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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. 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
Legal and Equitable Remedies
Exclusive Jurisdiction
Rules of evidence
In rem jurisdiction
2. A major provider of arbitration services
breaches
Administrative law
Cyberlaw
American Arbitration Association
3. 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.
Stages in an A Typical Lawsuit
Question of law
In rem jurisdiction
Binding authority
4. 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.
Free exercise clause
Writ of certiorari
Slander of title
Trespass to land
5. Relieve you of some liability when reasonable care is used
Concurrent Jurisdiction
Second Amendment
Good samaritan statues
Negligence
6. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Criminal law
diversity of citizenship
Symbolic speech
7. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Eighth Amendment
Ninth Amendment
tilitarinism
Alternative dispute resolution
8. 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.
Second Amendment
Summary jury trials
Administrative agency
Courts of equity
9. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Bill of Rights
Business invitees
Third Amendment
voir dire
10. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Assumption of risk
positivist school
Search warrant
Stare Decisis and legal Reasoning
11. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Res ipsa loquitur
When constitutional lawz apply
due proccess clause
Affirmative defense
12. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Defenses to negligence
Venue
Rejoinder
13. Liability without fault. (Strict product liability)
In rem jurisdiction
Strict liability
fradulent Misrepresentation
Mini-trial
14. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Criminal law
Slander of title
Natural law
Complaint
15. 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
Jurisdiction
law
diversity of citizenship
Mini-trial
16. An act or omission without which an event would not have occurred.
Answer
Constitutional Law
Sociological school
Causation in fact
17. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Rebuttal
Rejoinder
Business Ethics
Filtering software
18. 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
Alleges
Pleadings
Question of law
Motion for judgement on the pleadings
19. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Standing to sue
Motion
Early neutral case evaluation
20. Protects you from unreasonable search and seizure of your home and property
Answer
Constitutional Law
Appellant
Fourth Amendment
21. 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.
Relevant evidence
Venue
Rejoinder
Free exercise clause
22. 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
Origins Of Common Law
Stages in an A Typical Lawsuit
Cyber torts
Legal reasoning
23. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Pretrial motions
Petitioner
Free exercise clause
Precedent
24. The courts that awarded compensation back in English Realm
Pleadings
breaches
Administrative law
Courts of law
25. 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
Ethical reasoning
Equitable maxims
Punitive damages
State and Federal Court Systems
26. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Chancellor
In rem jurisdiction
Pretrial motions
Symbolic speech
27. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
due proccess clause
Constitutional Law
Brief
Motion for a directed verdict
28. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Malpractice
Case law
Independent regulatory agencies
Cost-benefit analysis
29. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Award
Defenses to negligence
Alternative dispute resolution
When constitutional lawz apply
30. 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
importance of common law
Statutory Law
Trade libel
Probate courts
31. 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.
Federal form of government
Pleadings
Rebuttal
Negligence
32. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
State and Federal Court Systems
Syllogism
State Jurisdiction
Concurrent Jurisdiction
33. A condensed written summary or abstract
Cost-benefit analysis
Contributory negligence
Legal reasoning
Brief
34. The act of changing location from one place to another
Trespass to land
Business invitees
Motion
Sociological school
35. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rule of four
Defense
Standing to sue
Precedent
36. 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.
Tenth Amendment
Historical school
Trespass to personal property
uniform laws
37. Three remedies known as land - items of value - or money
Writ of certiorari
Motion for judgement as a matter of law
Opening statements
Remedies of Law
38. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
State Jurisdiction
In rem jurisdiction
Fourth Amendment
Alternative dispute resolution
39. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Opinions
Affirmative defense
Damages
40. A wrongful act that the actor had no right to do
Ethical reasoning
Jurisdiction
Malpractice
ordinaces
41. The principle pleading by the defendant in response to plaintiff's complaint
Punitive damages
Complaint
Answer
Business invitees
42. The location where something takes place - esp. a trial
Small Claims courts
Summary jury trials
Punitive damages
Venue
43. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Legal realism
Rebuttal
Constitutional Law
Opinions
44. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Strict liability
voir dire
Small Claims courts
Bankruptcy courts
45. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Justicable controversy
Public Policy
Trespass to land
Small Claims courts
46. 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.
jurisprudence
Commerce clause
Motion
Complaint
47. Party who defends an appeal
Strict liability
Sociological school
Award
Appellee
48. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Courts of equity
Appellee
Fifth Amendment
Opening statements
49. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Legal reasoning
Venue
Corporate social responsibility
Res ipsa loquitur
50. (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
Answer
Contributory negligence
Free exercise clause
Stages in an A Typical Lawsuit