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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. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
diversity of citizenship
Third Amendment
Respondent
dram shop acts
2. 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
fradulent Misrepresentation
Probate courts
Complaint
tilitarinism
3. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Opinions
Criminal law
Burden of proof
When constitutional lawz apply
4. The body of laws created by legislative statutes
Hearsay
Direct examination
Statutory Law
Natural law
5. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
In rem jurisdiction
Fifth Amendment
Remedies
voir dire
6. The publication of false information about another's product - alleging that it is not what its seller claims.
Equitable maxims
Trespass to land
Slander of quality
Public Policy
7. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
Complaint
Sociological school
Privileges and and immunities clause
8. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Privileges and and immunities clause
Default judgement
Common law
laches
9. Courts that handle cases that involve less than $5000
Motion
Privileges and and immunities clause
Small Claims courts
Public Policy
10. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case
Counterclaim
Justicable controversy
Mini-trial
Courts of law
11. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
in personam jurisdiction
Trespass to personal property
Respondent
Strict product liability
12. The First Amendment guarantee that the government will not create and support an official state church
due proccess clause
Answer
establishment clause
Concurrent Jurisdiction
13. A court will award money or other relief to a party injured by a breach of contract
Compensatory damages
Slander of title
Litigation
Remedies
14. 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
Respondent
In rem jurisdiction
Service of process
Probable cause
15. 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.
Arbitration
positivist school
Privileges and and immunities clause
Commerce clause
16. The body of conventional - or written - law of a particular society at a particular point in time.
jurisprudence
Origins Of Common Law
positive law
Disparagement of property
17. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children
Probate courts
Motion for judgement on the pleadings
Small Claims courts
Compensatory damages
18. Someone who petitions a court for redress of a grievance or recovery of a right
Ethical reasoning
Motion for a directed verdict
Question of fact
Petitioner
19. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Precedent
Full faith and credit clause
Arbitration
20. 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.
Early neutral case evaluation
diversity of citizenship
Proximate cause
Equitable maxims
21. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati
Strict liability
Arbitrability
Commerce clause
uniform laws
22. 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)
Rebuttal
State level appeal eligibility
establishment clause
Free exercise clause
23. 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.
Respondent
Courts of law
abnormally dangerous
Proximate cause
24. To be on the land of another without right or permission of the owner
positivist school
Precedent
Causation in fact
Trespass to land
25. A clause in a contract providing for arbitration of disputes arising under the contract
Alleges
Syllogism
Arbitration clause
Cyberlaw
26. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Fourth Amendment
Police powers
Answer
27. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Torts(Wrongs)
Federal Rules of Civil Procedure
uniform laws
Commerce clause
28. (law) the right and power to interpret and apply the law
Justicable controversy
Jurisdiction
Slander of quality
Question of fact
29. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Compensatory damages
Civil Law
Principle of rights
Legal reasoning
30. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Legal realism
jurisprudence
Statutory Law
Malpractice
31. 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
Rules of evidence
Categorical imperative
diversity of citizenship
Probable cause
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
Contributory negligence
Trespass to land
Motion for judgement on the pleadings
33. (civil law) a law established by following earlier judicial decisions
jurisprudence
Case Precedents and the doctrine of stare decisis
Appellee
Case law
34. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Cases on point
Exclusive Jurisdiction
importance of common law
Strict liability
35. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Full faith and credit clause
Arbitration clause
fradulent Misrepresentation
Rejoinder
36. 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.
Question of law
Appellant
Pretrial motions
Disparagement of property
37. The act of changing location from one place to another
Motion
Federal form of government
Cost-benefit analysis
Slander of quality
38. A claim filed in opposition to another claim in a legal action
Counterclaim
Pretrial motions
Writ of execution
Litigation
39. 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
Constitutional Law
Mini-trial
Natural law
Legal and Equitable Remedies
40. A reference to or a quotation from an authority
Brief
citation
Appellee
Areas of Law that may affect business decision making
41. 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.
Federal form of government
Venue
Equal protection clause
Motion for a directed verdict
42. An act or omission without which an event would not have occurred.
Areas of Law that may affect business decision making
Causation in fact
Public Policy
Negotiation
43. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
Federal Jurisdiction
Alternative dispute resolution
Origins Of Common Law
44. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Assumption of risk
Affirmative defense
Comparative negligence
Causation in fact
45. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Corporate social responsibility
Commerce clause
Free exercise clause
46. 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
Syllogism
Federal form of government
Strict product liability
47. Law concerned with public wrongs against society
Federal question
Remedies
State and Federal Court Systems
Criminal law
48. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion
Comparative negligence
Motion for judgement as a matter of law
Strict liability
49. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Early neutral case evaluation
Checks and balances
Punitive damages
Writ of certiorari
50. 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
Punitive damages
Legal reasoning
State and Federal Court Systems
State Jurisdiction