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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. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Online dispute resolution
Opinions
Third Amendment
Arbitration clause
2. 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
Business invitees
Arbitration
Trespass to land
American Arbitration Association
3. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
uniform laws
dram shop acts
Sixth Amendment
Small Claims courts
4. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Disparagement of property
Constitutional Law
Checks and balances
5. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Business invitees
jurisprudence
diversity of citizenship
6. A legal proceeding in a court
Statutory Law
Bankruptcy courts
breaches
Litigation
7. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Federal Rules of Civil Procedure
Legal realism
Cases on point
Complaint
8. 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
Trespass to land
Syllogism
Remedies
9. 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.
Analogy
Police powers
importance of common law
Cost-benefit analysis
10. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
Precedent
Chancellor
Case law
positivist school
11. Ethical or unethical behaviors by employees in the context of their jobs
Malpractice
Jurisdiction
Remedies
Business Ethics
12. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Closing argument
Independent regulatory agencies
Standing to sue
Case Precedents and the doctrine of stare decisis
13. Liability without fault. (Strict product liability)
Probable cause
Pleadings
Opinions
Strict liability
14. 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.
jurisprudence
Commerce clause
importance of common law
Equal protection clause
15. The courts that awarded compensation back in English Realm
Motion for a new trial
Courts of law
Mini-trial
Slander of quality
16. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Question of law
Contributory negligence
Torts(Wrongs)
Malpractice
17. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
citation
Federal Jurisdiction
Motion for judgement as a matter of law
Justicable controversy
18. Authority shared by both federal and state courts
Motion for a directed verdict
Concurrent Jurisdiction
Opening statements
In rem jurisdiction
19. Party who defends an appeal
Case Precedents and the doctrine of stare decisis
Tenth Amendment
voir dire
Appellee
20. The First Amendment guarantee that the government will not create and support an official state church
Motion for judgement as a matter of law
establishment clause
Opinions
dram shop acts
21. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Negotiation
Strict product liability
American Arbitration Association
Probable cause
22. The preponderance of evidence which means more likely then not.
Areas of Law that may affect business decision making
Motion for a directed verdict
Opinions
Burden of proof
23. (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
When constitutional lawz apply
importance of common law
Stages in an A Typical Lawsuit
Sociological school
24. Specific length of time an individual can sue for injury resulting from negligence
Case Precedents and the doctrine of stare decisis
Early neutral case evaluation
Brief
Statues of limitation
25. 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.
Independent regulatory agencies
Binding authority
Question of fact
Absolute bar
26. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
First Amendment
Bankruptcy courts
Cross-examination
Binding authority
27. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
breaches
Privileges and and immunities clause
Arbitration
28. The government may not house soldiers in private homes without consent of the owner
Litigation
Third Amendment
importance of common law
Causation in fact
29. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Petitioner
Principle of rights
Civil Law
Free exercise clause
30. A body of rulings made by judges that become part of a nation's legal system
Service of process
Concurrent Jurisdiction
Common law
Tenth Amendment
31. The power to speak the law.
Strict liability
Jurisdiction
Administrative law
Binding authority
32. 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
Cyber torts
Jurisdiction
Motion for a directed verdict
Origins Of Common Law
33. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Pleadings
Rule of four
Full faith and credit clause
Categorical imperative
34. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Arbitration
When constitutional lawz apply
Alternative dispute resolution
Assumption of risk
35. 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
Sixth Amendment
Award
Pretrial motions
Disparagement of property
36. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Slander of title
Analogy
Courts of equity
Cyber torts
37. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Eighth Amendment
laches
Probate courts
Equal protection clause
38. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
In rem jurisdiction
Cross-examination
Appellant
Small Claims courts
39. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Negligence
Origins Of Common Law
Sociological school
Checks and balances
40. Drawing a comparison in order to show a similarity in some respect
Historical school
Analogy
Negligence
Petitioner
41. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Absolute bar
Federal Rules of Civil Procedure
Filtering software
Litigation
42. 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.
Syllogism
Relevant evidence
Litigation
Slander of title
43. 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
Good samaritan statues
Fifth Amendment
Precedent
Mini-trial
44. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Administrative agency
Symbolic speech
Rule of four
State and Federal Court Systems
45. Jurisdiction based on claims against property
In rem jurisdiction
Tenth Amendment
Eighth Amendment
Free exercise clause
46. An act or omission without which an event would not have occurred.
Causation in fact
First Amendment
breaches
Good samaritan statues
47. The body of laws created by legislative statutes
Statutory Law
Cyber torts
Summary jury trials
Federal question
48. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Good samaritan statues
Long arm statue
positivist school
Fifth Amendment
49. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Areas of Law that may affect business decision making
Business Ethics
Stare Decisis and legal Reasoning
Rule of four
50. 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.
Administrative agency
Sociological school
Appellee
Disparagement of property