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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. 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.
Defense
dram shop acts
Question of law
Historical school
2. Previously decided cases that are as similar as possible to the one under consideration
Common law
Seventh Amendment
When constitutional lawz apply
Cases on point
3. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Fifth Amendment
Legal realism
Fourth Amendment
Bankruptcy courts
4. Claims
Bankruptcy courts
Opinions
due proccess clause
Alleges
5. A clause in a contract providing for arbitration of disputes arising under the contract
Pleadings
Probable cause
Compensatory damages
Arbitration clause
6. Ethical or unethical behaviors by employees in the context of their jobs
Strict product liability
Service of process
Business Ethics
Probable cause
7. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Jurisdiction
Hearsay
Syllogism
Case law
8. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Good samaritan statues
Cross-examination
Default judgement
Alleges
9. 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
Negligence
Full faith and credit clause
Hearsay
Slander of title
10. 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
Compensatory damages
Federal Rules of Civil Procedure
Stages in an A Typical Lawsuit
11. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Filtering software
Federal form of government
Principle of rights
Small Claims courts
12. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Administrative agency
importance of common law
Appellant
ordinaces
13. The act of changing location from one place to another
Rejoinder
Motion
Areas of Law that may affect business decision making
Defenses to negligence
14. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Trespass to land
Historical school
Eighth Amendment
Business invitees
15. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Causation in fact
fradulent Misrepresentation
Service of process
16. Propositions or general statements of equitable rules
Online dispute resolution
breaches
Equitable maxims
Defense
17. 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
Seventh Amendment
Eighth Amendment
Motion for judgement on the pleadings
law
18. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Privileges and and immunities clause
Ninth Amendment
Negligence
Exclusive Jurisdiction
19. The body of rules and regulations and orders and decisions created by administrative agencies of government
Contributory negligence
Administrative law
Cross-examination
Tenth Amendment
20. Economic model that compares the marginal costs and marginal benefits of a decision
Federal Rules of Civil Procedure
Courts of law
Cost-benefit analysis
Federal form of government
21. Three remedies known as land - items of value - or money
Remedies of Law
Motion for a directed verdict
Seventh Amendment
Writ of certiorari
22. 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
Punitive damages
Cost-benefit analysis
Analogy
23. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Summons
Civil Law
Free exercise clause
Administrative agency
24. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Stare Decisis and legal Reasoning
Proximate cause
Historical school
Fifth Amendment
25. Right to a trial by jury
Petitioner
Seventh Amendment
Common law
Symbolic speech
26. Right to bear arms
Commerce clause
Second Amendment
Affirmative defense
Brief
27. 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.
Search warrant
Pleadings
Opinions
diversity of citizenship
28. 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.
Police powers
Arbitration
Trespass to personal property
Proximate cause
29. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Motion
due proccess clause
Malpractice
30. The body of laws created by legislative statutes
fradulent Misrepresentation
Statutory Law
American Arbitration Association
Stages in an A Typical Lawsuit
31. (law) the initial questioning of a witness by the party that called the witness
Third Amendment
Legal and Equitable Remedies
In rem jurisdiction
Direct examination
32. 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.
Torts(Wrongs)
Third Amendment
Motion for a directed verdict
Legal and Equitable Remedies
33. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Exclusive Jurisdiction
Defenses to negligence
Fifth Amendment
Award
34. 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.
Alternative dispute resolution
Writ of certiorari
Award
Courts of equity
35. Relieve you of some liability when reasonable care is used
Good samaritan statues
Defenses to negligence
Arbitration clause
First Amendment
36. 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
Precedent
Legal and Equitable Remedies
laches
Closing argument
37. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Causation in fact
Alternative dispute resolution
Arbitrability
Closing argument
38. 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
Justicable controversy
Areas of Law that may affect business decision making
Jurisdiction
Historical school
39. Is strict liability hold a claim if the product or service in question is...
Online dispute resolution
abnormally dangerous
Appellee
Criminal law
40. 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
Writ of certiorari
Counterclaim
Petitioner
Probate courts
41. 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
In rem jurisdiction
Question of fact
Summary jury trials
42. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Causation in fact
Business Ethics
tilitarinism
Ethical reasoning
43. (law) the right and power to interpret and apply the law
Justicable controversy
Jurisdiction
Rules of evidence
Negotiation
44. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Arbitrability
Search warrant
Venue
Motion for judgement as a matter of law
45. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
fradulent Misrepresentation
Question of fact
Historical school
Opinions
46. On the premises fr the potential financial benefit of the occupier
Stare Decisis and legal Reasoning
Default judgement
Business invitees
Constitutional Law
47. 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
Pretrial motions
ordinaces
Affirmative defense
Analogy
48. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Motion for a directed verdict
Jurisdiction
Comparative negligence
Negotiation
49. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Award
Legal reasoning
Absolute bar
Cases on point
50. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Strict product liability
Compensatory damages
Arbitrability
Federal Rules of Civil Procedure