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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. 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
Counterclaim
Defense
Negotiation
Legal reasoning
2. An amendment to the Constitution of the United States guaranteeing the right of free expression
Compensatory damages
Fourth Amendment
Affirmative defense
First Amendment
3. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Ethical reasoning
Affirmative defense
Defenses to negligence
uniform laws
4. 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.
Syllogism
Pretrial motions
Sixth Amendment
Direct examination
5. (civil law) a law established by following earlier judicial decisions
Alternative dispute resolution
Case law
Statutory Law
Legal realism
6. 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.
Motion for a new trial
Alleges
Courts of law
Online dispute resolution
7. A condensed written summary or abstract
positivist school
Legal and Equitable Remedies
Brief
Federal Jurisdiction
8. Three remedies known as land - items of value - or money
Justicable controversy
Negotiation
Remedies of Law
citation
9. A school of legal thought that views the law as a tool for promoting justice in society.
Eighth Amendment
Federal form of government
Sociological school
Cyberlaw
10. An act or omission without which an event would not have occurred.
Arbitration clause
Cross-examination
Remedies
Causation in fact
11. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Third Amendment
Rule of four
Eighth Amendment
Motion for judgement as a matter of law
12. Propositions or general statements of equitable rules
due proccess clause
Areas of Law that may affect business decision making
Equitable maxims
American Arbitration Association
13. 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
Arbitrability
diversity of citizenship
Defense
jurisprudence
14. The power to speak the law.
Analogy
Cyber torts
Jurisdiction
Legal and Equitable Remedies
15. (law) evidence sufficient to warrant an arrest or search and seizure
Respondent Superior
Relevant evidence
Probable cause
Legal realism
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
due proccess clause
Punitive damages
Stages in an A Typical Lawsuit
Business Ethics
17. The preponderance of evidence which means more likely then not.
Burden of proof
Relevant evidence
Brief
abnormally dangerous
18. 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.
Commerce clause
Award
Arbitration
Reporters
19. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
jurisprudence
Case Precedents and the doctrine of stare decisis
Trespass to land
20. A wrongful act that the actor had no right to do
Complaint
Compensatory damages
Federal Rules of Civil Procedure
Malpractice
21. 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.
Respondent
Alternative dispute resolution
Trespass to personal property
Seventh Amendment
22. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Summary jury trials
Fifth Amendment
Brief
Seventh Amendment
23. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Natural law
Federal Rules of Civil Procedure
Categorical imperative
24. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
Binding authority
Statutory Law
Privileges and and immunities clause
25. A sum of money paid in compensation for loss or injury
Jurisdiction
importance of common law
Damages
jurisprudence
26. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Proximate cause
Question of law
Complaint
Bankruptcy courts
27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Negotiation
Trade libel
State and Federal Court Systems
Precedent
28. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Writ of certiorari
Federal Rules of Civil Procedure
Exclusive Jurisdiction
Compensatory damages
29. 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.
Arbitrability
Closing argument
uniform laws
Question of law
30. A reference to or a quotation from an authority
Pleadings
Service of process
Venue
citation
31. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Sixth Amendment
Slander of quality
Administrative law
32. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Seventh Amendment
Tenth Amendment
fradulent Misrepresentation
State Jurisdiction
33. 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
Assumption of risk
Standing to sue
Absolute bar
Legal and Equitable Remedies
34. The act of delivering a writ or summons upon someone
Trespass to land
Small Claims courts
Service of process
Motion for judgement on the pleadings
35. Party who defends an appeal
Statutory Law
Appellee
Bankruptcy courts
Brief
36. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Opening statements
Historical school
Cyber torts
Compensatory damages
37. Someone who petitions a court for redress of a grievance or recovery of a right
Commerce clause
laches
Petitioner
Tenth Amendment
38. 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.
Second Amendment
Administrative agency
Trade libel
Trespass to land
39. 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.
Symbolic speech
Arbitration clause
establishment clause
Slander of title
40. A defendant's answer or plea denying the truth of the charges against him
Early neutral case evaluation
Rebuttal
Defense
Criminal law
41. 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)
State level appeal eligibility
Corporate social responsibility
Compensatory damages
Defenses to negligence
42. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Defenses to negligence
Alternative dispute resolution
Slander of quality
Categorical imperative
43. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Privileges and and immunities clause
Tenth Amendment
Defense
Search warrant
44. A claim filed in opposition to another claim in a legal action
voir dire
Counterclaim
Trade libel
Arbitration clause
45. Economic model that compares the marginal costs and marginal benefits of a decision
Appellee
establishment clause
Cost-benefit analysis
Cases on point
46. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Probate courts
tilitarinism
Free exercise clause
Rejoinder
47. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Arbitration
Reporters
When constitutional lawz apply
Trade libel
48. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Good samaritan statues
Legal reasoning
Equal protection clause
Default judgement
49. Relieve you of some liability when reasonable care is used
Concurrent Jurisdiction
Good samaritan statues
due proccess clause
Comparative negligence
50. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Fourth Amendment
Administrative agency
Historical school
Pretrial motions