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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. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defense
Defenses to negligence
Syllogism
Arbitration clause
2. The preponderance of evidence which means more likely then not.
Hearsay
uniform laws
Burden of proof
Reporters
3. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Federal Jurisdiction
State level appeal eligibility
breaches
Checks and balances
4. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Litigation
Legal and Equitable Remedies
State and Federal Court Systems
Search warrant
5. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Arbitration
Complaint
Checks and balances
Damages
6. To be on the land of another without right or permission of the owner
Third Amendment
Civil Law
Trespass to land
Analogy
7. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Remedies of Law
Concurrent Jurisdiction
Compensatory damages
Privileges and and immunities clause
8. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Compensatory damages
Legal realism
Categorical imperative
Absolute bar
9. 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
Summary jury trials
Filtering software
Bill of Rights
Award
10. Law concerned with private wrongs against individuals
Historical school
Slander of title
Service of process
Civil Law
11. Occurs when one party to a contract is not given full or accurate information by the other party about the contract subject matter - Intentional misrepresentation of material fact - reasonably relied on by plaintiff resulting in damages
Jurisdiction
Constitutional Law
fradulent Misrepresentation
Seventh Amendment
12. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Summons
Free exercise clause
Privileges and and immunities clause
Litigation
13. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
fradulent Misrepresentation
Default judgement
Writ of certiorari
14. Wrongs
State Jurisdiction
Reporters
due proccess clause
Torts(Wrongs)
15. 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
Statutory Law
Courts of equity
Business Ethics
Origins Of Common Law
16. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
citation
Commerce clause
Arbitration
17. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Hearsay
Contributory negligence
Cyberlaw
Appellee
18. The act of changing location from one place to another
Motion
Early neutral case evaluation
tilitarinism
ordinaces
19. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Business Ethics
Jurisdiction
Natural law
Award
20. A wrongful act that the actor had no right to do
Relevant evidence
Complaint
Malpractice
positivist school
21. 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
Courts of equity
Appellee
Compensatory damages
Motion for judgement on the pleadings
22. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
jurisprudence
Cases on point
Defense
Administrative law
23. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Privileges and and immunities clause
Motion for a directed verdict
Exclusive Jurisdiction
Long arm statue
24. (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
Mini-trial
citation
Stages in an A Typical Lawsuit
Case Precedents and the doctrine of stare decisis
25. A court will award money or other relief to a party injured by a breach of contract
Case law
Small Claims courts
Sixth Amendment
Remedies
26. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
Federal question
Statues of limitation
Constitutional Law
27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Third Amendment
Negotiation
Statues of limitation
Legal reasoning
28. Highest official of a monarch. Granted new an unique remedies.
Negotiation
positive law
Ninth Amendment
Chancellor
29. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Seventh Amendment
Motion for judgement as a matter of law
Question of law
Absolute bar
30. The body of conventional - or written - law of a particular society at a particular point in time.
Search warrant
In rem jurisdiction
Comparative negligence
positive law
31. 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
Symbolic speech
Arbitration
Appellant
Cyber torts
32. A condensed written summary or abstract
Brief
Causation in fact
Arbitration
Direct examination
33. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
State Jurisdiction
Slander of title
Cyberlaw
Arbitration clause
34. An example that is used to justify similar occurrences at a later time
Comparative negligence
Precedent
Justicable controversy
Appellant
35. 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
Appellee
Legal reasoning
Early neutral case evaluation
Areas of Law that may affect business decision making
36. 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.
Justicable controversy
jurisprudence
Defense
Sixth Amendment
37. 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.
Cross-examination
Public Policy
diversity of citizenship
Search warrant
38. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Stages in an A Typical Lawsuit
Fifth Amendment
Answer
Bankruptcy courts
39. Right to a trial by jury
Res ipsa loquitur
Arbitrability
Seventh Amendment
Opening statements
40. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Malpractice
Probate courts
Venue
41. 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.
Complaint
Arbitration
Affirmative defense
American Arbitration Association
42. Ethical or unethical behaviors by employees in the context of their jobs
Origins Of Common Law
Privileges and and immunities clause
Disparagement of property
Business Ethics
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
Statues of limitation
Tenth Amendment
Search warrant
Mini-trial
44. An amendment to the Constitution of the United States guaranteeing the right of free expression
Small Claims courts
Ethical reasoning
Opening statements
First Amendment
45. 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)
laches
Legal reasoning
State level appeal eligibility
Appellee
46. 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
Counterclaim
Strict product liability
Justicable controversy
Business invitees
47. Drawing a comparison in order to show a similarity in some respect
Punitive damages
First Amendment
Relevant evidence
Analogy
48. 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
Federal form of government
Chancellor
dram shop acts
Jurisdiction
49. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Probate courts
Fifth Amendment
positivist school
Arbitrability
50. (law) a pleading made by a defendant in response to the plaintiff's replication
Slander of title
Rejoinder
Summary jury trials
Rules of evidence