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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. 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.






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






3. A wrongful act that the actor had no right to do






4. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States






5. Right to a trial by jury






6. The act of changing location from one place to another






7. 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.






8. Claims






9. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






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






11. 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.






12. A brief outline of what the defendant and the plaintiff will try to prove.






13. A reference to or a quotation from an authority






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






15. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






16. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






17. 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.






18. The publication of false information about another's product - alleging that it is not what its seller claims.






19. 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)






20. The act of delivering a writ or summons upon someone






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






22. 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






23. 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






24. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






25. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






26. 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






27. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






28. 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.






29. 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






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






31. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






32. Law concerned with private wrongs against individuals






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






34. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.






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






36. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.






37. 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.






38. 1. employee activity within scope of employment 2. employee is negligent






39. 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.






40. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)






41. 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






42. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






43. 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






44. 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.






45. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






46. An example that is used to justify similar occurrences at a later time






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






48. The First Amendment guarantee that the government will not create and support an official state church






49. Previously decided cases that are as similar as possible to the one under consideration






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