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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. Claims
Analogy
Alleges
Direct examination
Venue
2. Previously decided cases that are as similar as possible to the one under consideration
Jurisdiction
In rem jurisdiction
Cases on point
When constitutional lawz apply
3. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.
Analogy
Disparagement of property
Slander of title
Early neutral case evaluation
4. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Sixth Amendment
jurisprudence
Strict liability
5. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Stages in an A Typical Lawsuit
Remedies of Law
Syllogism
Remedies
6. The power to speak the law.
Second Amendment
Jurisdiction
Brief
Writ of certiorari
7. A condensed written summary or abstract
Petitioner
Case Precedents and the doctrine of stare decisis
Free exercise clause
Brief
8. An act or omission without which an event would not have occurred.
Causation in fact
Complaint
Constitutional Law
Checks and balances
9. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Early neutral case evaluation
Alleges
Probate courts
Online dispute resolution
10. Drawing a comparison in order to show a similarity in some respect
Relevant evidence
Summons
Defense
Analogy
11. Propositions or general statements of equitable rules
Equitable maxims
Rules of evidence
Independent regulatory agencies
uniform laws
12. 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
establishment clause
In rem jurisdiction
Motion for judgement as a matter of law
Arbitrability
13. A claim filed in opposition to another claim in a legal action
diversity of citizenship
Strict product liability
Counterclaim
Categorical imperative
14. The First Amendment guarantee that the government will not create and support an official state church
Negligence
dram shop acts
establishment clause
Historical school
15. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Cross-examination
Legal reasoning
Defenses to negligence
Equitable maxims
16. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Filtering software
Pretrial motions
Burden of proof
Long arm statue
17. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Opinions
Full faith and credit clause
Early neutral case evaluation
18. 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.
Syllogism
Motion for a new trial
Administrative agency
due proccess clause
19. The party who appeals a decision of a lower court
Equitable maxims
Appellant
Full faith and credit clause
Third Amendment
20. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Respondent
Historical school
in personam jurisdiction
Case law
21. A sum of money paid in compensation for loss or injury
Search warrant
Damages
Good samaritan statues
Commerce clause
22. (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
Stages in an A Typical Lawsuit
Rejoinder
State and Federal Court Systems
Affirmative defense
23. 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.
Proximate cause
Binding authority
Precedent
Tenth Amendment
24. 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
Origins Of Common Law
Award
Brief
Legal reasoning
25. 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.
Small Claims courts
Writ of certiorari
Default judgement
Police powers
26. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
uniform laws
Mini-trial
Trade libel
Remedies
27. 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.
Origins Of Common Law
Contributory negligence
Tenth Amendment
Arbitration clause
28. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Filtering software
Strict product liability
Trespass to personal property
Precedent
29. A legal proceeding in a court
Stare Decisis and legal Reasoning
Litigation
abnormally dangerous
State and Federal Court Systems
30. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Summary jury trials
Full faith and credit clause
Pleadings
Cyberlaw
31. Courts that handle cases that involve less than $5000
Small Claims courts
Origins Of Common Law
Default judgement
Administrative law
32. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rule of four
Assumption of risk
Punitive damages
Motion
33. Right to a trial by jury
law
Concurrent Jurisdiction
Seventh Amendment
In rem jurisdiction
34. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Stages in an A Typical Lawsuit
Courts of equity
establishment clause
Seventh Amendment
35. 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
Writ of certiorari
Trespass to personal property
Standing to sue
36. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Torts(Wrongs)
Ninth Amendment
Rules of evidence
Stare Decisis and legal Reasoning
37. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Petitioner
Opinions
Long arm statue
Stages in an A Typical Lawsuit
38. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Principle of rights
Writ of certiorari
Business invitees
Strict liability
39. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Opinions
tilitarinism
dram shop acts
Symbolic speech
40. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
jurisprudence
Contributory negligence
Relevant evidence
due proccess clause
41. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Fifth Amendment
Slander of title
Stare Decisis and legal Reasoning
Pleadings
42. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Full faith and credit clause
Res ipsa loquitur
Remedies
Jurisdiction
43. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Punitive damages
positivist school
Legal realism
Stages in an A Typical Lawsuit
44. 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
Litigation
diversity of citizenship
Rules of evidence
Public Policy
45. Protects you from unreasonable search and seizure of your home and property
Case law
Equal protection clause
Fourth Amendment
Equitable maxims
46. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Fourth Amendment
Syllogism
laches
Federal Rules of Civil Procedure
47. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Symbolic speech
Justicable controversy
Common law
Summary jury trials
48. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Common law
Motion for a new trial
Rebuttal
Trespass to personal property
49. The act of changing location from one place to another
Negotiation
Motion
in personam jurisdiction
fradulent Misrepresentation
50. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Direct examination
Criminal law
Seventh Amendment