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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)
Opening statements
Litigation
Business Ethics
State level appeal eligibility
2. A claim filed in opposition to another claim in a legal action
Counterclaim
Alleges
Independent regulatory agencies
citation
3. The publication of false information about another's product - alleging that it is not what its seller claims.
Criminal law
Writ of certiorari
uniform laws
Slander of quality
4. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Rebuttal
Ninth Amendment
Public Policy
Checks and balances
5. 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
uniform laws
Cyber torts
Torts(Wrongs)
Default judgement
6. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Federal question
Constitutional Law
Brief
Opening statements
7. A question asked to determine what is true or to what extent something is true
Rejoinder
dram shop acts
tilitarinism
Question of fact
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.
Arbitration clause
Trade libel
Bill of Rights
Tenth Amendment
9. A court will award money or other relief to a party injured by a breach of contract
Tenth Amendment
Legal realism
Remedies
importance of common law
10. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Defense
Bankruptcy courts
Venue
Long arm statue
11. An act or omission without which an event would not have occurred.
Principle of rights
Second Amendment
Causation in fact
Analogy
12. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
In rem jurisdiction
Damages
Trade libel
Contributory negligence
13. Propositions or general statements of equitable rules
State and Federal Court Systems
Causation in fact
Equitable maxims
Complaint
14. 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
establishment clause
abnormally dangerous
diversity of citizenship
Arbitration
15. 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
Legal realism
Federal form of government
Trespass to personal property
Assumption of risk
16. Enforcable rules governing relationships among individuals and between individuals and thier society.
Award
Eighth Amendment
diversity of citizenship
law
17. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Complaint
in personam jurisdiction
Statues of limitation
Fifth Amendment
18. 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
Syllogism
Comparative negligence
Symbolic speech
Pretrial motions
19. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Appellant
Federal question
Federal Rules of Civil Procedure
Assumption of risk
20. A body of rulings made by judges that become part of a nation's legal system
Summons
Motion for judgement on the pleadings
State Jurisdiction
Common law
21. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Respondent Superior
Police powers
law
Areas of Law that may affect business decision making
22. 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.
Slander of title
Second Amendment
Cyber torts
Probable cause
23. 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.
ordinaces
Ethical reasoning
Reporters
Commerce clause
24. 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.
Slander of quality
Venue
Trespass to personal property
citation
25. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Stare Decisis and legal Reasoning
Categorical imperative
Trespass to personal property
Legal realism
26. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Historical school
Equal protection clause
Remedies
State level appeal eligibility
27. 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.
Strict liability
positivist school
Award
Checks and balances
28. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Assumption of risk
Binding authority
Business Ethics
Symbolic speech
29. Law concerned with private wrongs against individuals
Civil Law
Arbitration
Hearsay
abnormally dangerous
30. (civil law) a law established by following earlier judicial decisions
Closing argument
Early neutral case evaluation
Case law
Hearsay
31. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Origins Of Common Law
Opinions
Res ipsa loquitur
32. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Brief
Public Policy
Independent regulatory agencies
Defenses to negligence
33. Judges must abide by precedents in thier jurisdictions.
positivist school
abnormally dangerous
Causation in fact
Case Precedents and the doctrine of stare decisis
34. Liability without fault. (Strict product liability)
Cases on point
Strict liability
Equal protection clause
Appellee
35. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Affirmative defense
Comparative negligence
Litigation
tilitarinism
36. Drawing a comparison in order to show a similarity in some respect
Full faith and credit clause
Malpractice
Analogy
Res ipsa loquitur
37. 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.
Cross-examination
Symbolic speech
Free exercise clause
Assumption of risk
38. Jurisdiction based on claims against property
Rebuttal
Default judgement
Disparagement of property
In rem jurisdiction
39. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Jurisdiction
Courts of equity
Affirmative defense
Ethical reasoning
40. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Exclusive Jurisdiction
Rebuttal
Cyber torts
Independent regulatory agencies
41. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Petitioner
Strict liability
Causation in fact
42. 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
Filtering software
Federal form of government
Legal and Equitable Remedies
Comparative negligence
43. 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
Motion for a new trial
Writ of execution
Legal and Equitable Remedies
State and Federal Court Systems
44. The body of conventional - or written - law of a particular society at a particular point in time.
Analogy
Commerce clause
positive law
Defense
45. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Rule of four
breaches
tilitarinism
46. Right to a trial by jury
American Arbitration Association
Slander of title
Rule of four
Seventh Amendment
47. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Causation in fact
Cases on point
Federal form of government
48. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Statutory Law
State Jurisdiction
In rem jurisdiction
Courts of equity
49. Three remedies known as land - items of value - or money
Filtering software
Strict product liability
Remedies of Law
First Amendment
50. A reference to or a quotation from an authority
Civil Law
citation
uniform laws
Negligence