and Equitable Remedies
Litigation
40. The body of rules and regulations and orders and decisions created by administrative agencies of government
Rebuttal
Jurisdiction
Motion for a new trial
Administrative law
41. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati
Probate courts
Stages in an A Typical Lawsuit
Arbitrability
Brief
42. A reference to or a quotation from an authority
Complaint
Civil Law
citation
Statues of limitation
43. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Disparagement of property
Syllogism
Negotiation
Principle of rights
44. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Petitioner
Pleadings
Alternative dispute resolution
Federal question
45. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Corporate social responsibility
Direct examination
Appellant
In rem jurisdiction
46. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
dram shop acts
Motion for judgement as a matter of law
Full faith and credit clause
establishment clause
47. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Public Policy
Bill of Rights
Federal Rules of Civil Procedure
Federal question
48. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.
Second Amendment
Federal Rules of Civil Procedure
Areas of Law that may affect business decision making
Slander of title
49. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Opinions
Writ of certiorari
importance of common law
due proccess clause
50. Enforcable rules governing relationships among individuals and between individuals and thier society.
Service of process
Alternative dispute resolution
law
Cross-examination
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