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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. The body of conventional - or written - law of a particular society at a particular point in time.
positive law
Cross-examination
Principle of rights
positivist school
2. 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.
abnormally dangerous
Summary jury trials
dram shop acts
Administrative agency
3. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Standing to sue
jurisprudence
Public Policy
Cross-examination
4. (law) evidence sufficient to warrant an arrest or search and seizure
Seventh Amendment
State level appeal eligibility
Probable cause
law
5. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Case Precedents and the doctrine of stare decisis
Free exercise clause
Contributory negligence
Independent regulatory agencies
6. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Sociological school
Categorical imperative
Jurisdiction
7. The act of delivering a writ or summons upon someone
Direct examination
Sixth Amendment
Service of process
Trade libel
8. Occurs when one party to a contract is not given full or accurate information by the other party about the contract subject matter - Intentional misrepresentation of material fact - reasonably relied on by plaintiff resulting in damages
Negotiation
Arbitrability
fradulent Misrepresentation
positive law
9. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Appellant
Long arm statue
Damages
Reporters
10. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Jurisdiction
Mini-trial
Rule of four
11. The courts that awarded compensation back in English Realm
Courts of law
In rem jurisdiction
positive law
In rem jurisdiction
12. 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
abnormally dangerous
Summary jury trials
Damages
13. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Motion for a new trial
importance of common law
Justicable controversy
Opening statements
14. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Comparative negligence
ordinaces
Equal protection clause
Privileges and and immunities clause
15. (civil law) a law established by following earlier judicial decisions
Case law
Search warrant
Cost-benefit analysis
Fourth Amendment
16. Protects you from unreasonable search and seizure of your home and property
Search warrant
Fourth Amendment
Justicable controversy
Civil Law
17. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Police powers
Early neutral case evaluation
Fifth Amendment
Federal Jurisdiction
18. The location where something takes place - esp. a trial
Privileges and and immunities clause
Venue
Seventh Amendment
Petitioner
19. Ethical or unethical behaviors by employees in the context of their jobs
Hearsay
Business Ethics
Rebuttal
Equitable maxims
20. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Disparagement of property
Defenses to negligence
Long arm statue
Constitutional Law
21. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Stare Decisis and legal Reasoning
laches
positive law
Trespass to personal property
22. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Symbolic speech
Seventh Amendment
Question of fact
23. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Standing to sue
Federal Rules of Civil Procedure
Syllogism
Direct examination
24. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Hearsay
Search warrant
Bankruptcy courts
Question of law
25. A brief outline of what the defendant and the plaintiff will try to prove.
Ethical reasoning
Brief
Opening statements
dram shop acts
26. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Filtering software
Public Policy
Legal and Equitable Remedies
Award
27. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Ethical reasoning
Closing argument
Strict liability
28. Specific length of time an individual can sue for injury resulting from negligence
Appellant
Probate courts
Statues of limitation
Areas of Law that may affect business decision making
29. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Appellee
Complaint
Cross-examination
When constitutional lawz apply
30. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
positive law
Ethical reasoning
Privileges and and immunities clause
Defense
31. Enforcable rules governing relationships among individuals and between individuals and thier society.
law
Probable cause
Malpractice
diversity of citizenship
32. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Historical school
Legal reasoning
Compensatory damages
Legal realism
33. A clause in a contract providing for arbitration of disputes arising under the contract
ordinaces
Independent regulatory agencies
Administrative law
Arbitration clause
34. A claim filed in opposition to another claim in a legal action
Negotiation
Counterclaim
Ethical reasoning
Legal and Equitable Remedies
35. 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
Burden of proof
Writ of execution
Legal reasoning
Case law
36. 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.
jurisprudence
positivist school
Long arm statue
Rules of evidence
37. 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
Motion for a new trial
Respondent
Hearsay
38. The First Amendment guarantee that the government will not create and support an official state church
State Jurisdiction
establishment clause
Respondent Superior
Cyber torts
39. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
establishment clause
State and Federal Court Systems
Probable cause
Sixth Amendment
40. An act or omission without which an event would not have occurred.
Defenses to negligence
In rem jurisdiction
Causation in fact
State Jurisdiction
41. Previously decided cases that are as similar as possible to the one under consideration
Trade libel
abnormally dangerous
Motion for a new trial
Cases on point
42. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Bill of Rights
Alternative dispute resolution
Cyberlaw
Federal question
43. A wrongful act that the actor had no right to do
Venue
Malpractice
Mini-trial
Motion
44. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Statutory Law
Administrative agency
Arbitration clause
45. Wrongs
Direct examination
Torts(Wrongs)
importance of common law
Rules of evidence
46. 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
Causation in fact
Stare Decisis and legal Reasoning
State Jurisdiction
Federal form of government
47. Jurisdiction based on claims against property
breaches
Business Ethics
In rem jurisdiction
Cases on point
48. Authority shared by both federal and state courts
Venue
Cost-benefit analysis
Probate courts
Concurrent Jurisdiction
49. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Complaint
Cost-benefit analysis
Rebuttal
Cyberlaw
50. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Negligence
Full faith and credit clause
Reporters
Res ipsa loquitur
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