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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. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Privileges and and immunities clause
Filtering software
Administrative law
2. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Defenses to negligence
Historical school
State Jurisdiction
Rebuttal
3. 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
Justicable controversy
Compensatory damages
Counterclaim
Summons
4. 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
Constitutional Law
Natural law
Categorical imperative
Comparative negligence
5. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Seventh Amendment
Affirmative defense
Causation in fact
Federal Rules of Civil Procedure
6. Law concerned with public wrongs against society
Administrative law
citation
importance of common law
Criminal law
7. A legal proceeding in a court
Litigation
citation
Legal realism
Default judgement
8. Three remedies known as land - items of value - or money
due proccess clause
Mini-trial
Remedies of Law
Answer
9. Right to a trial by jury
Trespass to land
Service of process
Cases on point
Seventh Amendment
10. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Standing to sue
Defenses to negligence
tilitarinism
Good samaritan statues
11. (law) evidence sufficient to warrant an arrest or search and seizure
Historical school
Administrative agency
Probable cause
Origins Of Common Law
12. 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.
Defenses to negligence
Arbitrability
Affirmative defense
Rejoinder
13. On the premises fr the potential financial benefit of the occupier
Early neutral case evaluation
Areas of Law that may affect business decision making
Business invitees
In rem jurisdiction
14. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Question of fact
Opinions
Arbitration clause
15. 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.
Torts(Wrongs)
Arbitration
American Arbitration Association
Award
16. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or
Filtering software
Opening statements
Stare Decisis and legal Reasoning
Stages in an A Typical Lawsuit
17. 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)
Syllogism
Free exercise clause
State level appeal eligibility
When constitutional lawz apply
18. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Statues of limitation
establishment clause
Cyberlaw
Opinions
19. 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.
Equal protection clause
Relevant evidence
Business invitees
laches
20. 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
Direct examination
uniform laws
Case Precedents and the doctrine of stare decisis
Pretrial motions
21. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Motion for judgement on the pleadings
Strict liability
due proccess clause
Checks and balances
22. Judges must abide by precedents in thier jurisdictions.
Motion for judgement on the pleadings
Negligence
Comparative negligence
Case Precedents and the doctrine of stare decisis
23. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Filtering software
Federal Jurisdiction
Jurisdiction
Equitable maxims
24. 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
Commerce clause
in personam jurisdiction
Eighth Amendment
Legal and Equitable Remedies
25. 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
Arbitrability
Motion for a new trial
importance of common law
dram shop acts
26. 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
Public Policy
Legal reasoning
Statues of limitation
Fourth Amendment
27. The principle pleading by the defendant in response to plaintiff's complaint
Stages in an A Typical Lawsuit
Direct examination
Answer
Federal form of government
28. Courts that handle cases that involve less than $5000
Small Claims courts
Checks and balances
Federal Rules of Civil Procedure
Fourth Amendment
29. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Summary jury trials
Federal form of government
Strict product liability
Appellant
30. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Writ of certiorari
Justicable controversy
Hearsay
Free exercise clause
31. 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.
Early neutral case evaluation
State and Federal Court Systems
Complaint
Filtering software
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
First Amendment
Assumption of risk
Compensatory damages
Small Claims courts
33. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Direct examination
Stare Decisis and legal Reasoning
Alleges
Burden of proof
34. A body of rulings made by judges that become part of a nation's legal system
American Arbitration Association
dram shop acts
When constitutional lawz apply
Common law
35. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Direct examination
Checks and balances
Disparagement of property
36. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
citation
Online dispute resolution
Sixth Amendment
Respondent
37. 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
Good samaritan statues
Alternative dispute resolution
Motion for judgement on the pleadings
diversity of citizenship
38. 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.
Alleges
Courts of law
Arbitration clause
Police powers
39. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Police powers
Relevant evidence
Motion for judgement as a matter of law
Question of law
40. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Legal and Equitable Remedies
Natural law
Standing to sue
Justicable controversy
41. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Negotiation
Federal question
Symbolic speech
Statues of limitation
42. 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.
establishment clause
Trespass to personal property
When constitutional lawz apply
Relevant evidence
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.
Concurrent Jurisdiction
Cases on point
Civil Law
Disparagement of property
44. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Historical school
Causation in fact
positive law
45. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Constitutional Law
Disparagement of property
Ninth Amendment
Remedies
46. The courts that awarded compensation back in English Realm
First Amendment
Courts of law
Second Amendment
State and Federal Court Systems
47. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Online dispute resolution
Eighth Amendment
establishment clause
Federal form of government
48. Party who defends an appeal
Stages in an A Typical Lawsuit
Criminal law
Probable cause
Appellee
49. Liability without fault. (Strict product liability)
Sixth Amendment
Historical school
Motion
Strict liability
50. A question asked to determine what is true or to what extent something is true
Question of fact
Rejoinder
Slander of title
Administrative law