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Test your basic knowledge |
Business Law Test
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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. Economic model that compares the marginal costs and marginal benefits of a decision
Binding authority
Search warrant
Analogy
Cost-benefit analysis
2. 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
positive law
Rejoinder
Arbitrability
Independent regulatory agencies
3. The act of changing location from one place to another
Relevant evidence
Malpractice
Motion
Brief
4. Liability without fault. (Strict product liability)
Jurisdiction
Federal Rules of Civil Procedure
fradulent Misrepresentation
Strict liability
5. The government may not house soldiers in private homes without consent of the owner
Punitive damages
Writ of execution
Federal Jurisdiction
Third Amendment
6. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Case law
Good samaritan statues
Pleadings
Areas of Law that may affect business decision making
7. The body of laws created by legislative statutes
Statutory Law
Reporters
Symbolic speech
Strict liability
8. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Legal reasoning
Relevant evidence
Contributory negligence
Stare Decisis and legal Reasoning
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
fradulent Misrepresentation
Common law
Statues of limitation
10. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Affirmative defense
Opinions
importance of common law
Question of law
11. 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
Good samaritan statues
Assumption of risk
In rem jurisdiction
Respondent
12. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Question of fact
Commerce clause
Checks and balances
Corporate social responsibility
13. 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
Legal reasoning
State Jurisdiction
First Amendment
14. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
Slander of title
Long arm statue
Administrative law
15. (law) the right and power to interpret and apply the law
Administrative law
Jurisdiction
Privileges and and immunities clause
Motion for a directed verdict
16. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Criminal law
Ethical reasoning
State and Federal Court Systems
17. 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
Proximate cause
diversity of citizenship
Defense
Standing to sue
18. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Question of law
Online dispute resolution
Syllogism
Negligence
19. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
When constitutional lawz apply
Brief
Strict product liability
laches
20. 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
Arbitrability
Legal and Equitable Remedies
Police powers
positive law
21. Drawing a comparison in order to show a similarity in some respect
Rebuttal
tilitarinism
Second Amendment
Analogy
22. Set of books containing published court decisions
Motion for judgement on the pleadings
Contributory negligence
Reporters
Jurisdiction
23. Previously decided cases that are as similar as possible to the one under consideration
Punitive damages
Administrative agency
Rebuttal
Cases on point
24. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Courts of equity
Tenth Amendment
In rem jurisdiction
Fourth Amendment
25. 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
Historical school
Pretrial motions
Seventh Amendment
Justicable controversy
26. The First Amendment guarantee that the government will not create and support an official state church
Brief
Motion for judgement as a matter of law
Pleadings
establishment clause
27. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Writ of certiorari
Petitioner
Defenses to negligence
Courts of equity
28. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Arbitration
Assumption of risk
Bankruptcy courts
Natural law
29. 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.
Constitutional Law
ordinaces
Relevant evidence
Compensatory damages
30. 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.
law
Respondent
Courts of equity
Administrative agency
31. A legal proceeding in a court
Litigation
Courts of law
Chancellor
Free exercise clause
32. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Second Amendment
Early neutral case evaluation
Question of fact
Default judgement
33. A court will award money or other relief to a party injured by a breach of contract
Cases on point
Respondent
Reporters
Remedies
34. 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.
Closing argument
Police powers
Summons
First Amendment
35. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Courts of equity
Cyberlaw
Question of law
36. A condensed written summary or abstract
Analogy
Brief
Complaint
Absolute bar
37. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
State and Federal Court Systems
Independent regulatory agencies
Statutory Law
Corporate social responsibility
38. Propositions or general statements of equitable rules
Summons
establishment clause
Ninth Amendment
Equitable maxims
39. 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.
Opening statements
Third Amendment
Rebuttal
Disparagement of property
40. 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
Business Ethics
citation
Slander of title
Summary jury trials
41. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
State level appeal eligibility
Burden of proof
Complaint
Sixth Amendment
42. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
In rem jurisdiction
in personam jurisdiction
Constitutional Law
Free exercise clause
43. Law concerned with private wrongs against individuals
Civil Law
Cases on point
Alleges
Writ of execution
44. The party who appeals a decision of a lower court
fradulent Misrepresentation
Binding authority
Appellant
Rebuttal
45. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
diversity of citizenship
Strict liability
Federal question
In rem jurisdiction
46. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Venue
Principle of rights
In rem jurisdiction
Free exercise clause
47. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Precedent
Summary jury trials
Writ of certiorari
Ninth Amendment
48. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Arbitration clause
Administrative agency
Slander of quality
49. A defendant's answer or plea denying the truth of the charges against him
Cost-benefit analysis
ordinaces
Principle of rights
Defense
50. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
establishment clause
Ninth Amendment
Defenses to negligence
breaches
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