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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. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Relevant evidence
Equitable maxims
abnormally dangerous
Federal Jurisdiction
2. In order to bring a lawsuit before a court a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system
importance of common law
Slander of quality
Standing to sue
Case law
3. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
positivist school
Slander of quality
Stare Decisis and legal Reasoning
Justicable controversy
4. The act of changing location from one place to another
positivist school
State Jurisdiction
Cross-examination
Motion
5. 1. employee activity within scope of employment 2. employee is negligent
Writ of certiorari
Privileges and and immunities clause
Respondent Superior
Public Policy
6. To confirm priestly authority upon
Seventh Amendment
ordinaces
Rule of four
uniform laws
7. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
importance of common law
Writ of execution
Trade libel
Opening statements
8. The preponderance of evidence which means more likely then not.
Trespass to personal property
Answer
Eighth Amendment
Burden of proof
9. A defendant's answer or plea denying the truth of the charges against him
Cases on point
Defense
Trespass to personal property
Historical school
10. A wrongful act that the actor had no right to do
Malpractice
Contributory negligence
Tenth Amendment
Hearsay
11. 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.
Malpractice
Default judgement
Ethical reasoning
Proximate cause
12. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Closing argument
Constitutional Law
in personam jurisdiction
Negotiation
13. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
uniform laws
Tenth Amendment
Jurisdiction
14. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Award
Free exercise clause
Courts of law
importance of common law
15. Protects you from unreasonable search and seizure of your home and property
Eighth Amendment
Principle of rights
Cost-benefit analysis
Fourth Amendment
16. Torts committed via the internet
Equal protection clause
Search warrant
Relevant evidence
Cyber torts
17. Highest official of a monarch. Granted new an unique remedies.
Trespass to land
Filtering software
Chancellor
Causation in fact
18. The government may not house soldiers in private homes without consent of the owner
Jurisdiction
Appellant
Commerce clause
Third Amendment
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)
in personam jurisdiction
Small Claims courts
Binding authority
State level appeal eligibility
20. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Search warrant
dram shop acts
due proccess clause
Motion for judgement as a matter of law
21. Someone who petitions a court for redress of a grievance or recovery of a right
Pleadings
Equitable maxims
Counterclaim
Petitioner
22. Rules governing the admissibility of evidence in trial courts.
Slander of title
American Arbitration Association
Symbolic speech
Rules of evidence
23. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Stages in an A Typical Lawsuit
Ethical reasoning
Summary jury trials
due proccess clause
24. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Rule of four
Trespass to land
Binding authority
Early neutral case evaluation
25. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Justicable controversy
Federal question
Comparative negligence
Ethical reasoning
26. 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.
Trespass to personal property
Legal and Equitable Remedies
Full faith and credit clause
dram shop acts
27. A brief outline of what the defendant and the plaintiff will try to prove.
Arbitrability
Complaint
Opening statements
Origins Of Common Law
28. Law concerned with public wrongs against society
Writ of execution
Criminal law
Complaint
Respondent Superior
29. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
State Jurisdiction
Sociological school
Default judgement
Damages
30. Claims
Affirmative defense
Alleges
Alternative dispute resolution
Exclusive Jurisdiction
31. 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.
Relevant evidence
Third Amendment
Administrative agency
due proccess clause
32. Previously decided cases that are as similar as possible to the one under consideration
Brief
Sixth Amendment
Cases on point
Legal reasoning
33. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Cost-benefit analysis
Principle of rights
Trespass to personal property
voir dire
34. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Respondent Superior
Appellant
Fifth Amendment
Motion for a new trial
35. 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
Reporters
Causation in fact
Origins Of Common Law
Alleges
36. An example that is used to justify similar occurrences at a later time
Precedent
Administrative law
Default judgement
Concurrent Jurisdiction
37. 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.
Statues of limitation
Complaint
Counterclaim
positivist school
38. 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
Trade libel
Syllogism
Punitive damages
In rem jurisdiction
39. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Burden of proof
Commerce clause
Fourth Amendment
Defenses to negligence
40. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Syllogism
breaches
Res ipsa loquitur
Probable cause
41. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Case Precedents and the doctrine of stare decisis
Defense
Business Ethics
Filtering software
42. If the injured party can be made whole by receiving something of economic value - the remedy is a legal remedy [damages] - if a remedy at law is inadequate - a litigant may seek a remedy in equity - which involves notions of fair dealing and justice
Legal and Equitable Remedies
dram shop acts
Analogy
breaches
43. Specific length of time an individual can sue for injury resulting from negligence
When constitutional lawz apply
Privileges and and immunities clause
Statues of limitation
Binding authority
44. 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.
Chancellor
Affirmative defense
Counterclaim
Torts(Wrongs)
45. Three remedies known as land - items of value - or money
Remedies of Law
Negotiation
Writ of certiorari
Sociological school
46. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Equitable maxims
jurisprudence
In rem jurisdiction
due proccess clause
47. The power to speak the law.
Administrative law
Jurisdiction
Syllogism
Service of process
48. 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
Federal form of government
dram shop acts
Mini-trial
Pretrial motions
49. Drawing a comparison in order to show a similarity in some respect
Litigation
Stare Decisis and legal Reasoning
Arbitrability
Analogy
50. An act or omission without which an event would not have occurred.
Causation in fact
Case Precedents and the doctrine of stare decisis
Cross-examination
Alleges