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Test your basic knowledge |
Business Law Test
Start Test
Study First
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. Jurisdiction based on claims against property
Summary jury trials
In rem jurisdiction
Rule of four
Relevant evidence
2. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Negligence
Justicable controversy
Natural law
Contributory negligence
3. To be on the land of another without right or permission of the owner
Trespass to land
Cyber torts
Closing argument
Torts(Wrongs)
4. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Jurisdiction
Venue
due proccess clause
5. The power to speak the law.
Common law
Jurisdiction
Malpractice
Probate courts
6. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Strict liability
Precedent
Motion for judgement as a matter of law
Cyberlaw
7. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Principle of rights
Eighth Amendment
American Arbitration Association
Long arm statue
8. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Federal question
Areas of Law that may affect business decision making
Torts(Wrongs)
9. Need a set of laws so that commerce is possible; can't have different laws in every state for business. Uniform Commercial Code. Uniform Partnernship Act. Most states adopt them but not in the exact same form
Rejoinder
uniform laws
Direct examination
law
10. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Award
Exclusive Jurisdiction
Opinions
In rem jurisdiction
11. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
fradulent Misrepresentation
Contributory negligence
Motion for judgement on the pleadings
12. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
Areas of Law that may affect business decision making
Constitutional Law
Trespass to personal property
Malpractice
13. 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
Arbitration
Stare Decisis and legal Reasoning
Search warrant
Police powers
14. The clause in the Constitution (Article I - Section 8 - Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Motion for judgement on the pleadings
Damages
Commerce clause
Fourth Amendment
15. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
fradulent Misrepresentation
Trade libel
Business Ethics
importance of common law
16. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Trade libel
Writ of certiorari
State Jurisdiction
Stare Decisis and legal Reasoning
17. A wrongful act that the actor had no right to do
Direct examination
Opinions
Malpractice
Summons
18. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Administrative agency
Case Precedents and the doctrine of stare decisis
Probate courts
19. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Trespass to personal property
Arbitrability
jurisprudence
20. The body of rules and regulations and orders and decisions created by administrative agencies of government
Malpractice
Administrative law
Filtering software
Jurisdiction
21. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
ordinaces
Alternative dispute resolution
Writ of certiorari
22. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Federal form of government
laches
Motion for judgement on the pleadings
Bankruptcy courts
23. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
dram shop acts
Equal protection clause
Origins Of Common Law
Defenses to negligence
24. (civil law) a law established by following earlier judicial decisions
Case law
Probate courts
Closing argument
Commerce clause
25. A reference to or a quotation from an authority
diversity of citizenship
citation
Areas of Law that may affect business decision making
Equal protection clause
26. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Early neutral case evaluation
Ethical reasoning
Symbolic speech
Checks and balances
27. A basis for federal court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country and citizens of a state of of different states - or (3) citizens of a state and citizens or subjects of a foreign country. The amount
Strict product liability
Business invitees
When constitutional lawz apply
diversity of citizenship
28. 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
Litigation
Statutory Law
establishment clause
Pretrial motions
29. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent
Reporters
Origins Of Common Law
Arbitration
When constitutional lawz apply
30. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Syllogism
Default judgement
Sixth Amendment
Courts of equity
31. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Opinions
Corporate social responsibility
Arbitrability
32. (law) a pleading made by a defendant in response to the plaintiff's replication
Rejoinder
Default judgement
Federal question
Ethical reasoning
33. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Trespass to personal property
Courts of equity
Statues of limitation
Natural law
34. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Privileges and and immunities clause
Equitable maxims
State Jurisdiction
Brief
35. An act or omission without which an event would not have occurred.
Causation in fact
Full faith and credit clause
Summary jury trials
laches
36. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Precedent
Corporate social responsibility
Seventh Amendment
Online dispute resolution
37. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
Rejoinder
Pleadings
Motion for judgement as a matter of law
38. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.
Slander of quality
Standing to sue
Areas of Law that may affect business decision making
Motion for a new trial
39. 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
Remedies
In rem jurisdiction
Res ipsa loquitur
Full faith and credit clause
40. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
Petitioner
State level appeal eligibility
Free exercise clause
Disparagement of property
41. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Comparative negligence
Early neutral case evaluation
Sociological school
42. 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
State level appeal eligibility
Motion for judgement on the pleadings
Commerce clause
uniform laws
43. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England
Affirmative defense
Origins Of Common Law
establishment clause
Principle of rights
44. Right to bear arms
Service of process
Second Amendment
Police powers
Summons
45. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Hearsay
Affirmative defense
Remedies of Law
Probable cause
46. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Legal and Equitable Remedies
abnormally dangerous
tilitarinism
Award
47. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Cross-examination
Legal reasoning
Filtering software
First Amendment
48. A claim filed in opposition to another claim in a legal action
Slander of quality
Sixth Amendment
Counterclaim
Hearsay
49. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Strict product liability
Arbitration
Case Precedents and the doctrine of stare decisis
positive law
50. 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
State level appeal eligibility
Slander of title
Proximate cause
Legal and Equitable Remedies