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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. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
due proccess clause
Affirmative defense
Federal Jurisdiction
Independent regulatory agencies
2. 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.
Criminal law
State and Federal Court Systems
Slander of title
Sixth Amendment
3. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Federal Rules of Civil Procedure
Res ipsa loquitur
Litigation
Motion for a directed verdict
4. Claims
diversity of citizenship
Contributory negligence
Online dispute resolution
Alleges
5. The act of delivering a writ or summons upon someone
Federal Rules of Civil Procedure
Service of process
Cases on point
Legal reasoning
6. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Comparative negligence
due proccess clause
Federal question
Corporate social responsibility
7. A major provider of arbitration services
Categorical imperative
American Arbitration Association
Remedies
Checks and balances
8. 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.
jurisprudence
Exclusive Jurisdiction
Trade libel
Trespass to personal property
9. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Cost-benefit analysis
Equal protection clause
Courts of law
Pretrial motions
10. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Contributory negligence
uniform laws
Long arm statue
Case law
11. (law) a pleading made by a defendant in response to the plaintiff's replication
Rejoinder
Equal protection clause
Public Policy
Mini-trial
12. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Petitioner
Courts of law
Cost-benefit analysis
Eighth Amendment
13. A question asked to determine what is true or to what extent something is true
Reporters
citation
fradulent Misrepresentation
Question of fact
14. Three remedies known as land - items of value - or money
Probate courts
Rejoinder
Remedies of Law
Opening statements
15. 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.
Chancellor
Federal form of government
Question of law
Rule of four
16. The body of laws created by legislative statutes
Categorical imperative
Statutory Law
Motion for judgement on the pleadings
Ethical reasoning
17. 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
Summary jury trials
Independent regulatory agencies
Compensatory damages
Mini-trial
18. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Respondent
Service of process
uniform laws
Historical school
19. Courts that handle cases that involve less than $5000
establishment clause
Trespass to personal property
Small Claims courts
Appellant
20. 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.
Trespass to personal property
Appellant
Binding authority
positive law
21. 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
Rebuttal
Legal realism
Relevant evidence
22. An order to appear in person at a given place and time
Syllogism
Compensatory damages
Summons
Long arm statue
23. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Standing to sue
Contributory negligence
Negotiation
Motion for a new trial
24. 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
Binding authority
State and Federal Court Systems
Rules of evidence
Res ipsa loquitur
25. Enforcable rules governing relationships among individuals and between individuals and thier society.
Opening statements
State Jurisdiction
Causation in fact
law
26. 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
Legal reasoning
Hearsay
Probate courts
Alleges
27. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Statutory Law
importance of common law
Absolute bar
Strict product liability
28. Judges must abide by precedents in thier jurisdictions.
Corporate social responsibility
Case Precedents and the doctrine of stare decisis
Rule of four
Precedent
29. 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
Writ of execution
Compensatory damages
Exclusive Jurisdiction
law
30. A defendant's answer or plea denying the truth of the charges against him
Defense
Standing to sue
Categorical imperative
Filtering software
31. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
Exclusive Jurisdiction
Jurisdiction
Disparagement of property
tilitarinism
32. Drawing a comparison in order to show a similarity in some respect
Motion for judgement as a matter of law
positive law
Analogy
Constitutional Law
33. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Relevant evidence
Third Amendment
Exclusive Jurisdiction
Compensatory damages
34. 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.
Complaint
Affirmative defense
Police powers
ordinaces
35. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Third Amendment
Police powers
breaches
Constitutional Law
36. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Arbitrability
Sociological school
When constitutional lawz apply
Second Amendment
37. The preponderance of evidence which means more likely then not.
State and Federal Court Systems
Burden of proof
Bill of Rights
Rules of evidence
38. The act of changing location from one place to another
Common law
Torts(Wrongs)
Motion
Punitive damages
39. Propositions or general statements of equitable rules
Courts of law
Commerce clause
Equitable maxims
Negotiation
40. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Counterclaim
Legal realism
Respondent
dram shop acts
41. Right to bear arms
Remedies
Sociological school
Second Amendment
jurisprudence
42. A legal proceeding in a court
Rules of evidence
Sociological school
Litigation
Proximate cause
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
Counterclaim
uniform laws
fradulent Misrepresentation
Binding authority
44. A school of legal thought that views the law as a tool for promoting justice in society.
Independent regulatory agencies
Jurisdiction
Sociological school
Pleadings
45. 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
Bankruptcy courts
Negligence
Checks and balances
46. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Administrative agency
Rejoinder
Tenth Amendment
Appellant
47. 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
Compensatory damages
fradulent Misrepresentation
Bankruptcy courts
Motion
48. 1. employee activity within scope of employment 2. employee is negligent
Question of fact
Cases on point
Jurisdiction
Respondent Superior
49. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Seventh Amendment
Fifth Amendment
jurisprudence
Ethical reasoning
50. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Absolute bar
Jurisdiction
Federal Rules of Civil Procedure