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Test your basic knowledge |
Business Law Test
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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. Right to a trial by jury
Seventh Amendment
Sociological school
diversity of citizenship
Jurisdiction
2. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Fifth Amendment
Contributory negligence
Independent regulatory agencies
ordinaces
3. 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)
establishment clause
Federal form of government
Slander of title
State level appeal eligibility
4. 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
Absolute bar
Origins Of Common Law
Cyber torts
Syllogism
5. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Cases on point
fradulent Misrepresentation
abnormally dangerous
6. Courts that handle cases that involve less than $5000
Eighth Amendment
Rebuttal
Small Claims courts
Categorical imperative
7. 1. employee activity within scope of employment 2. employee is negligent
Courts of equity
Arbitration
Rejoinder
Respondent Superior
8. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Probate courts
In rem jurisdiction
importance of common law
Corporate social responsibility
9. A reference to or a quotation from an authority
citation
Pleadings
in personam jurisdiction
Compensatory damages
10. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Analogy
Legal realism
Alleges
in personam jurisdiction
11. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Case Precedents and the doctrine of stare decisis
Hearsay
Jurisdiction
Opinions
12. 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
in personam jurisdiction
Police powers
Summary jury trials
Negligence
13. Liability without fault. (Strict product liability)
Service of process
Corporate social responsibility
Strict liability
positive law
14. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.
voir dire
Categorical imperative
Proximate cause
citation
15. 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.
In rem jurisdiction
Filtering software
Assumption of risk
Remedies of Law
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
Historical school
Legal reasoning
Assumption of risk
Absolute bar
17. The First Amendment guarantee that the government will not create and support an official state church
Probate courts
establishment clause
Rules of evidence
Seventh Amendment
18. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Legal and Equitable Remedies
Areas of Law that may affect business decision making
voir dire
Proximate cause
19. 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.
Motion for a new trial
Negligence
Police powers
When constitutional lawz apply
20. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Seventh Amendment
Symbolic speech
Analogy
Privileges and and immunities clause
21. A condensed written summary or abstract
Online dispute resolution
Punitive damages
Brief
Checks and balances
22. A question asked to determine what is true or to what extent something is true
Direct examination
positivist school
Question of fact
Full faith and credit clause
23. (civil law) a law established by following earlier judicial decisions
Equitable maxims
Case law
Rules of evidence
Appellee
24. Law concerned with public wrongs against society
positive law
Criminal law
law
Online dispute resolution
25. Economic model that compares the marginal costs and marginal benefits of a decision
Summons
Eighth Amendment
Cyber torts
Cost-benefit analysis
26. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rule of four
Early neutral case evaluation
Arbitrability
Motion for a directed verdict
27. A major provider of arbitration services
fradulent Misrepresentation
Third Amendment
American Arbitration Association
Remedies of Law
28. Authority shared by both federal and state courts
Federal question
Concurrent Jurisdiction
Rebuttal
Malpractice
29. 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
abnormally dangerous
First Amendment
Arbitration clause
diversity of citizenship
30. Highest official of a monarch. Granted new an unique remedies.
positive law
Small Claims courts
Legal reasoning
Chancellor
31. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Arbitrability
Writ of certiorari
Third Amendment
Ethical reasoning
32. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Summary jury trials
Business Ethics
Arbitration clause
33. A brief outline of what the defendant and the plaintiff will try to prove.
Symbolic speech
Strict liability
Analogy
Opening statements
34. Jurisdiction based on claims against property
In rem jurisdiction
Slander of title
Opening statements
Respondent
35. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Natural law
Fifth Amendment
jurisprudence
Free exercise clause
36. 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.
Disparagement of property
Complaint
Trade libel
Motion for a new trial
37. 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.
Slander of title
Principle of rights
Rules of evidence
Historical school
38. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Proximate cause
jurisprudence
Defense
importance of common law
39. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Affirmative defense
Principle of rights
Syllogism
40. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Federal Rules of Civil Procedure
Equal protection clause
Negotiation
Alternative dispute resolution
41. A legal proceeding in a court
Equal protection clause
Litigation
Privileges and and immunities clause
Rules of evidence
42. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Question of law
Free exercise clause
Defenses to negligence
Slander of quality
43. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
dram shop acts
Cases on point
Opinions
Civil Law
44. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Legal realism
Remedies of Law
Motion for judgement as a matter of law
voir dire
45. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Good samaritan statues
Eighth Amendment
Small Claims courts
Ethical reasoning
46. Three remedies known as land - items of value - or money
breaches
Remedies of Law
Motion for judgement on the pleadings
Historical school
47. Party who defends an appeal
Seventh Amendment
Comparative negligence
Corporate social responsibility
Appellee
48. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Slander of title
Exclusive Jurisdiction
Pleadings
citation
49. 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
Legal and Equitable Remedies
Bankruptcy courts
fradulent Misrepresentation
due proccess clause
50. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
Contributory negligence
Rebuttal
First Amendment
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