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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. Claims






2. In a lawsuit - an issue involving the application or interpretation of a law. Only a judge - not a jury - can rule on questions of law.






3. Liability without fault. (Strict product liability)






4. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






5. (civil law) a law established by following earlier judicial decisions






6. 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






7. 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.






8. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






9. Law concerned with public wrongs against society






10. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction






11. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






12. 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






13. 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.






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






15. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.






16. 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.






17. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






18. 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






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






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






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






22. An example that is used to justify similar occurrences at a later time






23. Propositions or general statements of equitable rules






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






25. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






26. 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






27. 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






28. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent






29. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati






30. Protects you from unreasonable search and seizure of your home and property






31. The publication of false information about another's product - alleging that it is not what its seller claims.






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






33. 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.






34. A school of legal thought that views the law as a tool for promoting justice in society.






35. Judges must abide by precedents in thier jurisdictions.






36. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.






37. 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






38. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.






39. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society






40. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.






41. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.






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.






43. 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






44. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






45. The party who appeals a decision of a lower court






46. The location where something takes place - esp. a trial






47. (law) the initial questioning of a witness by the party that called the witness






48. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






49. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






50. 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