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Business Law Test
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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. 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.
Trade libel
Question of law
Defense
In rem jurisdiction
2. (law) the initial questioning of a witness by the party that called the witness
Counterclaim
citation
Direct examination
Federal Rules of Civil Procedure
3. 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.
Alternative dispute resolution
Legal reasoning
Trespass to personal property
Business invitees
4. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Principle of rights
Public Policy
Commerce clause
Respondent
5. 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.
Motion for a new trial
Trespass to personal property
American Arbitration Association
Commerce clause
6. The party who appeals a decision of a lower court
Burden of proof
Appellant
Ninth Amendment
Cases on point
7. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent
Principle of rights
Arbitration
Motion for a new trial
Contributory negligence
8. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Negligence
Rejoinder
Defenses to negligence
Case law
9. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Good samaritan statues
Syllogism
Statutory Law
Absolute bar
10. A condensed written summary or abstract
Cyber torts
Petitioner
Brief
Cost-benefit analysis
11. Authority shared by both federal and state courts
positivist school
Concurrent Jurisdiction
Stare Decisis and legal Reasoning
Pleadings
12. 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.
Affirmative defense
Negligence
Stages in an A Typical Lawsuit
Small Claims courts
13. 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
Tenth Amendment
Alleges
Slander of title
Legal reasoning
14. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Slander of title
Cross-examination
Stages in an A Typical Lawsuit
Rejoinder
15. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Administrative law
Probate courts
Affirmative defense
Contributory negligence
16. The act of changing location from one place to another
In rem jurisdiction
Motion
Historical school
Common law
17. The government may not house soldiers in private homes without consent of the owner
positivist school
Analogy
Third Amendment
Civil Law
18. A brief outline of what the defendant and the plaintiff will try to prove.
Trespass to personal property
Opening statements
Courts of law
Analogy
19. 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
Case Precedents and the doctrine of stare decisis
Arbitrability
Symbolic speech
Equitable maxims
20. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
Relevant evidence
Question of fact
citation
21. 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
Respondent Superior
Full faith and credit clause
Summary jury trials
Symbolic speech
22. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Natural law
Commerce clause
Punitive damages
Jurisdiction
23. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Question of fact
Slander of quality
fradulent Misrepresentation
24. Rules governing the admissibility of evidence in trial courts.
Negotiation
Bankruptcy courts
Rules of evidence
positive law
25. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Categorical imperative
Alleges
voir dire
Summons
26. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Ninth Amendment
Negotiation
Small Claims courts
Common law
27. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Reporters
Opinions
tilitarinism
28. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
Online dispute resolution
First Amendment
Alternative dispute resolution
29. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Respondent Superior
Litigation
Probate courts
Legal realism
30. 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
Federal Rules of Civil Procedure
Cyber torts
Strict product liability
31. Ethical or unethical behaviors by employees in the context of their jobs
Commerce clause
ordinaces
Business Ethics
Proximate cause
32. (law) evidence sufficient to warrant an arrest or search and seizure
Good samaritan statues
Stare Decisis and legal Reasoning
Relevant evidence
Probable cause
33. 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
Equal protection clause
Seventh Amendment
Probate courts
Trespass to personal property
34. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Question of fact
Burden of proof
Third Amendment
Free exercise clause
35. Party who defends an appeal
Appellee
Relevant evidence
Motion
State level appeal eligibility
36. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
When constitutional lawz apply
Business Ethics
Courts of law
laches
37. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
Independent regulatory agencies
Remedies
Small Claims courts
38. 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.
due proccess clause
Cyberlaw
Litigation
Proximate cause
39. A clause in a contract providing for arbitration of disputes arising under the contract
Ethical reasoning
Motion for a new trial
Arbitration clause
State Jurisdiction
40. The courts that awarded compensation back in English Realm
Early neutral case evaluation
Motion for judgement as a matter of law
importance of common law
Courts of law
41. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Tenth Amendment
Motion for judgement on the pleadings
American Arbitration Association
42. Courts that handle cases that involve less than $5000
State level appeal eligibility
abnormally dangerous
Filtering software
Small Claims courts
43. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
positive law
Principle of rights
Summary jury trials
Remedies
44. (law) the right and power to interpret and apply the law
Small Claims courts
Jurisdiction
Good samaritan statues
Binding authority
45. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Statutory Law
Privileges and and immunities clause
breaches
abnormally dangerous
46. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Federal Rules of Civil Procedure
Fourth Amendment
Bill of Rights
Jurisdiction
47. 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.
Business Ethics
Business invitees
Administrative agency
Sixth Amendment
48. Law concerned with private wrongs against individuals
Civil Law
Statues of limitation
Probate courts
Online dispute resolution
49. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Damages
importance of common law
Service of process
Writ of certiorari
50. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Complaint
Strict product liability
due proccess clause
Jurisdiction
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