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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. 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
Sixth Amendment
State level appeal eligibility
Small Claims courts
uniform laws
2. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Ethical reasoning
dram shop acts
Affirmative defense
Question of fact
3. Jurisdiction based on claims against property
In rem jurisdiction
Negligence
Counterclaim
Constitutional Law
4. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Categorical imperative
Opinions
Federal Jurisdiction
Negotiation
5. The act of changing location from one place to another
Award
Motion
in personam jurisdiction
Affirmative defense
6. An example that is used to justify similar occurrences at a later time
When constitutional lawz apply
Precedent
Causation in fact
Award
7. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Absolute bar
Seventh Amendment
Concurrent Jurisdiction
Arbitration
8. An act or omission without which an event would not have occurred.
Slander of quality
Public Policy
Independent regulatory agencies
Causation in fact
9. 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
Historical school
Motion for a directed verdict
Complaint
10. Previously decided cases that are as similar as possible to the one under consideration
Remedies of Law
Cost-benefit analysis
Cases on point
Disparagement of property
11. The courts that awarded compensation back in English Realm
Courts of law
State level appeal eligibility
Negotiation
Respondent
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
Writ of certiorari
establishment clause
Question of law
Corporate social responsibility
13. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
importance of common law
tilitarinism
Legal and Equitable Remedies
Categorical imperative
14. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Courts of equity
Eighth Amendment
Chancellor
Compensatory damages
15. 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.
Pleadings
State level appeal eligibility
fradulent Misrepresentation
Motion
16. 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
Summons
Remedies
Direct examination
17. 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 land
Complaint
Ethical reasoning
Administrative agency
18. The location where something takes place - esp. a trial
Venue
Torts(Wrongs)
in personam jurisdiction
diversity of citizenship
19. (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
Res ipsa loquitur
Stages in an A Typical Lawsuit
citation
In rem jurisdiction
20. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Defense
Arbitration
Privileges and and immunities clause
Alleges
21. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Negotiation
Alternative dispute resolution
Arbitration clause
Symbolic speech
22. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Rule of four
Categorical imperative
Criminal law
Closing argument
23. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Relevant evidence
Contributory negligence
Bill of Rights
Complaint
24. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England
Slander of title
Origins Of Common Law
in personam jurisdiction
Probable cause
25. Law concerned with public wrongs against society
diversity of citizenship
Criminal law
Malpractice
Petitioner
26. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Legal realism
Default judgement
Sixth Amendment
Federal question
27. 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
fradulent Misrepresentation
Commerce clause
Tenth Amendment
In rem jurisdiction
28. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Analogy
voir dire
citation
in personam jurisdiction
29. (law) a pleading made by a defendant in response to the plaintiff's replication
Rejoinder
Jurisdiction
Federal question
abnormally dangerous
30. (law) evidence sufficient to warrant an arrest or search and seizure
Equal protection clause
Bill of Rights
Probable cause
tilitarinism
31. 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
Probate courts
Counterclaim
Arbitrability
32. Propositions or general statements of equitable rules
Exclusive Jurisdiction
Business invitees
Equitable maxims
Hearsay
33. Claims
Writ of execution
Filtering software
Alleges
Appellee
34. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
due proccess clause
Administrative agency
Absolute bar
Long arm statue
35. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Checks and balances
Areas of Law that may affect business decision making
Absolute bar
Assumption of risk
36. A court will award money or other relief to a party injured by a breach of contract
Damages
Remedies
Answer
Federal Rules of Civil Procedure
37. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Full faith and credit clause
Probate courts
Stages in an A Typical Lawsuit
38. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Question of law
Probate courts
Arbitration
39. A claim filed in opposition to another claim in a legal action
Origins Of Common Law
Causation in fact
Counterclaim
Negligence
40. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Administrative agency
Search warrant
Checks and balances
Constitutional Law
41. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent
Arbitration
Online dispute resolution
Sixth Amendment
Writ of execution
42. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Negotiation
Eighth Amendment
State and Federal Court Systems
43. 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.
Probate courts
Torts(Wrongs)
Tenth Amendment
Motion for judgement on the pleadings
44. The body of conventional - or written - law of a particular society at a particular point in time.
Reporters
positive law
Stages in an A Typical Lawsuit
Rebuttal
45. (law) the right and power to interpret and apply the law
Question of fact
Third Amendment
Negotiation
Jurisdiction
46. 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
Question of fact
Federal form of government
Justicable controversy
Motion for judgement as a matter of law
47. A brief outline of what the defendant and the plaintiff will try to prove.
Cost-benefit analysis
Probable cause
Opening statements
Alternative dispute resolution
48. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Cyber torts
Federal Jurisdiction
Filtering software
Civil Law
49. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Jurisdiction
First Amendment
positivist school
50. A body of rulings made by judges that become part of a nation's legal system
Burden of proof
Trespass to personal property
Common law
Arbitration