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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. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Rule of four
Affirmative defense
Long arm statue
Courts of equity
2. Relieve you of some liability when reasonable care is used
Small Claims courts
Filtering software
Rejoinder
Good samaritan statues
3. Previously decided cases that are as similar as possible to the one under consideration
Tenth Amendment
Checks and balances
Cases on point
fradulent Misrepresentation
4. A reference to or a quotation from an authority
Compensatory damages
Precedent
citation
Natural law
5. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Respondent Superior
Cases on point
breaches
Eighth Amendment
6. 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.
Venue
Arbitration clause
Administrative agency
citation
7. Someone who petitions a court for redress of a grievance or recovery of a right
establishment clause
Appellee
Petitioner
Brief
8. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Venue
ordinaces
Trespass to land
Fifth Amendment
9. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Appellee
In rem jurisdiction
Motion for judgement on the pleadings
Comparative negligence
10. 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
Hearsay
Motion for a new trial
Arbitration clause
11. 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.
First Amendment
Motion for a new trial
State level appeal eligibility
Binding authority
12. On the premises fr the potential financial benefit of the occupier
laches
Business invitees
Affirmative defense
Administrative agency
13. (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
Stages in an A Typical Lawsuit
Litigation
Motion for a directed verdict
Cyber torts
14. A sum of money paid in compensation for loss or injury
positive law
In rem jurisdiction
Damages
Categorical imperative
15. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Complaint
Statutory Law
ordinaces
Constitutional Law
16. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Trespass to land
Stare Decisis and legal Reasoning
Assumption of risk
Affirmative defense
17. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Historical school
ordinaces
Tenth Amendment
Motion for judgement as a matter of law
18. The body of conventional - or written - law of a particular society at a particular point in time.
Administrative law
Second Amendment
positive law
Motion for judgement on the pleadings
19. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Strict liability
Tenth Amendment
Motion for judgement as a matter of law
20. Law concerned with private wrongs against individuals
Ethical reasoning
Areas of Law that may affect business decision making
Burden of proof
Civil Law
21. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Principle of rights
Reporters
Compensatory damages
Ninth Amendment
22. Courts that handle cases that involve less than $5000
Petitioner
Strict product liability
Sociological school
Small Claims courts
23. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children
Punitive damages
Constitutional Law
American Arbitration Association
Probate courts
24. A clause in a contract providing for arbitration of disputes arising under the contract
In rem jurisdiction
Arbitration clause
Justicable controversy
Alternative dispute resolution
25. (law) a pleading made by a defendant in response to the plaintiff's replication
Compensatory damages
Constitutional Law
Rejoinder
Equal protection clause
26. A wrongful act that the actor had no right to do
Arbitrability
Malpractice
Categorical imperative
Natural law
27. To be on the land of another without right or permission of the owner
Trespass to land
Civil Law
Burden of proof
Negligence
28. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Affirmative defense
Privileges and and immunities clause
Hearsay
Trespass to land
29. 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
Motion for judgement as a matter of law
Writ of execution
Answer
Hearsay
30. The act of changing location from one place to another
fradulent Misrepresentation
Mini-trial
Cyber torts
Motion
31. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Compensatory damages
Chancellor
breaches
Brief
32. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Pretrial motions
Litigation
Writ of execution
33. A condensed written summary or abstract
Remedies
Malpractice
First Amendment
Brief
34. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Origins Of Common Law
Common law
Bill of Rights
Ninth Amendment
35. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
due proccess clause
Online dispute resolution
Punitive damages
Alleges
36. The publication of false information about another's product - alleging that it is not what its seller claims.
Symbolic speech
Slander of quality
Rules of evidence
Respondent
37. 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.
Negotiation
Direct examination
Motion for a directed verdict
Fourth Amendment
38. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Bankruptcy courts
due proccess clause
Eighth Amendment
Principle of rights
39. An example that is used to justify similar occurrences at a later time
Precedent
Counterclaim
Equal protection clause
Case law
40. A question asked to determine what is true or to what extent something is true
Rebuttal
Absolute bar
Complaint
Question of fact
41. Law concerned with public wrongs against society
Free exercise clause
Motion for a new trial
Criminal law
Award
42. A claim filed in opposition to another claim in a legal action
Trade libel
Counterclaim
Writ of certiorari
Criminal law
43. 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.
Police powers
Comparative negligence
due proccess clause
Fifth Amendment
44. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Rules of evidence
Historical school
Pretrial motions
Cyberlaw
45. Torts committed via the internet
importance of common law
citation
Cyber torts
Pretrial motions
46. 1. employee activity within scope of employment 2. employee is negligent
Damages
Defense
Alternative dispute resolution
Respondent Superior
47. 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
Mini-trial
tilitarinism
Pleadings
law
48. Propositions or general statements of equitable rules
Principle of rights
Federal question
Equitable maxims
Civil Law
49. 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
Remedies
uniform laws
State and Federal Court Systems
Binding authority
50. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Early neutral case evaluation
Causation in fact
Counterclaim
Rule of four
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