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Test your basic knowledge |
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. Automotic appeal based on procedure/law. appeal cannot be made on a error of fact. Car accident example. procedure - wrong court date. law - issue of law is wrong. U.S. Supreme Court appeal is still possible with permission(write of certerori)
Rules of evidence
State level appeal eligibility
Burden of proof
Legal and Equitable Remedies
2. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
fradulent Misrepresentation
Probable cause
Small Claims courts
3. 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.
Privileges and and immunities clause
Early neutral case evaluation
Award
Proximate cause
4. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Alternative dispute resolution
Courts of equity
due proccess clause
Trade libel
5. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
Burden of proof
Arbitrability
Rule of four
6. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Reporters
Exclusive Jurisdiction
Absolute bar
jurisprudence
7. Party who defends an appeal
Hearsay
Justicable controversy
uniform laws
Appellee
8. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Motion for judgement on the pleadings
Punitive damages
Second Amendment
9. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
Legal realism
Assumption of risk
Business invitees
10. 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
Business invitees
Mini-trial
Motion
Origins Of Common Law
11. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Civil Law
Jurisdiction
Federal question
Contributory negligence
12. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Courts of law
Punitive damages
Jurisdiction
13. (law) the initial questioning of a witness by the party that called the witness
Cyberlaw
Absolute bar
Direct examination
Cases on point
14. 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.
State level appeal eligibility
Seventh Amendment
Contributory negligence
Motion for a directed verdict
15. 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.
Rule of four
Litigation
In rem jurisdiction
Tenth Amendment
16. The First Amendment guarantee that the government will not create and support an official state church
Second Amendment
establishment clause
Natural law
Equal protection clause
17. 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.
Police powers
Binding authority
Concurrent Jurisdiction
State and Federal Court Systems
18. The preponderance of evidence which means more likely then not.
Burden of proof
Early neutral case evaluation
In rem jurisdiction
citation
19. 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
fradulent Misrepresentation
Public Policy
Online dispute resolution
Statutory Law
20. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Rule of four
Courts of equity
Bankruptcy courts
Origins Of Common Law
21. 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.
When constitutional lawz apply
Arbitrability
Legal realism
positivist school
22. 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
Burden of proof
State level appeal eligibility
Areas of Law that may affect business decision making
Arbitrability
23. Someone who petitions a court for redress of a grievance or recovery of a right
jurisprudence
Petitioner
Exclusive Jurisdiction
Answer
24. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Public Policy
Legal realism
Jurisdiction
in personam jurisdiction
25. Enforcable rules governing relationships among individuals and between individuals and thier society.
laches
Common law
law
Slander of title
26. (civil law) a law established by following earlier judicial decisions
Case law
abnormally dangerous
Direct examination
Courts of equity
27. A defendant's answer or plea denying the truth of the charges against him
Federal Jurisdiction
Arbitration clause
Defense
Federal question
28. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Ninth Amendment
Defense
Statutory Law
29. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
voir dire
Principle of rights
Legal reasoning
Trespass to personal property
30. The act of changing location from one place to another
Alleges
Motion
Writ of certiorari
Online dispute resolution
31. 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
positivist school
Origins Of Common Law
Trespass to personal property
Strict liability
32. The body of laws created by legislative statutes
Statutory Law
Third Amendment
ordinaces
positivist school
33. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Legal reasoning
Cyber torts
Trade libel
Federal question
34. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Business Ethics
Remedies of Law
dram shop acts
Search warrant
35. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Third Amendment
Fifth Amendment
laches
First Amendment
36. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Comparative negligence
Standing to sue
Fifth Amendment
37. Rules governing the admissibility of evidence in trial courts.
Trespass to land
Arbitration clause
Rules of evidence
Federal question
38. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
ordinaces
Ethical reasoning
Privileges and and immunities clause
Respondent
39. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Summary jury trials
Arbitration
Federal form of government
Civil Law
40. An amendment to the Constitution of the United States guaranteeing the right of free expression
Fourth Amendment
First Amendment
Analogy
Principle of rights
41. A reference to or a quotation from an authority
Binding authority
citation
Answer
Natural law
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
Assumption of risk
Legal and Equitable Remedies
Causation in fact
Slander of quality
43. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Opinions
Rebuttal
Federal Rules of Civil Procedure
Cyberlaw
44. Right to bear arms
State Jurisdiction
Second Amendment
importance of common law
Pretrial motions
45. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Equitable maxims
Ninth Amendment
First Amendment
Natural law
46. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Online dispute resolution
Sixth Amendment
Fifth Amendment
Disparagement of property
47. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Sociological school
Ethical reasoning
Torts(Wrongs)
Pretrial motions
48. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Service of process
Exclusive Jurisdiction
Natural law
abnormally dangerous
49. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Mini-trial
Courts of equity
Corporate social responsibility
Hearsay
50. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
dram shop acts
Litigation
Default judgement
Negligence
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