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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. 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)
State level appeal eligibility
Eighth Amendment
Cyberlaw
Award
2. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Binding authority
Privileges and and immunities clause
Administrative law
Sociological school
3. Authority shared by both federal and state courts
establishment clause
Default judgement
Concurrent Jurisdiction
Civil Law
4. The act of delivering a writ or summons upon someone
Service of process
Negotiation
Administrative law
In rem jurisdiction
5. 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
Rejoinder
Probate courts
Compensatory damages
Direct examination
6. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Probable cause
Direct examination
Federal question
7. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Commerce clause
Federal form of government
Motion for a directed verdict
8. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Damages
Trade libel
Checks and balances
abnormally dangerous
9. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.
Arbitration
Cost-benefit analysis
Police powers
Opening statements
10. 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
Trade libel
Complaint
Search warrant
Concurrent Jurisdiction
11. 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
Second Amendment
Origins Of Common Law
citation
Trade libel
12. 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
Mini-trial
Third Amendment
Good samaritan statues
Federal form of government
13. A defendant's answer or plea denying the truth of the charges against him
Defense
abnormally dangerous
Mini-trial
uniform laws
14. Wrongs
Torts(Wrongs)
Litigation
Malpractice
Absolute bar
15. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Alternative dispute resolution
Compensatory damages
Litigation
State level appeal eligibility
16. 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
breaches
Arbitration
Free exercise clause
Justicable controversy
17. 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.
diversity of citizenship
Police powers
Slander of title
Question of fact
18. 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
Commerce clause
Small Claims courts
Legal and Equitable Remedies
19. 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
Cyberlaw
Standing to sue
American Arbitration Association
Remedies of Law
20. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
breaches
Contributory negligence
Malpractice
Stages in an A Typical Lawsuit
21. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Independent regulatory agencies
Remedies
Pretrial motions
22. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
Rejoinder
voir dire
Writ of execution
Closing argument
23. Drawing a comparison in order to show a similarity in some respect
Analogy
Legal and Equitable Remedies
Motion for judgement as a matter of law
Absolute bar
24. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Criminal law
Stare Decisis and legal Reasoning
Res ipsa loquitur
Respondent Superior
25. 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.
When constitutional lawz apply
Criminal law
Fourth Amendment
Administrative agency
26. A major provider of arbitration services
American Arbitration Association
Standing to sue
Exclusive Jurisdiction
Independent regulatory agencies
27. The location where something takes place - esp. a trial
Sixth Amendment
Slander of title
Complaint
Venue
28. The party who appeals a decision of a lower court
Small Claims courts
Slander of title
Appellant
Question of law
29. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Symbolic speech
Tenth Amendment
due proccess clause
Federal question
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.
Case law
Disparagement of property
Common law
Legal and Equitable Remedies
31. 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
Hearsay
Strict product liability
Statutory Law
32. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Chancellor
Defenses to negligence
Burden of proof
In rem jurisdiction
33. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Constitutional Law
Analogy
Third Amendment
Corporate social responsibility
34. 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.
Commerce clause
Hearsay
Trade libel
Trespass to land
35. Law concerned with public wrongs against society
Criminal law
Complaint
Slander of title
voir dire
36. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Symbolic speech
Motion for a new trial
Opinions
in personam jurisdiction
37. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Remedies
Remedies of Law
Default judgement
Rules of evidence
38. 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.
Service of process
Pretrial motions
Cross-examination
Independent regulatory agencies
39. (law) the initial questioning of a witness by the party that called the witness
Affirmative defense
Seventh Amendment
Statutory Law
Direct examination
40. A school of legal thought that views the law as a tool for promoting justice in society.
Cost-benefit analysis
Sociological school
Stare Decisis and legal Reasoning
Direct examination
41. 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
Federal question
Appellee
Search warrant
42. Jurisdiction based on claims against property
Torts(Wrongs)
In rem jurisdiction
Small Claims courts
Bill of Rights
43. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Award
Motion for a new trial
Affirmative defense
State and Federal Court Systems
44. 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
Bill of Rights
Federal Rules of Civil Procedure
fradulent Misrepresentation
Cost-benefit analysis
45. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Trespass to personal property
Federal form of government
Syllogism
Historical school
46. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Arbitration clause
Assumption of risk
Exclusive Jurisdiction
voir dire
47. Relieve you of some liability when reasonable care is used
Good samaritan statues
Direct examination
Litigation
Appellant
48. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Second Amendment
Jurisdiction
Rule of four
Case Precedents and the doctrine of stare decisis
49. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Alleges
Mini-trial
Rules of evidence
Equal protection clause
50. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Sixth Amendment
Summons
Appellee
Eighth Amendment