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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. Liability without fault. (Strict product liability)
Strict liability
State level appeal eligibility
Cross-examination
Constitutional Law
2. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
Administrative law
jurisprudence
Compensatory damages
positivist school
3. An amendment to the Constitution of the United States guaranteeing the right of free expression
Writ of execution
First Amendment
Seventh Amendment
Case Precedents and the doctrine of stare decisis
4. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Rule of four
Syllogism
Probable cause
Seventh Amendment
5. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Causation in fact
positive law
Exclusive Jurisdiction
Principle of rights
6. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Courts of equity
Checks and balances
Absolute bar
Commerce clause
7. 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
Writ of execution
Fourth Amendment
Motion for judgement as a matter of law
Case Precedents and the doctrine of stare decisis
8. Claims
Alleges
Defense
Brief
Mini-trial
9. 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
Fourth Amendment
Slander of title
uniform laws
Federal question
10. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Exclusive Jurisdiction
Comparative negligence
Negotiation
Search warrant
11. A sum of money paid in compensation for loss or injury
Comparative negligence
Analogy
Damages
American Arbitration Association
12. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Free exercise clause
Appellant
Commerce clause
13. An order to appear in person at a given place and time
in personam jurisdiction
tilitarinism
Negligence
Summons
14. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Brief
Independent regulatory agencies
Checks and balances
Answer
15. (law) the right and power to interpret and apply the law
Cost-benefit analysis
Jurisdiction
Common law
Cyber torts
16. Enforcable rules governing relationships among individuals and between individuals and thier society.
Cyber torts
Mini-trial
law
Stages in an A Typical Lawsuit
17. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Public Policy
Rebuttal
State and Federal Court Systems
Negotiation
18. 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
Seventh Amendment
Motion for judgement on the pleadings
Natural law
Relevant evidence
19. 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
establishment clause
Respondent
Standing to sue
Justicable controversy
20. A wrongful act that the actor had no right to do
Arbitration
Punitive damages
Malpractice
Jurisdiction
21. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Motion for a new trial
Pretrial motions
Respondent
Complaint
22. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Writ of execution
voir dire
Privileges and and immunities clause
Assumption of risk
23. The act of delivering a writ or summons upon someone
Malpractice
Service of process
Comparative negligence
Administrative law
24. Courts that handle cases that involve less than $5000
Legal realism
Causation in fact
Small Claims courts
Answer
25. (civil law) a law established by following earlier judicial decisions
Case law
Eighth Amendment
Award
Pleadings
26. Set of books containing published court decisions
Writ of execution
Long arm statue
Reporters
Stare Decisis and legal Reasoning
27. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Police powers
Assumption of risk
Proximate cause
citation
28. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Opening statements
Causation in fact
abnormally dangerous
When constitutional lawz apply
29. 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
Federal question
American Arbitration Association
Categorical imperative
Trespass to land
30. The act of changing location from one place to another
Motion
Administrative law
uniform laws
Litigation
31. (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
Equitable maxims
Fourth Amendment
Stages in an A Typical Lawsuit
Slander of title
32. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
American Arbitration Association
Answer
Eighth Amendment
breaches
33. 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
Burden of proof
Origins Of Common Law
Reporters
Rule of four
34. Torts committed via the internet
Legal realism
Answer
Search warrant
Cyber torts
35. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Petitioner
Appellee
Common law
36. Authority shared by both federal and state courts
Sixth Amendment
citation
Concurrent Jurisdiction
Checks and balances
37. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Free exercise clause
Rebuttal
Federal Rules of Civil Procedure
Origins Of Common Law
38. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Federal Jurisdiction
Administrative agency
Ninth Amendment
dram shop acts
39. Drawing a comparison in order to show a similarity in some respect
Appellant
Respondent Superior
Analogy
Legal reasoning
40. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Rebuttal
Malpractice
Equal protection clause
Complaint
41. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
State and Federal Court Systems
Symbolic speech
Criminal law
Alleges
42. On the premises fr the potential financial benefit of the occupier
Syllogism
Sixth Amendment
Business invitees
Res ipsa loquitur
43. The principle pleading by the defendant in response to plaintiff's complaint
Answer
establishment clause
Negligence
Eighth Amendment
44. A condensed written summary or abstract
Areas of Law that may affect business decision making
Criminal law
Long arm statue
Brief
45. Economic model that compares the marginal costs and marginal benefits of a decision
Brief
Cost-benefit analysis
Fourth Amendment
Appellee
46. Jurisdiction based on claims against property
Trade libel
Full faith and credit clause
In rem jurisdiction
Second Amendment
47. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Fourth Amendment
uniform laws
In rem jurisdiction
Checks and balances
48. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Reporters
Summons
Causation in fact
49. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
establishment clause
Jurisdiction
In rem jurisdiction
Federal question
50. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Hearsay
Checks and balances
breaches
diversity of citizenship