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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. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Arbitrability
Privileges and and immunities clause
Pleadings
establishment clause
2. The power to speak the law.
Checks and balances
Jurisdiction
Areas of Law that may affect business decision making
jurisprudence
3. (law) the right and power to interpret and apply the law
Negotiation
Business invitees
Jurisdiction
positive law
4. 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.
Natural law
Syllogism
Disparagement of property
Standing to sue
5. A clause in a contract providing for arbitration of disputes arising under the contract
Online dispute resolution
Arbitration clause
Disparagement of property
Sixth Amendment
6. (law) a pleading made by a defendant in response to the plaintiff's replication
fradulent Misrepresentation
Slander of title
Courts of law
Rejoinder
7. 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.
importance of common law
Sixth Amendment
Probable cause
Slander of title
8. 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.
Sixth Amendment
Punitive damages
Cross-examination
When constitutional lawz apply
9. The location where something takes place - esp. a trial
Statutory Law
Answer
Symbolic speech
Venue
10. 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
Bill of Rights
Eighth Amendment
Categorical imperative
Search warrant
11. The government may not house soldiers in private homes without consent of the owner
Alleges
Rules of evidence
Third Amendment
Slander of quality
12. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Complaint
breaches
Stare Decisis and legal Reasoning
Civil Law
13. (law) evidence sufficient to warrant an arrest or search and seizure
Sixth Amendment
Probable cause
Rejoinder
Default judgement
14. Drawing a comparison in order to show a similarity in some respect
Analogy
Online dispute resolution
Rebuttal
Seventh Amendment
15. 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
ordinaces
uniform laws
Business Ethics
Award
16. 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
Negligence
Motion for a new trial
citation
Closing argument
17. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
Natural law
State Jurisdiction
Courts of law
18. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Burden of proof
Jurisdiction
Administrative law
Federal Jurisdiction
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.
dram shop acts
Motion for a new trial
Arbitrability
Default judgement
20. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Administrative law
diversity of citizenship
Courts of equity
Defenses to negligence
21. Right to bear arms
Third Amendment
Motion for judgement on the pleadings
Second Amendment
uniform laws
22. Previously decided cases that are as similar as possible to the one under consideration
Respondent
Cases on point
Historical school
Bankruptcy courts
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.
Fifth Amendment
State and Federal Court Systems
Natural law
Symbolic speech
24. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Seventh Amendment
Trade libel
Trespass to land
Hearsay
25. The principle pleading by the defendant in response to plaintiff's complaint
Areas of Law that may affect business decision making
Causation in fact
Answer
citation
26. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Bankruptcy courts
Summons
Cost-benefit analysis
Rule of four
27. (law) the initial questioning of a witness by the party that called the witness
Ethical reasoning
Direct examination
Chancellor
Motion for judgement on the pleadings
28. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
positive law
Federal Jurisdiction
Equal protection clause
Venue
29. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Venue
Eighth Amendment
Common law
Burden of proof
30. 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
Federal Rules of Civil Procedure
due proccess clause
Corporate social responsibility
Filtering software
31. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Rules of evidence
breaches
Default judgement
Cost-benefit analysis
32. The body of conventional - or written - law of a particular society at a particular point in time.
Justicable controversy
Motion for a new trial
positive law
First Amendment
33. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
In rem jurisdiction
Trespass to personal property
Rules of evidence
Justicable controversy
34. The preponderance of evidence which means more likely then not.
Writ of certiorari
Burden of proof
Trespass to land
Common law
35. The party who appeals a decision of a lower court
Standing to sue
Appellant
Fourth Amendment
citation
36. The courts that awarded compensation back in English Realm
due proccess clause
Categorical imperative
Courts of law
Full faith and credit clause
37. 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.
Online dispute resolution
Ninth Amendment
Affirmative defense
Respondent Superior
38. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.
Award
Historical school
Probable cause
Privileges and and immunities clause
39. Claims
Legal reasoning
Alleges
Cost-benefit analysis
Checks and balances
40. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Relevant evidence
Causation in fact
Categorical imperative
Long arm statue
41. 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
Courts of equity
Search warrant
Privileges and and immunities clause
42. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Sixth Amendment
Motion for judgement on the pleadings
Case law
43. The act of delivering a writ or summons upon someone
voir dire
Service of process
Complaint
Origins Of Common Law
44. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Rule of four
Damages
fradulent Misrepresentation
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
Alternative dispute resolution
When constitutional lawz apply
Tenth Amendment
Writ of execution
46. A wrongful act that the actor had no right to do
Malpractice
Business invitees
Cyberlaw
In rem jurisdiction
47. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Remedies
Cyberlaw
Independent regulatory agencies
Tenth Amendment
48. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Areas of Law that may affect business decision making
uniform laws
American Arbitration Association
49. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case
Justicable controversy
Constitutional Law
Motion for a new trial
Disparagement of property
50. An act or omission without which an event would not have occurred.
Direct examination
Principle of rights
positivist school
Causation in fact
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