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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. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Constitutional Law
When constitutional lawz apply
Res ipsa loquitur
Equal protection clause
2. 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.
Alternative dispute resolution
Police powers
Burden of proof
Litigation
3. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati
Arbitrability
importance of common law
ordinaces
Affirmative defense
4. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Disparagement of property
Trade libel
Statues of limitation
Strict liability
5. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
State Jurisdiction
Good samaritan statues
Third Amendment
establishment clause
6. 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
Online dispute resolution
Symbolic speech
Respondent
In rem jurisdiction
7. 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.
positivist school
Cross-examination
Administrative agency
Question of law
8. Relieve you of some liability when reasonable care is used
Writ of certiorari
Chancellor
Stare Decisis and legal Reasoning
Good samaritan statues
9. Someone who petitions a court for redress of a grievance or recovery of a right
Defense
diversity of citizenship
Petitioner
Opening statements
10. 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.
Summary jury trials
Free exercise clause
Alternative dispute resolution
Commerce clause
11. Torts committed via the internet
Affirmative defense
Sociological school
Cyber torts
Writ of certiorari
12. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Binding authority
Third Amendment
jurisprudence
When constitutional lawz apply
13. The location where something takes place - esp. a trial
Checks and balances
Negotiation
Venue
Legal realism
14. Law concerned with public wrongs against society
Criminal law
Counterclaim
In rem jurisdiction
Relevant evidence
15. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
breaches
Free exercise clause
Probate courts
Causation in fact
16. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Direct examination
Public Policy
Cost-benefit analysis
establishment clause
17. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Legal and Equitable Remedies
Trespass to land
Areas of Law that may affect business decision making
Closing argument
18. 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
Comparative negligence
Syllogism
Question of fact
uniform laws
19. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
uniform laws
Writ of certiorari
Affirmative defense
20. A sum of money paid in compensation for loss or injury
Good samaritan statues
Malpractice
Damages
Motion for judgement as a matter of law
21. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Second Amendment
Sixth Amendment
Symbolic speech
Standing to sue
22. A question asked to determine what is true or to what extent something is true
Cyber torts
Question of fact
Writ of execution
Opening statements
23. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
establishment clause
Standing to sue
Punitive damages
breaches
24. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
State and Federal Court Systems
breaches
Default judgement
25. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Opinions
Constitutional Law
Bill of Rights
Police powers
26. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Standing to sue
When constitutional lawz apply
Online dispute resolution
Direct examination
27. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Trespass to land
Concurrent Jurisdiction
Brief
28. 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.
Cyber torts
Legal realism
Tenth Amendment
Award
29. Wrongs
Remedies of Law
Torts(Wrongs)
Natural law
dram shop acts
30. The act of changing location from one place to another
Motion
dram shop acts
diversity of citizenship
Motion for a directed verdict
31. 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
Tenth Amendment
Hearsay
Federal form of government
Eighth Amendment
32. The body of laws created by legislative statutes
Proximate cause
Cross-examination
Pretrial motions
Statutory Law
33. Jurisdiction based on claims against property
In rem jurisdiction
Syllogism
law
State level appeal eligibility
34. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
State level appeal eligibility
Negotiation
jurisprudence
Fifth Amendment
35. 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.
Reporters
Statues of limitation
Relevant evidence
Good samaritan statues
36. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Federal Rules of Civil Procedure
Search warrant
Defenses to negligence
Third Amendment
37. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Default judgement
Closing argument
Good samaritan statues
Compensatory damages
38. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Negotiation
dram shop acts
Strict product liability
Trespass to personal property
39. Propositions or general statements of equitable rules
Historical school
Equitable maxims
Contributory negligence
Free exercise clause
40. A defendant's answer or plea denying the truth of the charges against him
Defense
Summary jury trials
Petitioner
Absolute bar
41. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
When constitutional lawz apply
Res ipsa loquitur
Stages in an A Typical Lawsuit
42. Is strict liability hold a claim if the product or service in question is...
Motion for judgement on the pleadings
Opening statements
abnormally dangerous
due proccess clause
43. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Commerce clause
Contributory negligence
law
Exclusive Jurisdiction
44. The party who appeals a decision of a lower court
Legal reasoning
Cases on point
Appellant
Counterclaim
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
Negligence
Cyber torts
Motion for judgement on the pleadings
breaches
46. An amendment to the Constitution of the United States guaranteeing the right of free expression
Public Policy
Constitutional Law
Long arm statue
First Amendment
47. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
Courts of law
Damages
Writ of execution
Defense
48. 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.
Filtering software
Burden of proof
State Jurisdiction
Affirmative defense
49. Courts that handle cases that involve less than $5000
Federal Jurisdiction
Negligence
positive law
Small Claims courts
50. 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
When constitutional lawz apply
Small Claims courts
positive law
diversity of citizenship