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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. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.
Reporters
laches
Relevant evidence
Long arm statue
2. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Malpractice
Federal question
Service of process
Defense
3. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Symbolic speech
Motion for judgement on the pleadings
Motion for judgement as a matter of law
Appellee
4. The location where something takes place - esp. a trial
Filtering software
Compensatory damages
Venue
Damages
5. 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.
First Amendment
Trade libel
Slander of title
Question of law
6. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Common law
Respondent
Answer
7. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Hearsay
Motion for judgement on the pleadings
Respondent
Case law
8. 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.
Administrative agency
Summary jury trials
Concurrent Jurisdiction
Venue
9. (civil law) a law established by following earlier judicial decisions
Alternative dispute resolution
Appellant
Case law
Commerce clause
10. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Assumption of risk
diversity of citizenship
Trespass to land
Negotiation
11. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Summary jury trials
Equal protection clause
Arbitration
Principle of rights
12. Authority shared by both federal and state courts
Concurrent Jurisdiction
Analogy
Common law
Fifth Amendment
13. 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
Principle of rights
Writ of certiorari
Negligence
Federal Rules of Civil Procedure
14. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Answer
Legal realism
Writ of certiorari
Public Policy
15. 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
importance of common law
Administrative agency
Federal Jurisdiction
Legal and Equitable Remedies
16. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Privileges and and immunities clause
Complaint
Fourth Amendment
Historical school
17. An act or omission without which an event would not have occurred.
Compensatory damages
Causation in fact
Damages
Cyber torts
18. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
dram shop acts
Mini-trial
State Jurisdiction
Areas of Law that may affect business decision making
19. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Petitioner
In rem jurisdiction
Arbitration clause
20. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Federal Rules of Civil Procedure
Cases on point
Administrative law
breaches
21. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Trespass to personal property
Remedies
Bankruptcy courts
Fifth Amendment
22. Liability without fault. (Strict product liability)
Federal question
Strict liability
Mini-trial
Free exercise clause
23. 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
citation
uniform laws
Alleges
tilitarinism
24. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Concurrent Jurisdiction
tilitarinism
State and Federal Court Systems
Constitutional Law
25. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent
diversity of citizenship
Absolute bar
Arbitration
Independent regulatory agencies
26. Ethical or unethical behaviors by employees in the context of their jobs
Statutory Law
Business Ethics
Ethical reasoning
Motion
27. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Seventh Amendment
Res ipsa loquitur
Long arm statue
Privileges and and immunities clause
28. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Opinions
Checks and balances
Default judgement
Alleges
29. The body of conventional - or written - law of a particular society at a particular point in time.
Relevant evidence
positive law
Remedies
Defenses to negligence
30. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
tilitarinism
Statues of limitation
Long arm statue
31. 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.
Writ of certiorari
Cross-examination
Defense
Complaint
32. 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
Areas of Law that may affect business decision making
Question of law
Administrative agency
Justicable controversy
33. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Summons
Arbitration clause
Statues of limitation
Full faith and credit clause
34. 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.
Good samaritan statues
Commerce clause
Punitive damages
Analogy
35. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
Pleadings
Common law
Probate courts
Seventh Amendment
36. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Checks and balances
Strict product liability
Fifth Amendment
establishment clause
37. 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
Trespass to land
Causation in fact
jurisprudence
38. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Disparagement of property
Trade libel
voir dire
Award
39. Assumption of risk - Superseding cause - and contributory and comparative negligence.
establishment clause
Constitutional Law
Bankruptcy courts
Defenses to negligence
40. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Closing argument
Question of fact
Comparative negligence
Checks and balances
41. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Chancellor
Affirmative defense
Punitive damages
Comparative negligence
42. Specific length of time an individual can sue for injury resulting from negligence
Public Policy
Negotiation
Statues of limitation
voir dire
43. The party who appeals a decision of a lower court
Courts of equity
Binding authority
Award
Appellant
44. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Legal and Equitable Remedies
Principle of rights
Federal Rules of Civil Procedure
Cases on point
45. A major provider of arbitration services
Motion for judgement on the pleadings
Seventh Amendment
American Arbitration Association
ordinaces
46. 1. employee activity within scope of employment 2. employee is negligent
Commerce clause
Respondent Superior
Arbitration
Ethical reasoning
47. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Comparative negligence
Second Amendment
Stare Decisis and legal Reasoning
Symbolic speech
48. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
First Amendment
Trade libel
Criminal law
49. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Default judgement
Complaint
Contributory negligence
50. 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
Strict product liability
In rem jurisdiction
Opening statements
fradulent Misrepresentation