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. 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.






2. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






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






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






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






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






7. Relieve you of some liability when reasonable care is used






8. 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.






9. Someone who petitions a court for redress of a grievance or recovery of a right






10. 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






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






12. Negate the claim of negligence(assumption of risk - superceding intervening clause)






13. 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






14. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based






15. A reference to or a quotation from an authority






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






17. 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.






18. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)






19. Law concerned with public wrongs against society






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






21. Highest official of a monarch. Granted new an unique remedies.






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






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






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






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






26. Authority shared by both federal and state courts






27. 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






28. A condensed written summary or abstract






29. 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






30. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court






31. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






32. The power to speak the law.






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






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






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






36. Law concerned with private wrongs against individuals






37. 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.






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






39. State statute that permits a state to obtain personal jurisdiction over nonresident defendants






40. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






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






42. 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






43. 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.






44. The preponderance of evidence which means more likely then not.






45. 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.






46. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder






47. 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






48. Liability without fault. (Strict product liability)






49. The First Amendment guarantee that the government will not create and support an official state church






50. 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