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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. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
First Amendment
Strict liability
Comparative negligence
Damages
2. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
dram shop acts
Pleadings
Pretrial motions
Trespass to personal property
3. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Burden of proof
Pleadings
Question of law
Ethical reasoning
4. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Early neutral case evaluation
Concurrent Jurisdiction
Cyberlaw
First Amendment
5. 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
Cross-examination
Exclusive Jurisdiction
Tenth Amendment
diversity of citizenship
6. Claims
Remedies
Third Amendment
Alleges
Corporate social responsibility
7. Law concerned with public wrongs against society
Chancellor
Probate courts
Criminal law
Motion for a new trial
8. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Hearsay
Online dispute resolution
Areas of Law that may affect business decision making
Respondent Superior
9. 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.
Principle of rights
uniform laws
Affirmative defense
Question of law
10. An act or omission without which an event would not have occurred.
abnormally dangerous
Principle of rights
Causation in fact
Negligence
11. The government may not house soldiers in private homes without consent of the owner
Brief
Third Amendment
Compensatory damages
Cyber torts
12. The power to speak the law.
Writ of certiorari
Courts of law
Good samaritan statues
Jurisdiction
13. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Binding authority
Administrative law
Motion for judgement as a matter of law
Opinions
14. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Motion for judgement as a matter of law
Defenses to negligence
Online dispute resolution
Chancellor
15. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Small Claims courts
Respondent
Trespass to personal property
Alleges
16. 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
Opening statements
Res ipsa loquitur
Summary jury trials
Online dispute resolution
17. 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.
Administrative law
Relevant evidence
Criminal law
importance of common law
18. 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.
Courts of law
Commerce clause
Affirmative defense
Legal and Equitable Remedies
19. 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
Syllogism
Concurrent Jurisdiction
Negligence
Motion for a directed verdict
20. Torts committed via the internet
Cyber torts
Third Amendment
Strict liability
Summary jury trials
21. 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
Reporters
Ninth Amendment
Respondent
22. On the premises fr the potential financial benefit of the occupier
Rebuttal
Business invitees
Opening statements
Motion for judgement on the pleadings
23. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
Full faith and credit clause
Pleadings
Opinions
Equal protection clause
24. 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
Direct examination
Affirmative defense
Federal form of government
Torts(Wrongs)
25. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Stare Decisis and legal Reasoning
Fifth Amendment
Contributory negligence
ordinaces
26. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
positive law
Strict liability
Legal realism
jurisprudence
27. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Pretrial motions
Assumption of risk
Federal Jurisdiction
Disparagement of property
28. 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
dram shop acts
In rem jurisdiction
Filtering software
Legal and Equitable Remedies
29. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Justicable controversy
Fourth Amendment
ordinaces
30. Previously decided cases that are as similar as possible to the one under consideration
Courts of law
Malpractice
Statues of limitation
Cases on point
31. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Rejoinder
Negotiation
Independent regulatory agencies
Trade libel
32. A defendant's answer or plea denying the truth of the charges against him
in personam jurisdiction
Defense
Venue
Symbolic speech
33. 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
Malpractice
positivist school
Full faith and credit clause
State level appeal eligibility
34. 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.
Independent regulatory agencies
laches
Probable cause
Cross-examination
35. Party who defends an appeal
Appellee
jurisprudence
Defenses to negligence
American Arbitration Association
36. Wrongs
Cases on point
establishment clause
Torts(Wrongs)
importance of common law
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
Default judgement
Defenses to negligence
fradulent Misrepresentation
Reporters
38. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Service of process
Chancellor
Free exercise clause
39. 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
State and Federal Court Systems
Comparative negligence
Respondent
Strict product liability
40. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
fradulent Misrepresentation
Legal and Equitable Remedies
Brief
41. 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
Legal and Equitable Remedies
Free exercise clause
Alternative dispute resolution
Probate courts
42. 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
Burden of proof
Rule of four
Administrative law
Writ of execution
43. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Arbitrability
Negotiation
Categorical imperative
44. Set of books containing published court decisions
Reporters
Probable cause
Motion for a directed verdict
Pretrial motions
45. Economic model that compares the marginal costs and marginal benefits of a decision
Trespass to land
Cost-benefit analysis
Litigation
Assumption of risk
46. (law) the right and power to interpret and apply the law
Respondent
Equal protection clause
Arbitrability
Jurisdiction
47. 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
State Jurisdiction
Respondent Superior
Rejoinder
48. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children
Cyberlaw
Proximate cause
Probate courts
Motion for a new trial
49. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
Pretrial motions
Writ of execution
Absolute bar
50. A wrongful act that the actor had no right to do
Respondent
Probable cause
Disparagement of property
Malpractice