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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. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act






2. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






3. 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






4. 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






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






6. Law concerned with public wrongs against society






7. A legal proceeding in a court






8. Three remedies known as land - items of value - or money






9. Right to a trial by jury






10. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






11. (law) evidence sufficient to warrant an arrest or search and seizure






12. 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.






13. On the premises fr the potential financial benefit of the occupier






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






15. 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.






16. (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






17. 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)






18. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






19. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.






20. 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






21. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






22. Judges must abide by precedents in thier jurisdictions.






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






24. 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






25. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati






26. 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






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






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






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






30. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement






31. 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.






32. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated






33. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






34. A body of rulings made by judges that become part of a nation's legal system






35. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court






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






37. A final judgment for one side in a lawsuit without trial when a judge finds based on pleadings - affidavits - and depositions that there is no genuine factual issue in the lawsuit






38. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.






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






40. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society






41. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction






42. 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.






43. 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.






44. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






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






46. The courts that awarded compensation back in English Realm






47. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.






48. Party who defends an appeal






49. Liability without fault. (Strict product liability)






50. A question asked to determine what is true or to what extent something is true