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Business Law Test

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 school of legal thought that views the law as a tool for promoting justice in society.






2. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






3. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






4. The act of delivering a writ or summons upon someone






5. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






6. 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.






7. (law) evidence sufficient to warrant an arrest or search and seizure






8. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief






9. A court will award money or other relief to a party injured by a breach of contract






10. The preponderance of evidence which means more likely then not.






11. Specific length of time an individual can sue for injury resulting from negligence






12. Previously decided cases that are as similar as possible to the one under consideration






13. Claims






14. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






15. 1. employee activity within scope of employment 2. employee is negligent






16. A clause in a contract providing for arbitration of disputes arising under the contract






17. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






18. Right to bear arms






19. 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






20. 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






21. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






22. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.






23. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






24. Party who defends an appeal






25. An example that is used to justify similar occurrences at a later time






26. 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.






27. Propositions or general statements of equitable rules






28. To be on the land of another without right or permission of the owner






29. 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)






30. Any source of law that a court must follow when deciding a case. This includes constitutions - statues - and regulations - that govern the issue being decided - as well as previous court decisions in the same jurisdiction.






31. 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.






32. (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






33. Judges must abide by precedents in thier jurisdictions.






34. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






35. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.






36. To confirm priestly authority upon






37. The body of conventional - or written - law of a particular society at a particular point in time.






38. An order to appear in person at a given place and time






39. The party who appeals a decision of a lower court






40. Drawing a comparison in order to show a similarity in some respect






41. 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






42. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






43. 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






44. A condensed written summary or abstract






45. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






46. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






47. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






48. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






49. Someone who petitions a court for redress of a grievance or recovery of a right






50. Right to a trial by jury







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