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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. 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
Syllogism
Arbitration clause
Justicable controversy
Alternative dispute resolution
2. Liability without fault. (Strict product liability)
Strict liability
Negotiation
Case law
Burden of proof
3. Wrongs
Torts(Wrongs)
Commerce clause
Rule of four
Free exercise clause
4. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
Mini-trial
Trespass to personal property
Long arm statue
Seventh Amendment
5. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Contributory negligence
voir dire
laches
Syllogism
6. 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.
Commerce clause
Exclusive Jurisdiction
Trespass to personal property
Checks and balances
7. The government may not house soldiers in private homes without consent of the owner
Early neutral case evaluation
voir dire
Third Amendment
Federal Jurisdiction
8. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Default judgement
Rule of four
Areas of Law that may affect business decision making
Cross-examination
9. Courts that handle cases that involve less than $5000
Summary jury trials
Precedent
Small Claims courts
Opinions
10. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
positivist school
State level appeal eligibility
voir dire
Commerce clause
11. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Award
Rules of evidence
Hearsay
Strict liability
12. 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
Precedent
Stages in an A Typical Lawsuit
In rem jurisdiction
Corporate social responsibility
13. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
Statues of limitation
Good samaritan statues
Question of fact
Writ of execution
14. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Free exercise clause
Counterclaim
Cyberlaw
Filtering software
15. 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.
Trespass to personal property
Appellant
Corporate social responsibility
Administrative agency
16. A wrongful act that the actor had no right to do
dram shop acts
Courts of equity
Malpractice
Historical school
17. Relieve you of some liability when reasonable care is used
Motion for a new trial
Disparagement of property
Good samaritan statues
Federal form of government
18. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Respondent Superior
Areas of Law that may affect business decision making
Online dispute resolution
19. (law) the right and power to interpret and apply the law
Jurisdiction
Stages in an A Typical Lawsuit
Venue
Motion for a new trial
20. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Complaint
Tenth Amendment
Writ of certiorari
Res ipsa loquitur
21. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Rules of evidence
Areas of Law that may affect business decision making
dram shop acts
Disparagement of property
22. Protects you from unreasonable search and seizure of your home and property
First Amendment
Proximate cause
Standing to sue
Fourth Amendment
23. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
State Jurisdiction
tilitarinism
Precedent
in personam jurisdiction
24. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
State Jurisdiction
establishment clause
breaches
Pleadings
25. 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.
Strict liability
Corporate social responsibility
Police powers
Federal Rules of Civil Procedure
26. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Negotiation
American Arbitration Association
Third Amendment
Cyberlaw
27. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Statues of limitation
Stare Decisis and legal Reasoning
Brief
Federal form of government
28. 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
Standing to sue
Respondent Superior
Second Amendment
Case Precedents and the doctrine of stare decisis
29. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Commerce clause
Comparative negligence
Cost-benefit analysis
Service of process
30. The act of changing location from one place to another
Alleges
Sociological school
Affirmative defense
Motion
31. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Administrative law
Exclusive Jurisdiction
Common law
32. On the premises fr the potential financial benefit of the occupier
Exclusive Jurisdiction
Statutory Law
Business invitees
Cases on point
33. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
laches
Commerce clause
Malpractice
34. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Civil Law
Remedies of Law
Constitutional Law
Ninth Amendment
35. Jurisdiction based on claims against property
In rem jurisdiction
Stages in an A Typical Lawsuit
Good samaritan statues
Contributory negligence
36. The principle pleading by the defendant in response to plaintiff's complaint
Syllogism
Petitioner
Answer
Historical school
37. 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
Complaint
dram shop acts
fradulent Misrepresentation
Trade libel
38. Someone who petitions a court for redress of a grievance or recovery of a right
Service of process
Remedies
Petitioner
Probate courts
39. (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
Stages in an A Typical Lawsuit
Closing argument
Trespass to personal property
Chancellor
40. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Free exercise clause
Concurrent Jurisdiction
Cost-benefit analysis
Trade libel
41. 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.
Affirmative defense
Categorical imperative
Question of law
Cross-examination
42. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Motion for a new trial
Award
Cyberlaw
43. 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
Rebuttal
Summary jury trials
Default judgement
44. 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
Respondent Superior
Criminal law
uniform laws
Negligence
45. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Fifth Amendment
Probable cause
Independent regulatory agencies
Closing argument
46. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Corporate social responsibility
Public Policy
Justicable controversy
Privileges and and immunities clause
47. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
positive law
Opinions
Strict liability
due proccess clause
48. A reference to or a quotation from an authority
State and Federal Court Systems
citation
Opinions
Equal protection clause
49. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
tilitarinism
ordinaces
Search warrant
50. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Independent regulatory agencies
State Jurisdiction
Affirmative defense
Summons
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