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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. In order to bring a lawsuit before a court a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system
Question of fact
Standing to sue
Areas of Law that may affect business decision making
Respondent
2. The body of laws created by legislative statutes
dram shop acts
Opening statements
Common law
Statutory Law
3. 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
positive law
Slander of title
Legal reasoning
Filtering software
4. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Bill of Rights
Constitutional Law
Slander of title
voir dire
5. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Litigation
Symbolic speech
Full faith and credit clause
Stare Decisis and legal Reasoning
6. 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
Closing argument
Default judgement
Categorical imperative
Cyberlaw
7. Law concerned with private wrongs against individuals
Cost-benefit analysis
Historical school
Stages in an A Typical Lawsuit
Civil Law
8. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Appellant
Bankruptcy courts
Rebuttal
Defense
9. A defendant's answer or plea denying the truth of the charges against him
Respondent Superior
Defense
Cost-benefit analysis
Good samaritan statues
10. Someone who petitions a court for redress of a grievance or recovery of a right
Strict liability
voir dire
Petitioner
Business invitees
11. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children
Federal Rules of Civil Procedure
Probate courts
Proximate cause
Cyberlaw
12. Courts that handle cases that involve less than $5000
Negotiation
Case law
Small Claims courts
Respondent Superior
13. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Arbitrability
Historical school
Criminal law
14. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Long arm statue
Burden of proof
Arbitration clause
Motion for a new trial
15. 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
Motion for judgement on the pleadings
Comparative negligence
Probate courts
16. Relieve you of some liability when reasonable care is used
Question of fact
Good samaritan statues
Early neutral case evaluation
Writ of certiorari
17. Drawing a comparison in order to show a similarity in some respect
Analogy
Free exercise clause
Question of fact
Counterclaim
18. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Checks and balances
Courts of law
Respondent
Alleges
19. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
importance of common law
Binding authority
Eighth Amendment
Search warrant
20. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Negotiation
Assumption of risk
Eighth Amendment
Cyber torts
21. Law concerned with public wrongs against society
Closing argument
Writ of execution
dram shop acts
Criminal law
22. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
due proccess clause
Statutory Law
Precedent
Defenses to negligence
23. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Appellant
Question of fact
Cyberlaw
Independent regulatory agencies
24. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Categorical imperative
Motion for a directed verdict
Probable cause
Ethical reasoning
25. A body of rulings made by judges that become part of a nation's legal system
Litigation
Relevant evidence
Common law
Disparagement of property
26. 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.
Remedies of Law
Affirmative defense
diversity of citizenship
Filtering software
27. A condensed written summary or abstract
Contributory negligence
Legal reasoning
Absolute bar
Brief
28. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Natural law
Free exercise clause
Exclusive Jurisdiction
Compensatory damages
29. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Courts of law
Ethical reasoning
Rule of four
Checks and balances
30. 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
in personam jurisdiction
Rebuttal
Respondent
diversity of citizenship
31. A court will award money or other relief to a party injured by a breach of contract
Sociological school
Federal question
Remedies
Alternative dispute resolution
32. The principle pleading by the defendant in response to plaintiff's complaint
Contributory negligence
Affirmative defense
Answer
Bill of Rights
33. A claim filed in opposition to another claim in a legal action
ordinaces
Cyber torts
Counterclaim
Third Amendment
34. Propositions or general statements of equitable rules
Question of law
Affirmative defense
Equitable maxims
Concurrent Jurisdiction
35. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
Litigation
Public Policy
Damages
36. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Respondent Superior
Small Claims courts
Corporate social responsibility
Alternative dispute resolution
37. 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
Slander of title
Early neutral case evaluation
Public Policy
38. Right to bear arms
Defenses to negligence
Torts(Wrongs)
Alternative dispute resolution
Second Amendment
39. 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)
State level appeal eligibility
Corporate social responsibility
Administrative agency
Remedies
40. Ethical or unethical behaviors by employees in the context of their jobs
Proximate cause
Ethical reasoning
Direct examination
Business Ethics
41. The power to speak the law.
First Amendment
Rule of four
Causation in fact
Jurisdiction
42. 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.
Trespass to personal property
Pretrial motions
Jurisdiction
Business Ethics
43. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Respondent
Opinions
Bill of Rights
positive law
44. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Sixth Amendment
jurisprudence
Case Precedents and the doctrine of stare decisis
Trade libel
45. 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
Cost-benefit analysis
tilitarinism
Rejoinder
Legal and Equitable Remedies
46. 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
Summary jury trials
Res ipsa loquitur
uniform laws
Complaint
47. To confirm priestly authority upon
ordinaces
Statues of limitation
Relevant evidence
Long arm statue
48. 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
breaches
In rem jurisdiction
Seventh Amendment
Tenth Amendment
49. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.
Punitive damages
Symbolic speech
Motion for a new trial
Common law
50. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Case law
When constitutional lawz apply
Categorical imperative
Constitutional Law