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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. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






2. 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






3. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






4. 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.






5. 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.






6. 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.






7. A legal proceeding in a court






8. A body of rulings made by judges that become part of a nation's legal system






9. 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






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






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






12. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






13. On the premises fr the potential financial benefit of the occupier






14. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.






15. Liability without fault. (Strict product liability)






16. Highest official of a monarch. Granted new an unique remedies.






17. 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.






18. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself






19. 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)






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






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






22. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case






23. Law concerned with public wrongs against society






24. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






25. (law) the right and power to interpret and apply the law






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






27. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






28. A sum of money paid in compensation for loss or injury






29. (civil law) a law established by following earlier judicial decisions






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






31. A clause in a contract providing for arbitration of disputes arising under the contract






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






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






34. 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






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






36. Three remedies known as land - items of value - or money






37. Wrongs






38. 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






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






40. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






41. 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






42. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based






43. 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






44. Is strict liability hold a claim if the product or service in question is...






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






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






47. 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.






48. Negate the claim of negligence(assumption of risk - superceding intervening clause)






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






50. A condensed written summary or abstract