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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. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
abnormally dangerous
Independent regulatory agencies
Slander of title
Stare Decisis and legal Reasoning
2. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Checks and balances
Brief
Civil Law
Symbolic speech
3. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Causation in fact
due proccess clause
Online dispute resolution
4. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Business Ethics
Eighth Amendment
Origins Of Common Law
Torts(Wrongs)
5. (law) the initial questioning of a witness by the party that called the witness
Cross-examination
Direct examination
Analogy
Legal reasoning
6. Liability without fault. (Strict product liability)
Contributory negligence
Strict liability
diversity of citizenship
Public Policy
7. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Question of law
Strict liability
Federal question
Service of process
8. The act of delivering a writ or summons upon someone
Small Claims courts
Service of process
ordinaces
Online dispute resolution
9. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Trespass to personal property
Search warrant
Contributory negligence
10. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Service of process
breaches
First Amendment
Bill of Rights
11. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
citation
Case law
Strict liability
12. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Independent regulatory agencies
Corporate social responsibility
State Jurisdiction
Cyberlaw
13. A body of rulings made by judges that become part of a nation's legal system
Checks and balances
Common law
Jurisdiction
Business invitees
14. 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
abnormally dangerous
Absolute bar
Mini-trial
Summary jury trials
15. 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.
Motion for a directed verdict
Motion for a new trial
tilitarinism
law
16. 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.
Motion for a new trial
Cyberlaw
citation
Privileges and and immunities clause
17. 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
Motion for a directed verdict
Pretrial motions
Alleges
18. 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.
Burden of proof
Binding authority
dram shop acts
Ethical reasoning
19. 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
Damages
Business Ethics
Search warrant
20. 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
Precedent
Ethical reasoning
Arbitration
Hearsay
21. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
State and Federal Court Systems
In rem jurisdiction
voir dire
Cyberlaw
22. Courts that handle cases that involve less than $5000
Alleges
Small Claims courts
Ethical reasoning
Pretrial motions
23. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Appellant
in personam jurisdiction
establishment clause
Motion for a new trial
24. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Strict product liability
Case Precedents and the doctrine of stare decisis
Small Claims courts
Legal reasoning
25. Enforcable rules governing relationships among individuals and between individuals and thier society.
Federal Jurisdiction
law
Remedies
Respondent
26. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Equitable maxims
Question of law
Opinions
Legal reasoning
27. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rejoinder
dram shop acts
State level appeal eligibility
Rule of four
28. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Compensatory damages
positive law
Syllogism
Areas of Law that may affect business decision making
29. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Disparagement of property
Long arm statue
Statutory Law
Default judgement
30. To confirm priestly authority upon
Affirmative defense
uniform laws
ordinaces
Jurisdiction
31. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Affirmative defense
Full faith and credit clause
Equal protection clause
Legal realism
32. 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
Search warrant
Award
Fourth Amendment
Administrative agency
33. Previously decided cases that are as similar as possible to the one under consideration
Standing to sue
Cost-benefit analysis
Arbitrability
Cases on point
34. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Motion for judgement as a matter of law
When constitutional lawz apply
Federal Rules of Civil Procedure
diversity of citizenship
35. 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
Sociological school
Default judgement
Statutory Law
Standing to sue
36. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Motion for a directed verdict
Complaint
Litigation
Filtering software
37. Party who defends an appeal
Natural law
voir dire
Summons
Appellee
38. The power to speak the law.
Good samaritan statues
Legal and Equitable Remedies
Syllogism
Jurisdiction
39. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
Natural law
Statues of limitation
Case Precedents and the doctrine of stare decisis
40. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Probable cause
law
Natural law
When constitutional lawz apply
41. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Symbolic speech
Venue
Arbitration clause
Rebuttal
42. A defendant's answer or plea denying the truth of the charges against him
establishment clause
Civil Law
Defense
Rule of four
43. A wrongful act that the actor had no right to do
Trespass to land
Writ of certiorari
Bill of Rights
Malpractice
44. Ethical or unethical behaviors by employees in the context of their jobs
Mini-trial
Exclusive Jurisdiction
Business Ethics
Long arm statue
45. 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
Stare Decisis and legal Reasoning
In rem jurisdiction
Malpractice
tilitarinism
46. The publication of false information about another's product - alleging that it is not what its seller claims.
Commerce clause
Stages in an A Typical Lawsuit
Strict liability
Slander of quality
47. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
Fourth Amendment
Arbitration
Small Claims courts
48. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Counterclaim
establishment clause
Constitutional Law
ordinaces
49. An example that is used to justify similar occurrences at a later time
Bankruptcy courts
Proximate cause
Precedent
Jurisdiction
50. 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
abnormally dangerous
Respondent
positive law
Legal and Equitable Remedies