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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. 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
Natural law
citation
Third Amendment
2. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Analogy
Precedent
When constitutional lawz apply
3. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion for judgement as a matter of law
Common law
Historical school
Second Amendment
4. Economic model that compares the marginal costs and marginal benefits of a decision
Rejoinder
Federal question
Cost-benefit analysis
Defenses to negligence
5. Relieve you of some liability when reasonable care is used
Good samaritan statues
Checks and balances
Pretrial motions
Slander of quality
6. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Courts of equity
Good samaritan statues
Comparative negligence
7. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Opening statements
Exclusive Jurisdiction
Pretrial motions
tilitarinism
8. 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.
Third Amendment
Commerce clause
abnormally dangerous
Fifth Amendment
9. Set of books containing published court decisions
Probable cause
Damages
Reporters
Federal form of government
10. 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.
Independent regulatory agencies
Strict liability
Motion for a new trial
Direct examination
11. The preponderance of evidence which means more likely then not.
Complaint
Principle of rights
Burden of proof
Mini-trial
12. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Proximate cause
Opinions
Trespass to land
Cyberlaw
13. 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
Police powers
Summary jury trials
Malpractice
Binding authority
14. 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
Syllogism
Pretrial motions
Historical school
Small Claims courts
15. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Burden of proof
Sixth Amendment
jurisprudence
Independent regulatory agencies
16. (law) the initial questioning of a witness by the party that called the witness
Free exercise clause
Venue
Direct examination
Case Precedents and the doctrine of stare decisis
17. The act of changing location from one place to another
Motion
Probate courts
Case Precedents and the doctrine of stare decisis
Precedent
18. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Writ of execution
voir dire
Natural law
Criminal law
19. Courts that handle cases that involve less than $5000
Origins Of Common Law
Pleadings
Malpractice
Small Claims courts
20. (civil law) a law established by following earlier judicial decisions
Bankruptcy courts
importance of common law
Case law
State Jurisdiction
21. The courts that awarded compensation back in English Realm
Arbitration clause
Courts of law
Civil Law
importance of common law
22. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Motion
Symbolic speech
Petitioner
dram shop acts
23. 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.
State and Federal Court Systems
Police powers
Arbitration clause
Contributory negligence
24. An amendment to the Constitution of the United States guaranteeing the right of free expression
ordinaces
Strict product liability
First Amendment
Burden of proof
25. 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
Alternative dispute resolution
Origins Of Common Law
When constitutional lawz apply
voir dire
26. A defendant's answer or plea denying the truth of the charges against him
Small Claims courts
Sixth Amendment
Defense
Alleges
27. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Statutory Law
Federal Jurisdiction
State Jurisdiction
28. In a lawsuit - an issue involving the application or interpretation of a law. Only a judge - not a jury - can rule on questions of law.
Question of law
uniform laws
American Arbitration Association
Comparative negligence
29. 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
Pleadings
Sociological school
In rem jurisdiction
Long arm statue
30. Right to bear arms
in personam jurisdiction
Legal realism
Second Amendment
Administrative law
31. Previously decided cases that are as similar as possible to the one under consideration
Public Policy
Cases on point
Corporate social responsibility
Slander of quality
32. A condensed written summary or abstract
law
in personam jurisdiction
Remedies of Law
Brief
33. 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
Motion for a directed verdict
Chancellor
Search warrant
Public Policy
34. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case
Justicable controversy
Motion
Ninth Amendment
Case law
35. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Long arm statue
Ethical reasoning
Strict product liability
Good samaritan statues
36. An example that is used to justify similar occurrences at a later time
Closing argument
Opening statements
Precedent
Award
37. The power to speak the law.
Jurisdiction
Trespass to personal property
Checks and balances
Fifth Amendment
38. The principle pleading by the defendant in response to plaintiff's complaint
Answer
Origins Of Common Law
Damages
Public Policy
39. Party who defends an appeal
Appellee
Hearsay
Exclusive Jurisdiction
jurisprudence
40. A sum of money paid in compensation for loss or injury
Burden of proof
positivist school
Damages
Service of process
41. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Causation in fact
Natural law
Litigation
Civil Law
42. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Sociological school
Police powers
Symbolic speech
43. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Default judgement
Chancellor
Police powers
Statutory Law
44. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Natural law
Rules of evidence
Stare Decisis and legal Reasoning
due proccess clause
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
Administrative law
Question of law
Legal and Equitable Remedies
Civil Law
46. 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.
Administrative agency
Pleadings
Ninth Amendment
Closing argument
47. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Stare Decisis and legal Reasoning
Cyberlaw
abnormally dangerous
Second Amendment
48. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Cross-examination
ordinaces
Online dispute resolution
Precedent
49. 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.
Burden of proof
Pleadings
Slander of title
Sixth Amendment
50. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Contributory negligence
Early neutral case evaluation
Trade libel