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Business Law Test

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. 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.






2. The preponderance of evidence which means more likely then not.






3. 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






4. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons






5. The First Amendment guarantee that the government will not create and support an official state church






6. A legal proceeding in a court






7. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction






8. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






9. 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






10. Law concerned with private wrongs against individuals






11. Drawing a comparison in order to show a similarity in some respect






12. 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






13. An amendment to the Constitution of the United States guaranteeing the right of free expression






14. A school of legal thought that views the law as a tool for promoting justice in society.






15. The location where something takes place - esp. a trial






16. 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






17. Highest official of a monarch. Granted new an unique remedies.






18. The rules governing the manner in which civil cases are brough in and progress through the federal courts






19. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






20. To be on the land of another without right or permission of the owner






21. State statute that permits a state to obtain personal jurisdiction over nonresident defendants






22. Need a set of laws so that commerce is possible; can't have different laws in every state for business. Uniform Commercial Code. Uniform Partnernship Act. Most states adopt them but not in the exact same form






23. 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






24. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






25. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)






26. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated






27. 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.






28. 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.






29. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization






30. Protects you from unreasonable search and seizure of your home and property






31. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






32. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.






33. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






34. Negate the claim of negligence(assumption of risk - superceding intervening clause)






35. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






36. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






37. 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.






38. 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.






39. 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






40. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






41. 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






42. Previously decided cases that are as similar as possible to the one under consideration






43. Economic model that compares the marginal costs and marginal benefits of a decision






44. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






45. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based






46. The act of delivering a writ or summons upon someone






47. The power to speak the law.






48. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






49. Authority shared by both federal and state courts






50. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law







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