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Business Law Test
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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. A school of legal thought that views the law as a tool for promoting justice in society.
Remedies
Sociological school
Principle of rights
Federal Rules of Civil Procedure
2. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Trade libel
Case Precedents and the doctrine of stare decisis
Pretrial motions
Fifth Amendment
3. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
uniform laws
Slander of title
Contributory negligence
Remedies
4. The act of delivering a writ or summons upon someone
Tenth Amendment
Historical school
Hearsay
Service of process
5. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Appellant
Opinions
State and Federal Court Systems
Checks and balances
6. 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.
Rule of four
Pleadings
Good samaritan statues
Trespass to personal property
7. (law) evidence sufficient to warrant an arrest or search and seizure
Early neutral case evaluation
In rem jurisdiction
Alleges
Probable cause
8. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Negligence
Venue
Service of process
9. A court will award money or other relief to a party injured by a breach of contract
Areas of Law that may affect business decision making
Contributory negligence
Privileges and and immunities clause
Remedies
10. The preponderance of evidence which means more likely then not.
Damages
Burden of proof
Negligence
Litigation
11. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
Appellee
In rem jurisdiction
Categorical imperative
12. Previously decided cases that are as similar as possible to the one under consideration
First Amendment
voir dire
Seventh Amendment
Cases on point
13. Claims
Free exercise clause
Common law
Opening statements
Alleges
14. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Statues of limitation
Chancellor
importance of common law
15. 1. employee activity within scope of employment 2. employee is negligent
Proximate cause
Small Claims courts
Respondent Superior
Award
16. A clause in a contract providing for arbitration of disputes arising under the contract
Federal Jurisdiction
Res ipsa loquitur
Rejoinder
Arbitration clause
17. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Probable cause
Federal Rules of Civil Procedure
Motion for a directed verdict
Independent regulatory agencies
18. Right to bear arms
State and Federal Court Systems
Second Amendment
Ninth Amendment
Legal and Equitable Remedies
19. 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
Relevant evidence
Mini-trial
Trespass to land
Cyberlaw
20. 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
Filtering software
State and Federal Court Systems
Ninth Amendment
Comparative negligence
21. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
uniform laws
positivist school
Motion for judgement as a matter of law
22. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Eighth Amendment
Administrative law
When constitutional lawz apply
Award
23. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Free exercise clause
Motion for judgement as a matter of law
Federal form of government
Criminal law
24. Party who defends an appeal
Motion for a new trial
Appellee
Chancellor
Standing to sue
25. An example that is used to justify similar occurrences at a later time
Contributory negligence
Appellee
Precedent
Seventh Amendment
26. 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.
Award
Cyber torts
State level appeal eligibility
Negligence
27. Propositions or general statements of equitable rules
Brief
Federal question
Compensatory damages
Equitable maxims
28. To be on the land of another without right or permission of the owner
When constitutional lawz apply
Legal and Equitable Remedies
Hearsay
Trespass to land
29. 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)
Sociological school
Free exercise clause
State level appeal eligibility
American Arbitration Association
30. 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.
Rebuttal
breaches
Binding authority
in personam jurisdiction
31. 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.
Answer
Petitioner
Administrative agency
Pretrial motions
32. (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
Stages in an A Typical Lawsuit
Rules of evidence
Federal form of government
Alleges
33. Judges must abide by precedents in thier jurisdictions.
Pleadings
Appellee
Rejoinder
Case Precedents and the doctrine of stare decisis
34. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
When constitutional lawz apply
Fourth Amendment
Probate courts
Checks and balances
35. 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.
Bill of Rights
Constitutional Law
Proximate cause
Legal and Equitable Remedies
36. To confirm priestly authority upon
breaches
Motion for judgement on the pleadings
ordinaces
Police powers
37. The body of conventional - or written - law of a particular society at a particular point in time.
Legal realism
positive law
Compensatory damages
Negotiation
38. An order to appear in person at a given place and time
Summons
jurisprudence
Alternative dispute resolution
Comparative negligence
39. The party who appeals a decision of a lower court
Appellant
Symbolic speech
Litigation
Federal question
40. Drawing a comparison in order to show a similarity in some respect
Appellee
Respondent Superior
Analogy
Motion for judgement as a matter of law
41. 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
Arbitration
Opinions
citation
Jurisdiction
42. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
uniform laws
Binding authority
Punitive damages
Sociological school
43. 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
uniform laws
Slander of title
Federal question
Negotiation
44. A condensed written summary or abstract
Compensatory damages
Federal form of government
Brief
Strict product liability
45. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Stages in an A Typical Lawsuit
Third Amendment
Stare Decisis and legal Reasoning
Administrative agency
46. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Search warrant
Seventh Amendment
Federal Jurisdiction
Slander of quality
47. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
establishment clause
Alleges
Hearsay
Equal protection clause
48. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Sixth Amendment
Public Policy
Opinions
Causation in fact
49. Someone who petitions a court for redress of a grievance or recovery of a right
Compensatory damages
Categorical imperative
Petitioner
laches
50. Right to a trial by jury
Seventh Amendment
abnormally dangerous
law
American Arbitration Association
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