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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. 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)






2. 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






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






4. Law concerned with private wrongs against individuals






5. 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.






6. Courts that handle cases that involve less than $5000






7. 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






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






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






10. A school of legal thought that views the law as a tool for promoting justice in society.






11. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






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






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






14. 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.






15. Is strict liability hold a claim if the product or service in question is...






16. 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.






17. (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






18. 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.






19. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






20. Protects you from unreasonable search and seizure of your home and property






21. Propositions or general statements of equitable rules






22. The act of changing location from one place to another






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






24. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.






25. 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






26. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






27. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.






28. The body of laws created by legislative statutes






29. Law concerned with public wrongs against society






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






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






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






33. Torts committed via the internet






34. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






35. 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.






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






37. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






38. 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






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






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






41. 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.






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






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






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






45. 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






46. The power to speak the law.






47. Wrongs






48. (civil law) a law established by following earlier judicial decisions






49. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons






50. Right to a trial by jury