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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. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Damages
Hearsay
Motion for a directed verdict
Trespass to personal property
2. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Corporate social responsibility
Closing argument
Courts of law
Pleadings
3. 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
uniform laws
Commerce clause
Sociological school
4. 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.
Ninth Amendment
Corporate social responsibility
Pleadings
Jurisdiction
5. 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
Absolute bar
Criminal law
Mini-trial
State and Federal Court Systems
6. A wrongful act that the actor had no right to do
Eighth Amendment
Damages
Malpractice
Legal and Equitable Remedies
7. 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
Answer
Justicable controversy
Affirmative defense
Concurrent Jurisdiction
8. 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.
Service of process
Probate courts
Arbitration clause
Disparagement of property
9. 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
Hearsay
Litigation
Commerce clause
10. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Early neutral case evaluation
Brief
Arbitrability
Federal form of government
11. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Res ipsa loquitur
Pretrial motions
Independent regulatory agencies
Litigation
12. Propositions or general statements of equitable rules
Rejoinder
Administrative law
Equitable maxims
Pretrial motions
13. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Public Policy
Federal Rules of Civil Procedure
Petitioner
Administrative law
14. Is strict liability hold a claim if the product or service in question is...
Equal protection clause
citation
abnormally dangerous
Motion for judgement on the pleadings
15. Highest official of a monarch. Granted new an unique remedies.
Chancellor
First Amendment
Second Amendment
Service of process
16. 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.
Negligence
Commerce clause
Comparative negligence
Summary jury trials
17. The reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case
Courts of law
Mini-trial
Legal reasoning
Independent regulatory agencies
18. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Checks and balances
Slander of title
Common law
Summons
19. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
uniform laws
Stare Decisis and legal Reasoning
Relevant evidence
20. Torts committed via the internet
Alternative dispute resolution
Cyber torts
Comparative negligence
Jurisdiction
21. 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.
Case Precedents and the doctrine of stare decisis
Motion for judgement as a matter of law
laches
Cross-examination
22. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Long arm statue
in personam jurisdiction
Appellant
Federal Jurisdiction
23. Right to a trial by jury
Seventh Amendment
Concurrent Jurisdiction
Tenth Amendment
Exclusive Jurisdiction
24. 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
diversity of citizenship
Federal Jurisdiction
positive law
Exclusive Jurisdiction
25. 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
State and Federal Court Systems
Legal and Equitable Remedies
Writ of execution
Probate courts
26. The act of changing location from one place to another
Cases on point
Respondent
Motion
Third Amendment
27. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Compensatory damages
Defenses to negligence
First Amendment
Federal question
28. 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
State and Federal Court Systems
Respondent Superior
Cyberlaw
Constitutional Law
29. The body of conventional - or written - law of a particular society at a particular point in time.
Third Amendment
positive law
Natural law
Legal reasoning
30. 1. employee activity within scope of employment 2. employee is negligent
Rule of four
Rejoinder
Compensatory damages
Respondent Superior
31. Party who defends an appeal
Statues of limitation
Appellee
Criminal law
laches
32. Rules governing the admissibility of evidence in trial courts.
Arbitration
Causation in fact
Torts(Wrongs)
Rules of evidence
33. Jurisdiction based on claims against property
Third Amendment
In rem jurisdiction
Courts of law
diversity of citizenship
34. The publication of false information about another's product - alleging that it is not what its seller claims.
Slander of quality
abnormally dangerous
Trespass to land
Second Amendment
35. A reference to or a quotation from an authority
citation
Sociological school
Common law
Historical school
36. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Relevant evidence
Search warrant
Rebuttal
Bill of Rights
37. Relieve you of some liability when reasonable care is used
Good samaritan statues
Standing to sue
Constitutional Law
Absolute bar
38. Law concerned with public wrongs against society
Cyber torts
Criminal law
positivist school
Proximate cause
39. The government may not house soldiers in private homes without consent of the owner
Federal Jurisdiction
Concurrent Jurisdiction
Question of fact
Third Amendment
40. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
ordinaces
Hearsay
Opinions
Default judgement
41. The party who appeals a decision of a lower court
laches
Appellant
Litigation
Search warrant
42. The preponderance of evidence which means more likely then not.
Burden of proof
Checks and balances
Remedies
jurisprudence
43. 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.
Rebuttal
Remedies of Law
importance of common law
Question of law
44. The body of laws created by legislative statutes
Statutory Law
Statues of limitation
Fifth Amendment
State and Federal Court Systems
45. A final judgment for one side in a lawsuit without trial when a judge finds based on pleadings - affidavits - and depositions that there is no genuine factual issue in the lawsuit
Motion for judgement on the pleadings
Cross-examination
fradulent Misrepresentation
Symbolic speech
46. (law) the initial questioning of a witness by the party that called the witness
Negotiation
Direct examination
Absolute bar
Appellee
47. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Cyberlaw
Symbolic speech
State and Federal Court Systems
American Arbitration Association
48. A sum of money paid in compensation for loss or injury
Equal protection clause
Long arm statue
Legal realism
Damages
49. Economic model that compares the marginal costs and marginal benefits of a decision
dram shop acts
Cost-benefit analysis
Free exercise clause
Disparagement of property
50. A body of rulings made by judges that become part of a nation's legal system
Courts of law
Torts(Wrongs)
Common law
Trespass to personal property