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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. 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.






2. The First Amendment guarantee that the government will not create and support an official state church






3. Is strict liability hold a claim if the product or service in question is...






4. A major provider of arbitration services






5. Previously decided cases that are as similar as possible to the one under consideration






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






7. The reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case






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






9. Protects you from unreasonable search and seizure of your home and property






10. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.






11. Jurisdiction that exists when a case can be heard only in a particular court or type of court.






12. A school of legal thought that views the law as a tool for promoting justice in society.






13. The body of laws created by legislative statutes






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






15. Liability without fault. (Strict product liability)






16. 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






17. 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






18. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






19. An amendment to the Constitution of the United States guaranteeing the right of free expression






20. Jurisdiction based on claims against property






21. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)






22. 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.






23. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated






24. Economic model that compares the marginal costs and marginal benefits of a decision






25. The party who appeals a decision of a lower court






26. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






27. 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.






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






29. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






30. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






31. A reference to or a quotation from an authority






32. 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.






33. Law concerned with public wrongs against society






34. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






35. A question asked to determine what is true or to what extent something is true






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






37. An example that is used to justify similar occurrences at a later time






38. Right to bear arms






39. 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.






40. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






41. Set of books containing published court decisions






42. 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.






43. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court






44. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act






45. 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






46. 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)






47. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights






48. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or






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






50. 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.







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