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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. Jurisdiction based on claims against property






2. 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.






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






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






6. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England






7. 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.






8. 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






9. 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.






10. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar






11. A major provider of arbitration services






12. Wrongs






13. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.






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






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






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






17. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






18. 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.






19. A reference to or a quotation from an authority






20. The principle pleading by the defendant in response to plaintiff's complaint






21. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.






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






23. 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.






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






25. 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.






26. The government may not house soldiers in private homes without consent of the owner






27. 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






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






29. A condensed written summary or abstract






30. 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






31. The rules governing the manner in which civil cases are brough in and progress through the federal courts






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






33. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






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






35. 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






36. Ethical or unethical behaviors by employees in the context of their jobs






37. 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.






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






39. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






40. Economic model that compares the marginal costs and marginal benefits of a decision






41. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law






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






43. Law concerned with public wrongs against society






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






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






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






47. 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.






48. Party who defends an appeal






49. Liability without fault. (Strict product liability)






50. Right to a trial by jury