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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. Previously decided cases that are as similar as possible to the one under consideration






2. 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






3. Private proceeding in which each party to a dispute argues its position before the other side - and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement






4. 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






5. 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






6. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






7. 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






8. (law) the right and power to interpret and apply the law






9. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






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






11. 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.






12. 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.






13. 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.






14. 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






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






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






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






18. The courts that awarded compensation back in English Realm






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






20. 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






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






22. Economic model that compares the marginal costs and marginal benefits of a decision






23. Law concerned with public wrongs against society






24. A brief outline of what the defendant and the plaintiff will try to prove.






25. Law concerned with private wrongs against individuals






26. Rules governing the admissibility of evidence in trial courts.






27. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






28. A reference to or a quotation from an authority






29. Drawing a comparison in order to show a similarity in some respect






30. The First Amendment guarantee that the government will not create and support an official state church






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






32. To confirm priestly authority upon






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






34. 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.






35. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






36. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations






37. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






38. A court will award money or other relief to a party injured by a breach of contract






39. The body of conventional - or written - law of a particular society at a particular point in time.






40. 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






41. Negate the claim of negligence(assumption of risk - superceding intervening clause)






42. A legal proceeding in a court






43. Judges must abide by precedents in thier jurisdictions.






44. Wrongs






45. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






46. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.






47. A condensed written summary or abstract






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






49. Liability without fault. (Strict product liability)






50. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power