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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. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Compensatory damages
Full faith and credit clause
First Amendment
Federal Jurisdiction
2. 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.
Administrative agency
positivist school
Rule of four
Service of process
3. Right to bear arms
Principle of rights
Cross-examination
Second Amendment
fradulent Misrepresentation
4. 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.
Jurisdiction
Police powers
Full faith and credit clause
Rejoinder
5. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
Rejoinder
Litigation
positivist school
Independent regulatory agencies
6. An order to appear in person at a given place and time
Summons
Appellant
Comparative negligence
Opening statements
7. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Strict product liability
Summons
Jurisdiction
State Jurisdiction
8. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Mini-trial
Proximate cause
diversity of citizenship
Historical school
9. 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.
State and Federal Court Systems
Slander of quality
dram shop acts
Slander of title
10. The location where something takes place - esp. a trial
Malpractice
establishment clause
Federal form of government
Venue
11. 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)
State level appeal eligibility
laches
Eighth Amendment
Res ipsa loquitur
12. 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
Proximate cause
Reporters
Symbolic speech
Arbitration
13. 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.
Opinions
uniform laws
Bill of Rights
Motion for a directed verdict
14. Someone who petitions a court for redress of a grievance or recovery of a right
Petitioner
Independent regulatory agencies
Sixth Amendment
Writ of execution
15. 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
Online dispute resolution
Case Precedents and the doctrine of stare decisis
Standing to sue
Legal and Equitable Remedies
16. 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
Alleges
Small Claims courts
Legal reasoning
fradulent Misrepresentation
17. The act of delivering a writ or summons upon someone
dram shop acts
Analogy
Corporate social responsibility
Service of process
18. (law) the initial questioning of a witness by the party that called the witness
Answer
Motion for judgement as a matter of law
Direct examination
Remedies
19. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
Strict product liability
Torts(Wrongs)
Complaint
20. The party who appeals a decision of a lower court
Malpractice
Probate courts
Motion
Appellant
21. (law) evidence sufficient to warrant an arrest or search and seizure
Respondent
Probable cause
Opinions
First Amendment
22. The body of laws created by legislative statutes
Counterclaim
Statutory Law
Motion for judgement on the pleadings
Mini-trial
23. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Precedent
Legal reasoning
In rem jurisdiction
Symbolic speech
24. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Opening statements
Assumption of risk
Federal question
Counterclaim
25. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
breaches
Negotiation
Burden of proof
Federal Rules of Civil Procedure
26. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Jurisdiction
Good samaritan statues
Administrative law
Complaint
27. A question asked to determine what is true or to what extent something is true
State Jurisdiction
Statues of limitation
Legal and Equitable Remedies
Question of fact
28. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Remedies of Law
Opinions
Damages
Commerce clause
29. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Direct examination
Motion
Closing argument
Strict product liability
30. 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
Constitutional Law
Motion
Negligence
positive law
31. 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.
Award
Question of law
Rebuttal
Contributory negligence
32. 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.
Question of fact
Disparagement of property
Jurisdiction
Reporters
33. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
When constitutional lawz apply
Federal form of government
Service of process
importance of common law
34. 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.
Cyber torts
uniform laws
State Jurisdiction
Motion for a new trial
35. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Remedies
Defenses to negligence
Natural law
Historical school
36. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
Writ of execution
Chancellor
Punitive damages
Long arm statue
37. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Alleges
Opinions
Complaint
breaches
38. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Courts of equity
Absolute bar
Ninth Amendment
39. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Respondent
Legal and Equitable Remedies
Answer
voir dire
40. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Constitutional Law
Respondent Superior
Courts of equity
Standing to sue
41. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
voir dire
Small Claims courts
Seventh Amendment
Rule of four
42. On the premises fr the potential financial benefit of the occupier
Negligence
Business invitees
Legal and Equitable Remedies
Compensatory damages
43. A claim filed in opposition to another claim in a legal action
Defense
dram shop acts
Counterclaim
Origins Of Common Law
44. A court will award money or other relief to a party injured by a breach of contract
Sixth Amendment
Counterclaim
Remedies
Reporters
45. An example that is used to justify similar occurrences at a later time
Mini-trial
Precedent
Ninth Amendment
Syllogism
46. A reference to or a quotation from an authority
citation
Legal reasoning
Long arm statue
Common law
47. To be on the land of another without right or permission of the owner
Administrative law
Trespass to land
Slander of quality
Fourth Amendment
48. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Rebuttal
Remedies
Independent regulatory agencies
Courts of equity
49. 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.
Categorical imperative
Good samaritan statues
Sixth Amendment
Trade libel
50. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Legal realism
Federal question
Cases on point
citation
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