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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. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Pleadings
voir dire
Bankruptcy courts
Rejoinder
2. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Precedent
Absolute bar
Motion for judgement as a matter of law
Commerce clause
3. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Mini-trial
Police powers
Negotiation
Federal question
4. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
State and Federal Court Systems
Stare Decisis and legal Reasoning
Summons
Motion for judgement on the pleadings
5. A court will award money or other relief to a party injured by a breach of contract
Remedies
Historical school
Long arm statue
Constitutional Law
6. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Brief
State level appeal eligibility
Contributory negligence
Slander of title
7. 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
importance of common law
Summary jury trials
Commerce clause
8. The act of changing location from one place to another
Compensatory damages
Jurisdiction
Motion
Small Claims courts
9. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Arbitration
law
Trespass to land
Cyberlaw
10. 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
Natural law
Defense
Corporate social responsibility
Assumption of risk
11. 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
Opinions
Federal form of government
Fourth Amendment
Cost-benefit analysis
12. Judges must abide by precedents in thier jurisdictions.
Slander of quality
Cost-benefit analysis
Case Precedents and the doctrine of stare decisis
Cyber torts
13. 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
Fifth Amendment
Precedent
Equitable maxims
14. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Complaint
importance of common law
Common law
In rem jurisdiction
15. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Seventh Amendment
Summons
Search warrant
Symbolic speech
16. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Police powers
Writ of certiorari
Burden of proof
Motion
17. 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.
State and Federal Court Systems
Closing argument
Trespass to personal property
Direct examination
18. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Defenses to negligence
Malpractice
Contributory negligence
19. Previously decided cases that are as similar as possible to the one under consideration
Mini-trial
Question of fact
Cases on point
Counterclaim
20. 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.
Administrative agency
Affirmative defense
Cyberlaw
Cyber torts
21. An amendment to the Constitution of the United States guaranteeing the right of free expression
Federal Rules of Civil Procedure
Causation in fact
Strict liability
First Amendment
22. 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.
Trespass to land
Motion for a directed verdict
Motion for judgement on the pleadings
Direct examination
23. 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
Punitive damages
Cost-benefit analysis
Third Amendment
24. 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
Default judgement
State and Federal Court Systems
Jurisdiction
Bill of Rights
25. 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
Legal and Equitable Remedies
Syllogism
Direct examination
laches
26. Highest official of a monarch. Granted new an unique remedies.
Award
Chancellor
Respondent
Motion for a new trial
27. Three remedies known as land - items of value - or money
Bill of Rights
Remedies of Law
Strict liability
Question of fact
28. 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
Analogy
positive law
Arbitration
Brief
29. 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
Motion
law
Jurisdiction
Full faith and credit clause
30. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
fradulent Misrepresentation
Rebuttal
State Jurisdiction
dram shop acts
31. A question asked to determine what is true or to what extent something is true
Binding authority
Question of fact
Standing to sue
Constitutional Law
32. 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
Principle of rights
laches
in personam jurisdiction
Mini-trial
33. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Good samaritan statues
Federal Jurisdiction
diversity of citizenship
Defense
34. 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.
Malpractice
State and Federal Court Systems
Early neutral case evaluation
Comparative negligence
35. An order to appear in person at a given place and time
Summons
Good samaritan statues
Defense
Standing to sue
36. Protects you from unreasonable search and seizure of your home and property
Seventh Amendment
Full faith and credit clause
Federal question
Fourth Amendment
37. (law) the initial questioning of a witness by the party that called the witness
Corporate social responsibility
Direct examination
Mini-trial
Federal question
38. A school of legal thought that views the law as a tool for promoting justice in society.
Reporters
Sociological school
Sixth Amendment
Business invitees
39. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative agency
voir dire
Online dispute resolution
Administrative law
40. An example that is used to justify similar occurrences at a later time
Cases on point
Appellee
Cross-examination
Precedent
41. The party who appeals a decision of a lower court
Areas of Law that may affect business decision making
Motion for judgement on the pleadings
Burden of proof
Appellant
42. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Chancellor
Trade libel
Counterclaim
Defenses to negligence
43. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
Default judgement
Corporate social responsibility
Trespass to personal property
44. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Federal question
Venue
In rem jurisdiction
45. 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
Res ipsa loquitur
Writ of execution
Legal reasoning
Proximate cause
46. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Default judgement
Trade libel
Long arm statue
Sociological school
47. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
positivist school
Courts of law
Assumption of risk
Corporate social responsibility
48. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Motion for judgement on the pleadings
Ninth Amendment
Free exercise clause
jurisprudence
49. The courts that awarded compensation back in English Realm
in personam jurisdiction
Malpractice
Courts of law
Venue
50. Liability without fault. (Strict product liability)
establishment clause
Symbolic speech
Legal realism
Strict liability