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Business Law Test

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. 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.






2. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






3. 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.






4. 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






5. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






6. The government may not house soldiers in private homes without consent of the owner






7. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






8. 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






9. A reference to or a quotation from an authority






10. Assumption of risk - Superseding cause - and contributory and comparative negligence.






11. The act of delivering a writ or summons upon someone






12. State statute that permits a state to obtain personal jurisdiction over nonresident defendants






13. 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






14. 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)






15. A brief outline of what the defendant and the plaintiff will try to prove.






16. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.






17. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






18. The act of changing location from one place to another






19. Ethical or unethical behaviors by employees in the context of their jobs






20. 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






21. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






22. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






23. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights






24. 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.






25. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.






26. Law concerned with public wrongs against society






27. 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






28. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






29. The rules governing the manner in which civil cases are brough in and progress through the federal courts






30. Relieve you of some liability when reasonable care is used






31. Economic model that compares the marginal costs and marginal benefits of a decision






32. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court






33. 1. employee activity within scope of employment 2. employee is negligent






34. The body of rules and regulations and orders and decisions created by administrative agencies of government






35. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






36. 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






37. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






38. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






39. An amendment to the Constitution of the United States guaranteeing the right of free expression






40. Set of books containing published court decisions






41. Jurisdiction based on claims against property






42. 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.






43. 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.






44. The location where something takes place - esp. a trial






45. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs






46. Specific length of time an individual can sue for injury resulting from negligence






47. 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






48. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






49. 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.






50. (law) evidence sufficient to warrant an arrest or search and seizure