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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. 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
Courts of equity
Business Ethics
Writ of execution
Probate courts
2. Liability without fault. (Strict product liability)
Strict liability
Litigation
ordinaces
Punitive damages
3. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Fifth Amendment
Constitutional Law
Hearsay
Equal protection clause
4. 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
Complaint
Brief
Federal Jurisdiction
5. 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
In rem jurisdiction
Federal Jurisdiction
Arbitrability
Motion
6. 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.
Police powers
Trespass to personal property
Writ of certiorari
Mini-trial
7. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Filtering software
Statutory Law
Standing to sue
abnormally dangerous
8. A claim filed in opposition to another claim in a legal action
Counterclaim
Bankruptcy courts
Principle of rights
In rem jurisdiction
9. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Equitable maxims
Legal and Equitable Remedies
Seventh Amendment
Historical school
10. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Free exercise clause
Venue
Respondent
Principle of rights
11. A reference to or a quotation from an authority
citation
Petitioner
Public Policy
Legal and Equitable Remedies
12. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Pretrial motions
Arbitration
Equal protection clause
State Jurisdiction
13. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Federal Jurisdiction
Civil Law
Strict liability
Tenth Amendment
14. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
law
jurisprudence
Closing argument
Business invitees
15. The government may not house soldiers in private homes without consent of the owner
Full faith and credit clause
Third Amendment
Public Policy
State Jurisdiction
16. On the premises fr the potential financial benefit of the occupier
uniform laws
Respondent Superior
Business invitees
Syllogism
17. A clause in a contract providing for arbitration of disputes arising under the contract
Brief
Arbitration clause
Legal and Equitable Remedies
Comparative negligence
18. Highest official of a monarch. Granted new an unique remedies.
Malpractice
Binding authority
Rejoinder
Chancellor
19. Set of books containing published court decisions
Case law
Disparagement of property
Reporters
Comparative negligence
20. 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
Analogy
Mini-trial
Motion
Petitioner
21. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
tilitarinism
Tenth Amendment
Filtering software
22. 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.
Origins Of Common Law
Online dispute resolution
Question of law
Service of process
23. Jurisdiction based on claims against property
In rem jurisdiction
State Jurisdiction
Sixth Amendment
Eighth Amendment
24. 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
Negligence
Damages
State and Federal Court Systems
Respondent Superior
25. 1. employee activity within scope of employment 2. employee is negligent
Binding authority
Stare Decisis and legal Reasoning
Respondent Superior
abnormally dangerous
26. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Malpractice
Motion for a new trial
Writ of execution
27. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Justicable controversy
Res ipsa loquitur
State Jurisdiction
Writ of execution
28. The preponderance of evidence which means more likely then not.
Reporters
In rem jurisdiction
Burden of proof
Relevant evidence
29. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Police powers
Concurrent Jurisdiction
Causation in fact
30. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
positive law
dram shop acts
Slander of quality
importance of common law
31. Authority shared by both federal and state courts
In rem jurisdiction
establishment clause
Concurrent Jurisdiction
citation
32. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
First Amendment
Complaint
dram shop acts
Motion for a new trial
33. 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
Cyber torts
Summary jury trials
Motion for judgement as a matter of law
Opinions
34. 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.
Cyberlaw
Petitioner
Pretrial motions
Administrative agency
35. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Independent regulatory agencies
tilitarinism
Motion for judgement on the pleadings
Stare Decisis and legal Reasoning
36. (law) the right and power to interpret and apply the law
Writ of execution
Criminal law
Contributory negligence
Jurisdiction
37. A body of rulings made by judges that become part of a nation's legal system
Opening statements
Affirmative defense
Common law
Federal form of government
38. An act or omission without which an event would not have occurred.
Proximate cause
Fifth Amendment
Damages
Causation in fact
39. 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
Criminal law
Commerce clause
diversity of citizenship
Malpractice
40. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Public Policy
Direct examination
Common law
Defenses to negligence
41. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Cross-examination
Sixth Amendment
Precedent
42. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Jurisdiction
due proccess clause
Online dispute resolution
Independent regulatory agencies
43. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
American Arbitration Association
Legal reasoning
Trade libel
Areas of Law that may affect business decision making
44. 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.
Third Amendment
Stages in an A Typical Lawsuit
Award
Absolute bar
45. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Federal Jurisdiction
Fifth Amendment
in personam jurisdiction
Pleadings
46. The body of conventional - or written - law of a particular society at a particular point in time.
Federal question
positive law
Standing to sue
Motion
47. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Cross-examination
Reporters
Ninth Amendment
Opinions
48. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
fradulent Misrepresentation
Service of process
Stages in an A Typical Lawsuit
49. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Litigation
Defense
Business invitees
Absolute bar
50. 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
Corporate social responsibility
Writ of execution
Answer
Probate courts