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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. 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.
Police powers
Good samaritan statues
Constitutional Law
Early neutral case evaluation
2. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Concurrent Jurisdiction
Default judgement
Negotiation
Legal reasoning
3. 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.
Legal realism
Stare Decisis and legal Reasoning
Jurisdiction
Binding authority
4. 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
Legal and Equitable Remedies
Probable cause
Motion
Legal reasoning
5. 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.
Cross-examination
Case law
Summons
Award
6. The government may not house soldiers in private homes without consent of the owner
Principle of rights
Good samaritan statues
abnormally dangerous
Third Amendment
7. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
Online dispute resolution
Jurisdiction
Symbolic speech
8. 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
Statutory Law
State and Federal Court Systems
Defense
Seventh Amendment
9. A reference to or a quotation from an authority
citation
Slander of title
Hearsay
When constitutional lawz apply
10. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
voir dire
Respondent Superior
Seventh Amendment
11. The act of delivering a writ or summons upon someone
Service of process
Cyber torts
Comparative negligence
Fourth Amendment
12. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Federal question
Pleadings
Long arm statue
Slander of title
13. 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
Public Policy
Alleges
Federal form of government
Reporters
14. 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)
Service of process
Chancellor
Award
State level appeal eligibility
15. A brief outline of what the defendant and the plaintiff will try to prove.
Online dispute resolution
Opening statements
Federal form of government
Third Amendment
16. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Courts of equity
Direct examination
ordinaces
When constitutional lawz apply
17. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Fourth Amendment
importance of common law
Origins Of Common Law
18. The act of changing location from one place to another
Question of law
Federal question
Motion
Origins Of Common Law
19. Ethical or unethical behaviors by employees in the context of their jobs
Cross-examination
Business Ethics
Federal form of government
Writ of certiorari
20. 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
Justicable controversy
Commerce clause
Standing to sue
Affirmative defense
21. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Rule of four
Pretrial motions
Justicable controversy
22. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Answer
Closing argument
Seventh Amendment
Standing to sue
23. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
American Arbitration Association
Principle of rights
Strict liability
law
24. 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.
Cyberlaw
fradulent Misrepresentation
positivist school
Direct examination
25. 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.
Venue
Complaint
Motion for a new trial
Motion for a directed verdict
26. Law concerned with public wrongs against society
Negotiation
Criminal law
Proximate cause
Writ of execution
27. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important
Legal reasoning
due proccess clause
Pleadings
In rem jurisdiction
28. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Trespass to personal property
Administrative law
Res ipsa loquitur
Equal protection clause
29. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Independent regulatory agencies
Historical school
Service of process
30. Relieve you of some liability when reasonable care is used
Public Policy
Good samaritan statues
law
Opinions
31. Economic model that compares the marginal costs and marginal benefits of a decision
Business invitees
Cost-benefit analysis
Pleadings
Writ of execution
32. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Tenth Amendment
Stare Decisis and legal Reasoning
Alternative dispute resolution
Precedent
33. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Appellant
breaches
Rules of evidence
34. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Legal realism
Common law
Writ of execution
35. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Rules of evidence
Defenses to negligence
Arbitration clause
Writ of certiorari
36. 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
In rem jurisdiction
Ethical reasoning
Legal reasoning
Slander of quality
37. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Ethical reasoning
Pretrial motions
Arbitrability
Public Policy
38. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
dram shop acts
Alleges
Principle of rights
Comparative negligence
39. An amendment to the Constitution of the United States guaranteeing the right of free expression
Third Amendment
In rem jurisdiction
First Amendment
Trespass to land
40. Set of books containing published court decisions
Pretrial motions
importance of common law
Federal question
Reporters
41. Jurisdiction based on claims against property
Free exercise clause
Online dispute resolution
Jurisdiction
In rem jurisdiction
42. 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.
Motion for judgement as a matter of law
Question of law
breaches
Small Claims courts
43. 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.
Respondent
Slander of title
Opinions
Relevant evidence
44. The location where something takes place - esp. a trial
Venue
Answer
Early neutral case evaluation
Complaint
45. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Malpractice
Reporters
Proximate cause
Legal realism
46. Specific length of time an individual can sue for injury resulting from negligence
Cases on point
Statues of limitation
Bill of Rights
Respondent Superior
47. 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
importance of common law
Rebuttal
Writ of execution
Constitutional Law
48. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Writ of certiorari
Checks and balances
Privileges and and immunities clause
Defense
49. 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.
Syllogism
Police powers
Fifth Amendment
Cross-examination
50. (law) evidence sufficient to warrant an arrest or search and seizure
Motion
importance of common law
Probable cause
Remedies of Law