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Business Law Test

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.






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






3. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






4. Courts that handle cases that involve less than $5000






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.






6. Wrongs






7. Torts committed via the internet






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.






9. The rules governing the manner in which civil cases are brough in and progress through the federal courts






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.






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.






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.






13. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.






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






15. Relieve you of some liability when reasonable care is used






16. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






17. The principle pleading by the defendant in response to plaintiff's complaint






18. A wrongful act that the actor had no right to do






19. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.






20. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.






21. Protects you from unreasonable search and seizure of your home and property






22. An amendment to the Constitution of the United States guaranteeing the right of free expression






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






24. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






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)






26. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






27. A major provider of arbitration services






28. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






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






30. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






31. Someone who petitions a court for redress of a grievance or recovery of a right






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






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.






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






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.






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






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






38. An example that is used to justify similar occurrences at a later time






39. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.






40. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






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.






42. Drawing a comparison in order to show a similarity in some respect






43. Negate the claim of negligence(assumption of risk - superceding intervening clause)






44. Authority shared by both federal and state courts






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.






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.






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.






48. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






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






50. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened