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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. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






2. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.






3. Right to bear arms






4. 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.






5. 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.






6. An order to appear in person at a given place and time






7. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






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






9. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.






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






11. 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)






12. 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






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.






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






15. 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






16. 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






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






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






19. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs






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






21. (law) evidence sufficient to warrant an arrest or search and seizure






22. The body of laws created by legislative statutes






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






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






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






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






27. A question asked to determine what is true or to what extent something is true






28. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






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






30. 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






31. 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.






32. 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.






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






34. 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.






35. Assumption of risk - Superseding cause - and contributory and comparative negligence.






36. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out






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






38. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






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






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






41. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case






42. On the premises fr the potential financial benefit of the occupier






43. A claim filed in opposition to another claim in a legal action






44. A court will award money or other relief to a party injured by a breach of contract






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






46. A reference to or a quotation from an authority






47. To be on the land of another without right or permission of the owner






48. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






49. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.






50. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction







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