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Business Law Test
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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. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Question of law
Trade libel
Comparative negligence
positivist school
2. A claim filed in opposition to another claim in a legal action
Probate courts
Defenses to negligence
Opinions
Counterclaim
3. 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
Categorical imperative
Cost-benefit analysis
Sixth Amendment
Cross-examination
4. Torts committed via the internet
Reporters
Closing argument
Writ of certiorari
Cyber torts
5. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Counterclaim
Pleadings
Alleges
Rule of four
6. 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
Administrative law
Summons
Negligence
Writ of certiorari
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.
Alleges
Hearsay
Courts of law
Slander of title
8. Propositions or general statements of equitable rules
Proximate cause
Equitable maxims
Civil Law
Motion for a directed verdict
9. 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.
Opening statements
Affirmative defense
Opinions
breaches
10. The power to speak the law.
Venue
Proximate cause
Jurisdiction
ordinaces
11. The courts that awarded compensation back in English Realm
Cyber torts
Courts of law
Proximate cause
Criminal law
12. On the premises fr the potential financial benefit of the occupier
Affirmative defense
fradulent Misrepresentation
Cross-examination
Business invitees
13. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Public Policy
American Arbitration Association
Contributory negligence
Answer
14. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Arbitration clause
Defenses to negligence
Cases on point
Historical school
15. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Cross-examination
Direct examination
Appellant
Brief
16. Protects you from unreasonable search and seizure of your home and property
Negotiation
Historical school
Fourth Amendment
Motion for a directed verdict
17. Judges must abide by precedents in thier jurisdictions.
Cases on point
Case Precedents and the doctrine of stare decisis
Good samaritan statues
Filtering software
18. (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
Chancellor
Stare Decisis and legal Reasoning
laches
Stages in an A Typical Lawsuit
19. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Federal Rules of Civil Procedure
Summary jury trials
Motion for judgement as a matter of law
Motion
20. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Ninth Amendment
Question of law
Historical school
Independent regulatory agencies
21. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
due proccess clause
Direct examination
Cyber torts
Ethical reasoning
22. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Cases on point
State and Federal Court Systems
Federal question
Award
23. A body of rulings made by judges that become part of a nation's legal system
Sixth Amendment
Privileges and and immunities clause
Defenses to negligence
Common law
24. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Litigation
breaches
Federal Rules of Civil Procedure
25. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
When constitutional lawz apply
ordinaces
Trespass to land
26. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
When constitutional lawz apply
Disparagement of property
Mini-trial
Remedies of Law
27. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Precedent
Assumption of risk
Syllogism
Historical school
28. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Question of fact
Case Precedents and the doctrine of stare decisis
Civil Law
voir dire
29. 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
Assumption of risk
Federal form of government
Summary jury trials
30. 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
Negligence
Standing to sue
due proccess clause
Eighth Amendment
31. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Small Claims courts
First Amendment
Punitive damages
establishment clause
32. A legal proceeding in a court
Corporate social responsibility
Litigation
Motion for a new trial
Case law
33. Ethical or unethical behaviors by employees in the context of their jobs
Courts of equity
Chancellor
State and Federal Court Systems
Business Ethics
34. (law) a pleading made by a defendant in response to the plaintiff's replication
Criminal law
Rejoinder
Rules of evidence
Hearsay
35. 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
Res ipsa loquitur
Police powers
voir dire
Federal form of government
36. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Rejoinder
Business Ethics
When constitutional lawz apply
37. Liability without fault. (Strict product liability)
Strict liability
diversity of citizenship
due proccess clause
Statues of limitation
38. 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
Justicable controversy
Opinions
Small Claims courts
Search warrant
39. A wrongful act that the actor had no right to do
due proccess clause
Malpractice
Sixth Amendment
positive law
40. 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
Defenses to negligence
Absolute bar
diversity of citizenship
Proximate cause
41. 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.
Administrative agency
Alternative dispute resolution
Statues of limitation
dram shop acts
42. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Proximate cause
Direct examination
Cross-examination
43. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Strict product liability
Compensatory damages
Res ipsa loquitur
Counterclaim
44. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
First Amendment
Arbitration clause
positive law
45. 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.
Trade libel
Motion for a directed verdict
Brief
Legal reasoning
46. The government may not house soldiers in private homes without consent of the owner
Binding authority
Torts(Wrongs)
Third Amendment
Defense
47. A clause in a contract providing for arbitration of disputes arising under the contract
Damages
diversity of citizenship
Arbitration clause
Legal and Equitable Remedies
48. To be on the land of another without right or permission of the owner
in personam jurisdiction
Standing to sue
Trespass to land
Concurrent Jurisdiction
49. 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)
Constitutional Law
Small Claims courts
State Jurisdiction
State level appeal eligibility
50. Set of books containing published court decisions
In rem jurisdiction
Respondent
Reporters
State level appeal eligibility
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