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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. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Federal form of government
Comparative negligence
fradulent Misrepresentation
positive law
2. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Business Ethics
Federal Rules of Civil Procedure
Equal protection clause
Federal question
3. Torts committed via the internet
Checks and balances
Cyber torts
Cross-examination
Writ of execution
4. 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
Filtering software
Eighth Amendment
Mini-trial
Statues of limitation
5. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Closing argument
Relevant evidence
Negligence
Petitioner
6. 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
voir dire
Affirmative defense
Hearsay
7. 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.
Analogy
Proximate cause
First Amendment
Pretrial motions
8. Any source of law that a court must follow when deciding a case. This includes constitutions - statues - and regulations - that govern the issue being decided - as well as previous court decisions in the same jurisdiction.
Courts of equity
Binding authority
Good samaritan statues
Syllogism
9. 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
Principle of rights
Criminal law
Respondent
Justicable controversy
10. 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
Public Policy
fradulent Misrepresentation
Strict product liability
Cyberlaw
11. The preponderance of evidence which means more likely then not.
Strict product liability
laches
jurisprudence
Burden of proof
12. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Full faith and credit clause
First Amendment
Cross-examination
breaches
13. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Punitive damages
Police powers
ordinaces
14. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Search warrant
Ethical reasoning
Eighth Amendment
Appellee
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
Compensatory damages
Precedent
Hearsay
Torts(Wrongs)
16. A condensed written summary or abstract
Motion for judgement as a matter of law
Remedies of Law
Precedent
Brief
17. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
positivist school
Alleges
Checks and balances
Public Policy
18. 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
State and Federal Court Systems
Standing to sue
Equitable maxims
Contributory negligence
19. (law) evidence sufficient to warrant an arrest or search and seizure
Cross-examination
Ninth Amendment
Federal form of government
Probable cause
20. A school of legal thought that views the law as a tool for promoting justice in society.
citation
Precedent
Arbitrability
Sociological school
21. The body of conventional - or written - law of a particular society at a particular point in time.
Statues of limitation
positive law
Malpractice
Arbitrability
22. Need a set of laws so that commerce is possible; can't have different laws in every state for business. Uniform Commercial Code. Uniform Partnernship Act. Most states adopt them but not in the exact same form
Award
Summons
uniform laws
Early neutral case evaluation
23. An act or omission without which an event would not have occurred.
Binding authority
Stare Decisis and legal Reasoning
Causation in fact
Default judgement
24. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Principle of rights
Motion for judgement on the pleadings
Comparative negligence
importance of common law
25. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Defense
Slander of quality
Free exercise clause
Rejoinder
26. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Legal and Equitable Remedies
Remedies of Law
Federal Rules of Civil Procedure
State Jurisdiction
27. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Civil Law
State and Federal Court Systems
Respondent
Precedent
28. A court will award money or other relief to a party injured by a breach of contract
fradulent Misrepresentation
Remedies
Independent regulatory agencies
Summary jury trials
29. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
breaches
Standing to sue
When constitutional lawz apply
Respondent Superior
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
Statues of limitation
Bill of Rights
Historical school
31. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Negotiation
Cost-benefit analysis
Federal Rules of Civil Procedure
32. 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
Fourth Amendment
Compensatory damages
Chancellor
33. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Ninth Amendment
Service of process
Stare Decisis and legal Reasoning
voir dire
34. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Summons
Jurisdiction
Closing argument
35. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Trade libel
jurisprudence
Checks and balances
Appellant
36. 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.
In rem jurisdiction
Question of law
Courts of equity
Criminal law
37. (law) a pleading made by a defendant in response to the plaintiff's replication
Venue
Historical school
Chancellor
Rejoinder
38. 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.
In rem jurisdiction
Direct examination
Fourth Amendment
Trespass to personal property
39. 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
Federal question
voir dire
Trade libel
40. A wrongful act that the actor had no right to do
Malpractice
Second Amendment
Federal form of government
Free exercise clause
41. The act of delivering a writ or summons upon someone
Assumption of risk
uniform laws
Direct examination
Service of process
42. Enforcable rules governing relationships among individuals and between individuals and thier society.
Pretrial motions
law
Service of process
Police powers
43. The courts that awarded compensation back in English Realm
Courts of law
Motion for judgement as a matter of law
Case Precedents and the doctrine of stare decisis
due proccess clause
44. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Complaint
fradulent Misrepresentation
Federal question
Stages in an A Typical Lawsuit
45. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
jurisprudence
Rejoinder
Defense
Eighth Amendment
46. Judges must abide by precedents in thier jurisdictions.
Mini-trial
Case Precedents and the doctrine of stare decisis
Award
Cases on point
47. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
State Jurisdiction
Probable cause
Strict product liability
Online dispute resolution
48. Protects you from unreasonable search and seizure of your home and property
Negligence
Checks and balances
Concurrent Jurisdiction
Fourth Amendment
49. 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
Business invitees
Contributory negligence
Probate courts
Award
50. Drawing a comparison in order to show a similarity in some respect
Jurisdiction
Analogy
dram shop acts
Summons