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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. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Historical school
Negligence
Punitive damages
Trade libel
2. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Chancellor
Analogy
Federal Rules of Civil Procedure
Motion
3. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Seventh Amendment
Default judgement
Contributory negligence
citation
4. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Petitioner
Proximate cause
Case law
Legal realism
5. 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
In rem jurisdiction
Pleadings
Standing to sue
Courts of law
6. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Respondent
Motion for judgement as a matter of law
Tenth Amendment
ordinaces
7. The party who appeals a decision of a lower court
Equitable maxims
Appellant
Damages
Ninth Amendment
8. The body of rules and regulations and orders and decisions created by administrative agencies of government
Statues of limitation
Direct examination
Administrative law
Slander of quality
9. 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.
Free exercise clause
positivist school
Origins Of Common Law
Seventh Amendment
10. The courts that awarded compensation back in English Realm
Business Ethics
Commerce clause
Motion for a new trial
Courts of law
11. Wrongs
When constitutional lawz apply
Torts(Wrongs)
Filtering software
law
12. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Exclusive Jurisdiction
Courts of equity
Early neutral case evaluation
13. A court will award money or other relief to a party injured by a breach of contract
Remedies
Statutory Law
Proximate cause
Burden of proof
14. Propositions or general statements of equitable rules
Torts(Wrongs)
Precedent
Business invitees
Equitable maxims
15. Drawing a comparison in order to show a similarity in some respect
Negotiation
Cross-examination
breaches
Analogy
16. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Privileges and and immunities clause
Burden of proof
Syllogism
Stages in an A Typical Lawsuit
17. Three remedies known as land - items of value - or money
Sixth Amendment
Compensatory damages
Remedies of Law
Probable cause
18. 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
Third Amendment
Motion
establishment clause
State and Federal Court Systems
19. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Motion for a directed verdict
Good samaritan statues
Tenth Amendment
in personam jurisdiction
20. An amendment to the Constitution of the United States guaranteeing the right of free expression
Jurisdiction
Bill of Rights
Rule of four
First Amendment
21. (law) the initial questioning of a witness by the party that called the witness
Slander of quality
Direct examination
State Jurisdiction
Absolute bar
22. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
importance of common law
Legal and Equitable Remedies
Negligence
23. A body of rulings made by judges that become part of a nation's legal system
Contributory negligence
positive law
Common law
Filtering software
24. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
First Amendment
Principle of rights
Writ of certiorari
Slander of title
25. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
Privileges and and immunities clause
Civil Law
Service of process
26. 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
Appellee
in personam jurisdiction
American Arbitration Association
Motion for judgement on the pleadings
27. The reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case
When constitutional lawz apply
positive law
Torts(Wrongs)
Legal reasoning
28. 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.
Fourth Amendment
Seventh Amendment
tilitarinism
Motion for a new trial
29. A claim filed in opposition to another claim in a legal action
Affirmative defense
Counterclaim
Rebuttal
Binding authority
30. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
Early neutral case evaluation
Trade libel
Litigation
Pleadings
31. Courts that handle cases that involve less than $5000
Small Claims courts
Alleges
Standing to sue
fradulent Misrepresentation
32. Protects you from unreasonable search and seizure of your home and property
Filtering software
Trespass to personal property
Fourth Amendment
Alleges
33. (civil law) a law established by following earlier judicial decisions
Civil Law
Petitioner
Case law
Federal Rules of Civil Procedure
34. 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
Rule of four
Origins Of Common Law
Checks and balances
ordinaces
35. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Cross-examination
Statutory Law
Privileges and and immunities clause
Eighth Amendment
36. Party who defends an appeal
Torts(Wrongs)
Appellee
Remedies of Law
Federal Rules of Civil Procedure
37. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Federal Rules of Civil Procedure
Litigation
tilitarinism
Service of process
38. 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
Federal form of government
Question of fact
Res ipsa loquitur
Public Policy
39. Someone who petitions a court for redress of a grievance or recovery of a right
Federal form of government
Seventh Amendment
Writ of certiorari
Petitioner
40. The publication of false information about another's product - alleging that it is not what its seller claims.
Slander of quality
Federal Rules of Civil Procedure
Direct examination
Mini-trial
41. A condensed written summary or abstract
Natural law
Brief
laches
Motion for a new trial
42. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.
Syllogism
Relevant evidence
Mini-trial
voir dire
43. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Affirmative defense
Slander of quality
Checks and balances
dram shop acts
44. The act of delivering a writ or summons upon someone
Justicable controversy
Service of process
Rule of four
Petitioner
45. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Courts of equity
jurisprudence
Closing argument
Question of law
46. Rules governing the admissibility of evidence in trial courts.
Probable cause
Fourth Amendment
Rules of evidence
Writ of certiorari
47. 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.
Origins Of Common Law
fradulent Misrepresentation
Binding authority
State Jurisdiction
48. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
laches
Negotiation
Motion for judgement as a matter of law
Federal Jurisdiction
49. (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
Cost-benefit analysis
Stages in an A Typical Lawsuit
Courts of equity
Privileges and and immunities clause
50. A sum of money paid in compensation for loss or injury
Affirmative defense
Rule of four
Damages
Trade libel