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Test your basic knowledge |
Business Law Test
Start Test
Study First
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
Assumption of risk
Civil Law
Venue
Alleges
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.
Question of law
Administrative law
Federal form of government
Tenth Amendment
3. Liability without fault. (Strict product liability)
Remedies
Motion
Federal Jurisdiction
Strict liability
4. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Opinions
Case Precedents and the doctrine of stare decisis
Disparagement of property
5. (civil law) a law established by following earlier judicial decisions
Mini-trial
Case law
Brief
Categorical imperative
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
uniform laws
Legal realism
Historical school
law
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.
Summons
Motion for a new trial
Corporate social responsibility
Administrative agency
8. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Arbitration
Arbitration clause
Fifth Amendment
Concurrent Jurisdiction
9. Law concerned with public wrongs against society
Disparagement of property
Concurrent Jurisdiction
Cost-benefit analysis
Criminal law
10. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Administrative law
Complaint
Federal question
Federal Jurisdiction
11. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
breaches
tilitarinism
Full faith and credit clause
Standing to sue
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
Writ of execution
Respondent Superior
Venue
Corporate social responsibility
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.
Motion for a directed verdict
Federal question
Relevant evidence
Online dispute resolution
14. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Cyber torts
Analogy
State Jurisdiction
First Amendment
15. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Strict product liability
Petitioner
Appellant
Default judgement
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.
Arbitration clause
Binding authority
Rejoinder
Mini-trial
17. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
In rem jurisdiction
Online dispute resolution
Ethical reasoning
due proccess clause
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
Statues of limitation
Bankruptcy courts
Torts(Wrongs)
Standing to sue
19. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Writ of execution
Areas of Law that may affect business decision making
Stare Decisis and legal Reasoning
Comparative negligence
20. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Motion for a new trial
In rem jurisdiction
jurisprudence
Sociological school
21. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
When constitutional lawz apply
Civil Law
Mini-trial
22. An example that is used to justify similar occurrences at a later time
Precedent
Courts of equity
Defense
Motion for a new trial
23. Propositions or general statements of equitable rules
Federal form of government
Eighth Amendment
Equitable maxims
Motion for a new trial
24. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Motion for judgement as a matter of law
Trade libel
Ninth Amendment
Checks and balances
25. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion for judgement as a matter of law
Compensatory damages
State Jurisdiction
Tenth Amendment
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
Affirmative defense
Categorical imperative
Bill of Rights
Fourth Amendment
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
Negligence
Stare Decisis and legal Reasoning
Question of law
Independent regulatory agencies
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
Affirmative defense
Reporters
Arbitration
When constitutional lawz apply
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
Direct examination
Pretrial motions
Rebuttal
Arbitrability
30. Protects you from unreasonable search and seizure of your home and property
Award
Sixth Amendment
Reporters
Fourth Amendment
31. The publication of false information about another's product - alleging that it is not what its seller claims.
Areas of Law that may affect business decision making
First Amendment
Filtering software
Slander of quality
32. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Symbolic speech
Damages
Sixth Amendment
importance of common law
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.
Cross-examination
Ninth Amendment
Checks and balances
Pretrial motions
34. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Respondent
Privileges and and immunities clause
Federal Jurisdiction
35. Judges must abide by precedents in thier jurisdictions.
Business invitees
Bill of Rights
Case Precedents and the doctrine of stare decisis
Petitioner
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.
positive law
Opinions
Trade libel
Jurisdiction
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
Business Ethics
Jurisdiction
Mini-trial
diversity of citizenship
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.
Courts of law
Disparagement of property
Rejoinder
Torts(Wrongs)
39. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Complaint
Service of process
Summons
Natural law
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.
State level appeal eligibility
Affirmative defense
Eighth Amendment
Administrative agency
41. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Early neutral case evaluation
State Jurisdiction
Trade libel
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.
Relevant evidence
Civil Law
Litigation
Analogy
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
uniform laws
Probable cause
Probate courts
dram shop acts
44. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Binding authority
due proccess clause
Fourth Amendment
45. The party who appeals a decision of a lower court
Commerce clause
Causation in fact
Appellant
Res ipsa loquitur
46. The location where something takes place - esp. a trial
Cases on point
Venue
citation
Statues of limitation
47. (law) the initial questioning of a witness by the party that called the witness
In rem jurisdiction
Motion for a new trial
Administrative agency
Direct examination
48. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Remedies of Law
Hearsay
Jurisdiction
Res ipsa loquitur
49. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
When constitutional lawz apply
Cyber torts
Second Amendment
Free exercise clause
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
Opening statements
Origins Of Common Law
Legal and Equitable Remedies
Alternative dispute resolution