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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. (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
Remedies
Equal protection clause
Small Claims courts
Stages in an A Typical Lawsuit
2. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Probate courts
Principle of rights
Service of process
Comparative negligence
3. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
In rem jurisdiction
Privileges and and immunities clause
Res ipsa loquitur
Independent regulatory agencies
4. 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
Filtering software
In rem jurisdiction
Absolute bar
Answer
5. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
When constitutional lawz apply
importance of common law
Counterclaim
Criminal law
6. 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
When constitutional lawz apply
Alleges
jurisprudence
7. The government may not house soldiers in private homes without consent of the owner
Third Amendment
Motion
In rem jurisdiction
citation
8. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Exclusive Jurisdiction
Sixth Amendment
Privileges and and immunities clause
Ninth Amendment
9. The party who appeals a decision of a lower court
jurisprudence
Defenses to negligence
Appellant
Writ of certiorari
10. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Legal and Equitable Remedies
Courts of equity
Appellee
Arbitrability
11. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Third Amendment
Writ of certiorari
Ethical reasoning
Business Ethics
12. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
In rem jurisdiction
Negotiation
Binding authority
Pleadings
13. A sum of money paid in compensation for loss or injury
Courts of equity
law
Privileges and and immunities clause
Damages
14. Relieve you of some liability when reasonable care is used
Statues of limitation
Administrative agency
Good samaritan statues
uniform laws
15. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Complaint
due proccess clause
Search warrant
Historical school
16. (civil law) a law established by following earlier judicial decisions
Case law
Sixth Amendment
Venue
Probate courts
17. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Affirmative defense
Writ of certiorari
Constitutional Law
18. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Cyber torts
Absolute bar
Motion for a directed verdict
First Amendment
19. A school of legal thought that views the law as a tool for promoting justice in society.
Counterclaim
Federal form of government
Sociological school
Criminal law
20. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
due proccess clause
Syllogism
Full faith and credit clause
Stare Decisis and legal Reasoning
21. A claim filed in opposition to another claim in a legal action
Contributory negligence
Equal protection clause
Good samaritan statues
Counterclaim
22. To confirm priestly authority upon
Full faith and credit clause
Remedies
ordinaces
Historical school
23. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
in personam jurisdiction
Service of process
Constitutional Law
Appellee
24. Jurisdiction based on claims against property
Areas of Law that may affect business decision making
Precedent
In rem jurisdiction
Federal question
25. Protects you from unreasonable search and seizure of your home and property
Federal Rules of Civil Procedure
Fourth Amendment
Complaint
Corporate social responsibility
26. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Contributory negligence
Small Claims courts
First Amendment
Symbolic speech
27. 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
Case law
Legal reasoning
Federal question
diversity of citizenship
28. A defendant's answer or plea denying the truth of the charges against him
Federal Rules of Civil Procedure
In rem jurisdiction
Defense
Counterclaim
29. Ethical or unethical behaviors by employees in the context of their jobs
Business Ethics
laches
Causation in fact
Negligence
30. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Checks and balances
due proccess clause
Award
Default judgement
31. Someone who petitions a court for redress of a grievance or recovery of a right
Disparagement of property
Small Claims courts
Petitioner
Good samaritan statues
32. The publication of false information about another's product - alleging that it is not what its seller claims.
Seventh Amendment
citation
Statues of limitation
Slander of quality
33. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
tilitarinism
Torts(Wrongs)
Checks and balances
34. 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.
Disparagement of property
Commerce clause
Sixth Amendment
Fourth Amendment
35. Law concerned with private wrongs against individuals
Search warrant
Legal reasoning
Civil Law
State Jurisdiction
36. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Binding authority
Seventh Amendment
Legal realism
Federal Jurisdiction
37. The act of changing location from one place to another
Motion for judgement as a matter of law
In rem jurisdiction
Default judgement
Motion
38. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
laches
Damages
Comparative negligence
Rule of four
39. A legal proceeding in a court
Comparative negligence
Affirmative defense
Disparagement of property
Litigation
40. (law) a pleading made by a defendant in response to the plaintiff's replication
Rules of evidence
Relevant evidence
Rejoinder
Summons
41. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Hearsay
State level appeal eligibility
Sixth Amendment
Punitive damages
42. Highest official of a monarch. Granted new an unique remedies.
Principle of rights
Cross-examination
Public Policy
Chancellor
43. An example that is used to justify similar occurrences at a later time
Privileges and and immunities clause
Federal Rules of Civil Procedure
Assumption of risk
Precedent
44. A reference to or a quotation from an authority
American Arbitration Association
citation
Case Precedents and the doctrine of stare decisis
Principle of rights
45. Liability without fault. (Strict product liability)
Negotiation
Statues of limitation
Strict liability
Analogy
46. Previously decided cases that are as similar as possible to the one under consideration
Mini-trial
Cases on point
Jurisdiction
Probable cause
47. The principle pleading by the defendant in response to plaintiff's complaint
Independent regulatory agencies
Cross-examination
positive law
Answer
48. 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)
Police powers
Third Amendment
State level appeal eligibility
dram shop acts
49. The power to speak the law.
Probable cause
First Amendment
Jurisdiction
jurisprudence
50. 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.
Slander of title
Trespass to land
Default judgement
Proximate cause