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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. 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
dram shop acts
Justicable controversy
Legal realism
2. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Appellant
Ninth Amendment
Award
Constitutional Law
3. A wrongful act that the actor had no right to do
Malpractice
Pleadings
Reporters
Writ of execution
4. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Strict product liability
Litigation
Privileges and and immunities clause
Small Claims courts
5. Right to a trial by jury
Venue
Seventh Amendment
Remedies of Law
Federal form of government
6. The act of changing location from one place to another
Brief
Legal reasoning
Motion
Exclusive Jurisdiction
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.
Fourth Amendment
Respondent
Common law
Slander of title
8. Claims
Respondent
Motion for judgement as a matter of law
Legal realism
Alleges
9. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Categorical imperative
Stare Decisis and legal Reasoning
Good samaritan statues
Brief
10. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Principle of rights
Fourth Amendment
Common law
Fifth Amendment
11. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.
Punitive damages
Respondent
Administrative agency
In rem jurisdiction
12. A brief outline of what the defendant and the plaintiff will try to prove.
Contributory negligence
Opening statements
Cyberlaw
jurisprudence
13. A reference to or a quotation from an authority
Legal realism
citation
Chancellor
Categorical imperative
14. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Summary jury trials
due proccess clause
Slander of quality
Filtering software
15. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
Alternative dispute resolution
Ethical reasoning
Arbitrability
16. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Public Policy
Independent regulatory agencies
Damages
Cases on point
17. 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.
Cross-examination
Contributory negligence
Hearsay
Commerce clause
18. The publication of false information about another's product - alleging that it is not what its seller claims.
Categorical imperative
Slander of quality
Ethical reasoning
Courts of law
19. 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)
State level appeal eligibility
Rule of four
In rem jurisdiction
Jurisdiction
20. The act of delivering a writ or summons upon someone
Reporters
Opening statements
Service of process
Cases on point
21. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Question of law
Federal Jurisdiction
Rejoinder
Natural law
22. 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
Relevant evidence
Federal Rules of Civil Procedure
Motion for judgement on the pleadings
Exclusive Jurisdiction
23. 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
Origins Of Common Law
Motion for a directed verdict
ordinaces
Principle of rights
24. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Negotiation
Opening statements
Syllogism
When constitutional lawz apply
25. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Writ of certiorari
State Jurisdiction
Burden of proof
Case Precedents and the doctrine of stare decisis
26. 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
Concurrent Jurisdiction
diversity of citizenship
Free exercise clause
Counterclaim
27. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Business Ethics
Ethical reasoning
Search warrant
Burden of proof
28. 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
Jurisdiction
Trespass to personal property
Criminal law
29. 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 realism
Opinions
fradulent Misrepresentation
Respondent
30. The principle pleading by the defendant in response to plaintiff's complaint
Criminal law
Writ of certiorari
Answer
Relevant evidence
31. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Eighth Amendment
fradulent Misrepresentation
Federal question
Contributory negligence
32. Law concerned with private wrongs against individuals
Origins Of Common Law
Administrative law
Search warrant
Civil Law
33. (civil law) a law established by following earlier judicial decisions
Hearsay
Checks and balances
Case law
Trade libel
34. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Exclusive Jurisdiction
Cyber torts
importance of common law
Equitable maxims
35. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Punitive damages
Administrative law
Cyber torts
36. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Federal form of government
Cyberlaw
Precedent
Categorical imperative
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.
Defense
Affirmative defense
Defenses to negligence
Case Precedents and the doctrine of stare decisis
38. 1. employee activity within scope of employment 2. employee is negligent
Strict liability
Respondent Superior
due proccess clause
Courts of law
39. 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.
Filtering software
Causation in fact
Punitive damages
Pleadings
40. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Legal reasoning
Chancellor
Online dispute resolution
Default judgement
41. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important
In rem jurisdiction
Alleges
Natural law
Third Amendment
42. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Rejoinder
Ethical reasoning
Negotiation
43. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Affirmative defense
Motion for judgement on the pleadings
Search warrant
Police powers
44. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Motion for a directed verdict
Direct examination
positivist school
Cyberlaw
45. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Civil Law
Constitutional Law
Summons
Symbolic speech
46. An example that is used to justify similar occurrences at a later time
Free exercise clause
Precedent
Rejoinder
Hearsay
47. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Strict liability
Opening statements
Statues of limitation
Bankruptcy courts
48. The First Amendment guarantee that the government will not create and support an official state church
Fourth Amendment
positivist school
Federal Rules of Civil Procedure
establishment clause
49. Previously decided cases that are as similar as possible to the one under consideration
Complaint
Police powers
Small Claims courts
Cases on point
50. A school of legal thought that views the law as a tool for promoting justice in society.
Contributory negligence
Federal question
Chancellor
Sociological school