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Business Law Test

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. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children






2. Liability without fault. (Strict product liability)






3. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






4. Automotic appeal based on procedure/law. appeal cannot be made on a error of fact. Car accident example. procedure - wrong court date. law - issue of law is wrong. U.S. Supreme Court appeal is still possible with permission(write of certerori)






5. 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






6. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.






7. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.






8. A claim filed in opposition to another claim in a legal action






9. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






10. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.






11. A reference to or a quotation from an authority






12. 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






13. 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.






14. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






15. The government may not house soldiers in private homes without consent of the owner






16. On the premises fr the potential financial benefit of the occupier






17. A clause in a contract providing for arbitration of disputes arising under the contract






18. Highest official of a monarch. Granted new an unique remedies.






19. Set of books containing published court decisions






20. Private proceeding in which each party to a dispute argues its position before the other side - and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement






21. The rules governing the manner in which civil cases are brough in and progress through the federal courts






22. In a lawsuit - an issue involving the application or interpretation of a law. Only a judge - not a jury - can rule on questions of law.






23. Jurisdiction based on claims against property






24. 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






25. 1. employee activity within scope of employment 2. employee is negligent






26. A brief outline of what the defendant and the plaintiff will try to prove.






27. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






28. The preponderance of evidence which means more likely then not.






29. Rules governing the admissibility of evidence in trial courts.






30. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons






31. Authority shared by both federal and state courts






32. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based






33. 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






34. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.






35. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






36. (law) the right and power to interpret and apply the law






37. A body of rulings made by judges that become part of a nation's legal system






38. An act or omission without which an event would not have occurred.






39. 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






40. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






41. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






42. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






43. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.






44. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






45. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






46. The body of conventional - or written - law of a particular society at a particular point in time.






47. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






48. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






49. Negate the claim of negligence(assumption of risk - superceding intervening clause)






50. 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