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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. 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.






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






3. Occurs when one party to a contract is not given full or accurate information by the other party about the contract subject matter - Intentional misrepresentation of material fact - reasonably relied on by plaintiff resulting in damages






4. 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






5. Authority shared by both federal and state courts






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






7. The body of rules and regulations and orders and decisions created by administrative agencies of government






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






9. 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






10. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr






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






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






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






14. 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.






15. 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






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






17. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






18. Propositions or general statements of equitable rules






19. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






20. A major provider of arbitration services






21. (law) a pleading made by a defendant in response to the plaintiff's replication






22. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






23. 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)






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






25. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






26. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.






27. 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






28. 1. employee activity within scope of employment 2. employee is negligent






29. 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






30. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






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






32. A reference to or a quotation from an authority






33. The clause in the Constitution (Article I - Section 8 - Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.






34. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)






35. Jurisdiction based on claims against property






36. 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.






37. Right to a trial by jury






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






39. 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






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






41. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property






42. 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.






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






44. The courts that awarded compensation back in English Realm






45. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






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






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






48. To confirm priestly authority upon






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






50. Three remedies known as land - items of value - or money