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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. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Trespass to land
When constitutional lawz apply
voir dire
Compensatory damages
2. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Motion for a directed verdict
Categorical imperative
Fourth Amendment
Small Claims courts
3. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
Rule of four
Trespass to personal property
citation
4. Courts that handle cases that involve less than $5000
In rem jurisdiction
Common law
Appellee
Small Claims courts
5. 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.
Motion for a directed verdict
Federal Jurisdiction
Standing to sue
Affirmative defense
6. Wrongs
Opinions
Criminal law
Search warrant
Torts(Wrongs)
7. Torts committed via the internet
Cyber torts
uniform laws
Principle of rights
Alternative dispute resolution
8. 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.
Remedies of Law
Binding authority
Causation in fact
Disparagement of property
9. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Rebuttal
Federal Rules of Civil Procedure
Venue
Good samaritan statues
10. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
voir dire
Police powers
Trade libel
Remedies of Law
11. 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.
First Amendment
Torts(Wrongs)
Seventh Amendment
Motion for a new trial
12. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Punitive damages
Early neutral case evaluation
Cross-examination
Filtering software
13. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Second Amendment
Motion
uniform laws
Respondent
14. (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
Writ of certiorari
uniform laws
Stages in an A Typical Lawsuit
Burden of proof
15. Relieve you of some liability when reasonable care is used
Good samaritan statues
Absolute bar
Origins Of Common Law
Pleadings
16. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
fradulent Misrepresentation
Good samaritan statues
Ninth Amendment
Comparative negligence
17. The principle pleading by the defendant in response to plaintiff's complaint
positivist school
Answer
Long arm statue
American Arbitration Association
18. A wrongful act that the actor had no right to do
voir dire
Affirmative defense
Malpractice
Venue
19. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Writ of execution
Origins Of Common Law
Online dispute resolution
Probable cause
20. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
jurisprudence
Absolute bar
Seventh Amendment
Strict product liability
21. Protects you from unreasonable search and seizure of your home and property
Motion for a new trial
In rem jurisdiction
Fourth Amendment
Civil Law
22. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Independent regulatory agencies
Federal form of government
Relevant evidence
23. 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
Motion for judgement on the pleadings
uniform laws
Exclusive Jurisdiction
Checks and balances
24. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Opinions
Negotiation
Equitable maxims
Fifth Amendment
25. 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)
Trade libel
Search warrant
State level appeal eligibility
Second Amendment
26. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Free exercise clause
Ethical reasoning
diversity of citizenship
Opinions
27. A major provider of arbitration services
Compensatory damages
American Arbitration Association
In rem jurisdiction
Brief
28. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Burden of proof
laches
Common law
Respondent
29. 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
Mini-trial
abnormally dangerous
Opinions
Tenth Amendment
30. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Trespass to land
Alternative dispute resolution
Motion for a directed verdict
31. Someone who petitions a court for redress of a grievance or recovery of a right
laches
Proximate cause
Summary jury trials
Petitioner
32. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
law
Federal form of government
Good samaritan statues
Privileges and and immunities clause
33. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
Affirmative defense
Pleadings
Tenth Amendment
tilitarinism
34. In order to bring a lawsuit before a court a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system
Strict product liability
Standing to sue
Arbitrability
Motion
35. 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.
Statutory Law
Police powers
Commerce clause
Federal form of government
36. 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
citation
Principle of rights
diversity of citizenship
Damages
37. 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
Legal and Equitable Remedies
Counterclaim
dram shop acts
Respondent Superior
38. An example that is used to justify similar occurrences at a later time
Brief
Third Amendment
Binding authority
Precedent
39. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Checks and balances
Respondent Superior
Cost-benefit analysis
Cyberlaw
40. 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
Cyber torts
Equal protection clause
Question of law
41. 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.
Closing argument
Service of process
Venue
Proximate cause
42. Drawing a comparison in order to show a similarity in some respect
Online dispute resolution
Checks and balances
Analogy
Historical school
43. Negate the claim of negligence(assumption of risk - superceding intervening clause)
abnormally dangerous
Absolute bar
Compensatory damages
Rebuttal
44. Authority shared by both federal and state courts
citation
Relevant evidence
Concurrent Jurisdiction
Civil Law
45. 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.
Police powers
Business invitees
Slander of title
Award
46. 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.
Litigation
Sixth Amendment
Rejoinder
Contributory negligence
47. 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.
In rem jurisdiction
Disparagement of property
Motion for a directed verdict
Common law
48. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Business Ethics
Checks and balances
Comparative negligence
Ninth Amendment
49. 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
In rem jurisdiction
Motion for judgement as a matter of law
Legal reasoning
Corporate social responsibility
50. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Administrative agency
Damages
Res ipsa loquitur
Full faith and credit clause