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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. 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
Alternative dispute resolution
Third Amendment
Federal form of government
Contributory negligence
2. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Privileges and and immunities clause
Rebuttal
When constitutional lawz apply
Independent regulatory agencies
3. 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
Standing to sue
Cyber torts
Precedent
Arbitrability
4. To be on the land of another without right or permission of the owner
Standing to sue
Federal Jurisdiction
Trespass to land
Statues of limitation
5. 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
Summons
Principle of rights
Ninth Amendment
6. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Jurisdiction
Origins Of Common Law
Criminal law
Eighth Amendment
7. 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.
State level appeal eligibility
laches
Civil Law
Motion for a new trial
8. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Categorical imperative
importance of common law
Legal realism
Respondent Superior
9. To confirm priestly authority upon
ordinaces
Administrative law
Disparagement of property
Hearsay
10. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Free exercise clause
due proccess clause
Good samaritan statues
Hearsay
11. An act or omission without which an event would not have occurred.
diversity of citizenship
Causation in fact
citation
Remedies
12. The act of delivering a writ or summons upon someone
Malpractice
Service of process
Case Precedents and the doctrine of stare decisis
Closing argument
13. On the premises fr the potential financial benefit of the occupier
Motion for judgement as a matter of law
Business invitees
Venue
Legal reasoning
14. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Ninth Amendment
State Jurisdiction
Mini-trial
Justicable controversy
15. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Binding authority
Statues of limitation
American Arbitration Association
in personam jurisdiction
16. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
due proccess clause
Respondent
Fifth Amendment
Service of process
17. The location where something takes place - esp. a trial
Venue
Motion for judgement as a matter of law
Statutory Law
Probable cause
18. 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.
positive law
Question of law
Appellant
Precedent
19. 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.
Affirmative defense
Commerce clause
Mini-trial
Third Amendment
20. 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
Police powers
Federal form of government
Good samaritan statues
diversity of citizenship
21. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Torts(Wrongs)
Independent regulatory agencies
Answer
due proccess clause
22. 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
Common law
Service of process
Motion for judgement as a matter of law
23. Right to bear arms
Second Amendment
Precedent
Third Amendment
State Jurisdiction
24. The power to speak the law.
Contributory negligence
Jurisdiction
Torts(Wrongs)
Filtering software
25. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
Disparagement of property
Mini-trial
Arbitration clause
Free exercise clause
26. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
In rem jurisdiction
Exclusive Jurisdiction
Legal reasoning
Closing argument
27. Set of books containing published court decisions
ordinaces
Legal realism
Reporters
Syllogism
28. 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.
Remedies of Law
Probable cause
Award
Relevant evidence
29. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Appellant
Third Amendment
uniform laws
30. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
jurisprudence
dram shop acts
Bill of Rights
tilitarinism
31. 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
Full faith and credit clause
Closing argument
Causation in fact
Common law
32. Propositions or general statements of equitable rules
Equitable maxims
Reporters
Seventh Amendment
Syllogism
33. Wrongs
Natural law
Torts(Wrongs)
due proccess clause
Business Ethics
34. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Federal Rules of Civil Procedure
Stare Decisis and legal Reasoning
Principle of rights
Bill of Rights
35. A claim filed in opposition to another claim in a legal action
Contributory negligence
Counterclaim
Concurrent Jurisdiction
Legal reasoning
36. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Principle of rights
Respondent Superior
Defenses to negligence
Service of process
37. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Categorical imperative
Motion
Pretrial motions
Malpractice
38. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
in personam jurisdiction
Summary jury trials
Ninth Amendment
Rules of evidence
39. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Full faith and credit clause
Res ipsa loquitur
Cases on point
Sixth Amendment
40. 1. employee activity within scope of employment 2. employee is negligent
Arbitrability
Remedies of Law
Respondent Superior
Corporate social responsibility
41. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Eighth Amendment
Ethical reasoning
Binding authority
Pleadings
42. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Ninth Amendment
Equal protection clause
Corporate social responsibility
43. (law) a pleading made by a defendant in response to the plaintiff's replication
Remedies
Opinions
Rejoinder
Rules of evidence
44. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Negotiation
Summons
Relevant evidence
45. The act of changing location from one place to another
Torts(Wrongs)
Motion
Principle of rights
in personam jurisdiction
46. A wrongful act that the actor had no right to do
Natural law
Malpractice
importance of common law
Statues of limitation
47. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or
Arbitrability
Search warrant
Precedent
Stages in an A Typical Lawsuit
48. A clause in a contract providing for arbitration of disputes arising under the contract
Eighth Amendment
Arbitration clause
Legal and Equitable Remedies
ordinaces
49. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Statues of limitation
Assumption of risk
Rule of four
Exclusive Jurisdiction
50. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Courts of law
Rule of four
Cost-benefit analysis
Proximate cause