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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. 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
Summons
Rule of four
Probate courts
Motion for a directed verdict
2. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Case Precedents and the doctrine of stare decisis
positive law
Writ of certiorari
Categorical imperative
3. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion for judgement as a matter of law
positivist school
Strict liability
Service of process
4. 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.
Hearsay
Early neutral case evaluation
Analogy
Administrative agency
5. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Reporters
breaches
Respondent Superior
Fifth Amendment
6. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Administrative agency
Assumption of risk
due proccess clause
Third Amendment
7. A major provider of arbitration services
Small Claims courts
Hearsay
American Arbitration Association
uniform laws
8. A reference to or a quotation from an authority
citation
Jurisdiction
Malpractice
Writ of execution
9. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Civil Law
Compensatory damages
tilitarinism
Writ of certiorari
10. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Corporate social responsibility
Punitive damages
Cyber torts
establishment clause
11. 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
Cyberlaw
establishment clause
Federal Jurisdiction
12. (law) a pleading made by a defendant in response to the plaintiff's replication
Corporate social responsibility
Arbitrability
voir dire
Rejoinder
13. Party who defends an appeal
Direct examination
Full faith and credit clause
Standing to sue
Appellee
14. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
ordinaces
due proccess clause
Good samaritan statues
15. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Respondent Superior
Historical school
Search warrant
Concurrent Jurisdiction
16. 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.
Cyberlaw
Punitive damages
Tenth Amendment
Arbitrability
17. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Counterclaim
Trespass to land
Stare Decisis and legal Reasoning
Arbitrability
18. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Courts of law
Complaint
Brief
Writ of certiorari
19. 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
Cyberlaw
Independent regulatory agencies
Summary jury trials
Torts(Wrongs)
20. Any source of law that a court must follow when deciding a case. This includes constitutions - statues - and regulations - that govern the issue being decided - as well as previous court decisions in the same jurisdiction.
Legal reasoning
Binding authority
Federal Rules of Civil Procedure
Appellant
21. The body of laws created by legislative statutes
Litigation
tilitarinism
Tenth Amendment
Statutory Law
22. Occurs when one party to a contract is not given full or accurate information by the other party about the contract subject matter - Intentional misrepresentation of material fact - reasonably relied on by plaintiff resulting in damages
fradulent Misrepresentation
Statutory Law
Motion for a directed verdict
Opening statements
23. The power to speak the law.
Jurisdiction
Counterclaim
Summons
Administrative agency
24. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Long arm statue
Burden of proof
Respondent Superior
Appellant
25. Specific length of time an individual can sue for injury resulting from negligence
Commerce clause
Early neutral case evaluation
Second Amendment
Statues of limitation
26. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Defense
Respondent
Commerce clause
27. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Second Amendment
Federal form of government
uniform laws
28. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
uniform laws
importance of common law
Closing argument
Petitioner
29. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Eighth Amendment
Jurisdiction
Corporate social responsibility
30. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Complaint
Bankruptcy courts
Historical school
31. 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
Reporters
Natural law
Tenth Amendment
Mini-trial
32. 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.
Question of law
Probate courts
Sixth Amendment
Defenses to negligence
33. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Exclusive Jurisdiction
dram shop acts
Strict product liability
State level appeal eligibility
34. 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
abnormally dangerous
Litigation
Legal reasoning
Case law
35. 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
Answer
In rem jurisdiction
Cross-examination
Bill of Rights
36. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Jurisdiction
Police powers
Direct examination
Exclusive Jurisdiction
37. Jurisdiction based on claims against property
Venue
law
In rem jurisdiction
Litigation
38. The publication of false information about another's product - alleging that it is not what its seller claims.
Motion for judgement on the pleadings
Slander of quality
Eighth Amendment
Equal protection clause
39. Liability without fault. (Strict product liability)
Administrative law
fradulent Misrepresentation
Strict liability
Stages in an A Typical Lawsuit
40. 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
Natural law
Assumption of risk
uniform laws
Fifth Amendment
41. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Complaint
Writ of execution
positivist school
Comparative negligence
42. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
ordinaces
breaches
Arbitration clause
Probate courts
43. An order to appear in person at a given place and time
Commerce clause
Summary jury trials
Summons
Reporters
44. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
In rem jurisdiction
Damages
Legal realism
Ethical reasoning
45. 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
Remedies of Law
Affirmative defense
Writ of execution
Principle of rights
46. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Remedies
Symbolic speech
Alternative dispute resolution
Administrative agency
47. Drawing a comparison in order to show a similarity in some respect
Legal realism
Fifth Amendment
Sociological school
Analogy
48. A wrongful act that the actor had no right to do
Equitable maxims
Free exercise clause
Malpractice
State Jurisdiction
49. 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.
Federal Rules of Civil Procedure
Commerce clause
Appellant
positive law
50. Highest official of a monarch. Granted new an unique remedies.
Chancellor
Common law
Bill of Rights
Small Claims courts