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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. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Brief
Early neutral case evaluation
laches
Courts of equity
2. 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
Counterclaim
Categorical imperative
Administrative law
Business Ethics
3. Economic model that compares the marginal costs and marginal benefits of a decision
Alleges
Cost-benefit analysis
Fifth Amendment
Defense
4. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important
In rem jurisdiction
Good samaritan statues
Rebuttal
Proximate cause
5. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Petitioner
Exclusive Jurisdiction
Federal question
Cyberlaw
6. 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.
Courts of equity
Pleadings
Disparagement of property
Reporters
7. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Tenth Amendment
State level appeal eligibility
Origins Of Common Law
Filtering software
8. Law concerned with private wrongs against individuals
Commerce clause
Business invitees
Civil Law
Stages in an A Typical Lawsuit
9. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Filtering software
positivist school
Closing argument
In rem jurisdiction
10. 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
positivist school
Police powers
State Jurisdiction
Arbitration
11. An order to appear in person at a given place and time
Business Ethics
Respondent
Summons
Disparagement of property
12. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Civil Law
Constitutional Law
Bill of Rights
Principle of rights
13. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Legal reasoning
Negligence
Contributory negligence
14. The act of delivering a writ or summons upon someone
Direct examination
ordinaces
Service of process
Checks and balances
15. 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.
Strict product liability
Petitioner
Contributory negligence
Commerce clause
16. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Stages in an A Typical Lawsuit
Seventh Amendment
Default judgement
Full faith and credit clause
17. 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.
Federal Rules of Civil Procedure
Filtering software
Relevant evidence
Equal protection clause
18. 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
Search warrant
Trade libel
Res ipsa loquitur
law
19. Torts committed via the internet
Appellee
State and Federal Court Systems
Mini-trial
Cyber torts
20. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Police powers
Federal question
Cyberlaw
Third Amendment
21. 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
State Jurisdiction
Fourth Amendment
Pretrial motions
22. 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.
Award
Tenth Amendment
Justicable controversy
Affirmative defense
23. The party who appeals a decision of a lower court
Appellant
Sixth Amendment
ordinaces
Exclusive Jurisdiction
24. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Tenth Amendment
Probable cause
voir dire
Strict liability
25. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Filtering software
Historical school
When constitutional lawz apply
Concurrent Jurisdiction
26. 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.
ordinaces
Early neutral case evaluation
In rem jurisdiction
Good samaritan statues
27. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Eighth Amendment
Fifth Amendment
Absolute bar
dram shop acts
28. 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
law
Equal protection clause
Equitable maxims
29. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Criminal law
law
Cost-benefit analysis
Historical school
30. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England
Analogy
Legal realism
Origins Of Common Law
voir dire
31. The publication of false information about another's product - alleging that it is not what its seller claims.
Commerce clause
Civil Law
Ninth Amendment
Slander of quality
32. 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
Legal reasoning
Summons
Case Precedents and the doctrine of stare decisis
Business invitees
33. Drawing a comparison in order to show a similarity in some respect
Analogy
Public Policy
Appellant
Eighth Amendment
34. The act of changing location from one place to another
Slander of quality
Federal question
Motion
establishment clause
35. The principle pleading by the defendant in response to plaintiff's complaint
Answer
Cases on point
Federal Rules of Civil Procedure
Counterclaim
36. Set of books containing published court decisions
Reporters
Federal question
Cross-examination
Motion
37. The location where something takes place - esp. a trial
jurisprudence
Pretrial motions
Civil Law
Venue
38. A court will award money or other relief to a party injured by a breach of contract
Constitutional Law
Tenth Amendment
Trade libel
Remedies
39. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Remedies
Rejoinder
Eighth Amendment
establishment clause
40. 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
Rebuttal
Res ipsa loquitur
Compensatory damages
41. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
In rem jurisdiction
Search warrant
Case Precedents and the doctrine of stare decisis
42. Someone who petitions a court for redress of a grievance or recovery of a right
First Amendment
Petitioner
Respondent Superior
Motion
43. A school of legal thought that views the law as a tool for promoting justice in society.
Causation in fact
laches
Sociological school
Historical school
44. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Alternative dispute resolution
Strict product liability
uniform laws
Rebuttal
45. (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
Symbolic speech
Principle of rights
Equitable maxims
Stages in an A Typical Lawsuit
46. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Corporate social responsibility
Jurisdiction
positive law
Areas of Law that may affect business decision making
47. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Punitive damages
Arbitration clause
Equitable maxims
Opinions
48. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Proximate cause
Opening statements
Administrative law
Writ of certiorari
49. 1. employee activity within scope of employment 2. employee is negligent
Filtering software
Question of fact
Strict product liability
Respondent Superior
50. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Online dispute resolution
Punitive damages
Probable cause
Opinions