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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. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Ninth Amendment
Respondent Superior
Question of law
laches
2. 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.
Binding authority
In rem jurisdiction
First Amendment
Historical school
3. A reference to or a quotation from an authority
Ethical reasoning
Comparative negligence
citation
Cyberlaw
4. 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
State level appeal eligibility
Origins Of Common Law
Administrative agency
Petitioner
5. 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
Contributory negligence
Standing to sue
Justicable controversy
Seventh Amendment
6. The act of changing location from one place to another
Motion
Ninth Amendment
Negligence
Comparative negligence
7. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Direct examination
Binding authority
Precedent
Alternative dispute resolution
8. 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.
Proximate cause
Tenth Amendment
Third Amendment
Negotiation
9. A major provider of arbitration services
Slander of title
American Arbitration Association
Malpractice
Historical school
10. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Federal question
Business Ethics
Probate courts
11. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Analogy
Natural law
Fifth Amendment
Defenses to negligence
12. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Malpractice
Affirmative defense
Absolute bar
Defenses to negligence
13. Three remedies known as land - items of value - or money
Remedies of Law
Litigation
Courts of law
Principle of rights
14. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Equitable maxims
State Jurisdiction
Areas of Law that may affect business decision making
Police powers
15. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Categorical imperative
Case Precedents and the doctrine of stare decisis
Tenth Amendment
Default judgement
16. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Summons
Full faith and credit clause
Slander of title
breaches
17. Claims
Compensatory damages
Alleges
Opening statements
Relevant evidence
18. 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)
Commerce clause
Police powers
State level appeal eligibility
Fourth Amendment
19. Relieve you of some liability when reasonable care is used
Trespass to land
Writ of execution
Business Ethics
Good samaritan statues
20. 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.
Good samaritan statues
Small Claims courts
Commerce clause
Direct examination
21. Specific length of time an individual can sue for injury resulting from negligence
Ethical reasoning
Rebuttal
Statues of limitation
Analogy
22. Right to a trial by jury
Seventh Amendment
Binding authority
Federal form of government
Courts of law
23. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
positive law
Damages
tilitarinism
24. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
diversity of citizenship
Strict liability
Seventh Amendment
25. 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
Alternative dispute resolution
Legal and Equitable Remedies
Privileges and and immunities clause
Statues of limitation
26. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Small Claims courts
in personam jurisdiction
Award
Summary jury trials
27. 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.
Slander of title
Criminal law
tilitarinism
Free exercise clause
28. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
Chancellor
Rebuttal
Legal and Equitable Remedies
29. 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
diversity of citizenship
Analogy
Rejoinder
Origins Of Common Law
30. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
State level appeal eligibility
Areas of Law that may affect business decision making
Writ of execution
Burden of proof
31. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Bankruptcy courts
Cross-examination
Full faith and credit clause
due proccess clause
32. To be on the land of another without right or permission of the owner
Cost-benefit analysis
Eighth Amendment
Principle of rights
Trespass to land
33. Someone who petitions a court for redress of a grievance or recovery of a right
Reporters
Slander of quality
voir dire
Petitioner
34. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Opening statements
Rebuttal
positivist school
Motion for a directed verdict
35. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Negligence
Exclusive Jurisdiction
American Arbitration Association
Burden of proof
36. A claim filed in opposition to another claim in a legal action
Counterclaim
citation
Negotiation
Free exercise clause
37. (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
In rem jurisdiction
Stages in an A Typical Lawsuit
Summary jury trials
Slander of quality
38. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Burden of proof
Common law
Categorical imperative
Res ipsa loquitur
39. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Proximate cause
Federal form of government
Business invitees
Bankruptcy courts
40. 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
fradulent Misrepresentation
Police powers
establishment clause
Independent regulatory agencies
41. 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
Exclusive Jurisdiction
Federal Jurisdiction
Motion
42. A clause in a contract providing for arbitration of disputes arising under the contract
Malpractice
Arbitration clause
Opinions
Comparative negligence
43. 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.
Alternative dispute resolution
Award
Symbolic speech
Cross-examination
44. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Opening statements
Natural law
Justicable controversy
Tenth Amendment
45. 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
importance of common law
Motion for judgement on the pleadings
Affirmative defense
positivist school
46. The principle pleading by the defendant in response to plaintiff's complaint
Jurisdiction
Syllogism
Answer
Arbitrability
47. 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
Corporate social responsibility
Closing argument
uniform laws
Business invitees
48. The body of rules and regulations and orders and decisions created by administrative agencies of government
Corporate social responsibility
in personam jurisdiction
Fifth Amendment
Administrative law
49. 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.
Pretrial motions
Areas of Law that may affect business decision making
citation
Sixth Amendment
50. An act or omission without which an event would not have occurred.
Causation in fact
Statues of limitation
Defenses to negligence
Categorical imperative