Test your basic knowledge |

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. A brief outline of what the defendant and the plaintiff will try to prove.






2. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






3. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.






4. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States






5. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






6. Drawing a comparison in order to show a similarity in some respect






7. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






8. 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






9. Is strict liability hold a claim if the product or service in question is...






10. 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






11. Propositions or general statements of equitable rules






12. 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.






13. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






14. (law) a pleading made by a defendant in response to the plaintiff's replication






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






16. Jurisdiction based on claims against property






17. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.






18. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case






19. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






20. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.






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






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






23. Enforcable rules governing relationships among individuals and between individuals and thier society.






24. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid






25. The body of rules and regulations and orders and decisions created by administrative agencies of government






26. 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.






27. 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.






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






29. 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






30. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important






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






32. A reference to or a quotation from an authority






33. 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.






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






35. Law concerned with private wrongs against individuals






36. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act






37. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






38. Set of books containing published court decisions






39. A wrongful act that the actor had no right to do






40. A legal proceeding in a court






41. Torts committed via the internet






42. 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






43. 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






44. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.






45. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself






46. Authority shared by both federal and state courts






47. A clause in a contract providing for arbitration of disputes arising under the contract






48. 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.






49. The act of delivering a writ or summons upon someone






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