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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. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
Third Amendment
laches
Precedent
2. 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
Relevant evidence
Negligence
Rejoinder
3. 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
Motion for judgement on the pleadings
Filtering software
Torts(Wrongs)
Mini-trial
4. 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
Remedies of Law
Justicable controversy
Privileges and and immunities clause
Question of law
5. 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
Origins Of Common Law
Administrative law
Rebuttal
Contributory negligence
6. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Disparagement of property
Categorical imperative
Closing argument
Rule of four
7. 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
Pleadings
Statues of limitation
Standing to sue
Mini-trial
8. (law) the right and power to interpret and apply the law
Mini-trial
Question of law
Jurisdiction
Business Ethics
9. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Contributory negligence
Independent regulatory agencies
Concurrent Jurisdiction
Respondent
10. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Motion for a directed verdict
tilitarinism
Good samaritan statues
11. 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
tilitarinism
Business Ethics
Reporters
12. Any source of law that a court must follow when deciding a case. This includes constitutions - statues - and regulations - that govern the issue being decided - as well as previous court decisions in the same jurisdiction.
Corporate social responsibility
Binding authority
Arbitration
Federal question
13. 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.
Syllogism
Corporate social responsibility
Complaint
Cross-examination
14. 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
fradulent Misrepresentation
Categorical imperative
Answer
ordinaces
15. An amendment to the Constitution of the United States guaranteeing the right of free expression
Principle of rights
ordinaces
First Amendment
Long arm statue
16. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Writ of execution
Equal protection clause
diversity of citizenship
Hearsay
17. (law) evidence sufficient to warrant an arrest or search and seizure
Probable cause
Appellant
Federal question
When constitutional lawz apply
18. The courts that awarded compensation back in English Realm
Negligence
Sociological school
Privileges and and immunities clause
Courts of law
19. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Defense
Petitioner
Ninth Amendment
Slander of title
20. 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
Third Amendment
Ninth Amendment
Federal form of government
Petitioner
21. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Full faith and credit clause
Award
Punitive damages
Opinions
22. Economic model that compares the marginal costs and marginal benefits of a decision
positive law
Cost-benefit analysis
Writ of certiorari
Legal realism
23. Law concerned with public wrongs against society
Criminal law
Appellant
Tenth Amendment
Respondent
24. A brief outline of what the defendant and the plaintiff will try to prove.
Assumption of risk
Opening statements
American Arbitration Association
Damages
25. Law concerned with private wrongs against individuals
Slander of title
Trade libel
Brief
Civil Law
26. Rules governing the admissibility of evidence in trial courts.
Remedies of Law
Business invitees
Torts(Wrongs)
Rules of evidence
27. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Jurisdiction
Ninth Amendment
due proccess clause
28. A reference to or a quotation from an authority
Cyberlaw
Constitutional Law
citation
importance of common law
29. Drawing a comparison in order to show a similarity in some respect
Syllogism
Analogy
Arbitration clause
Good samaritan statues
30. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
Absolute bar
Trespass to land
First Amendment
31. A question asked to determine what is true or to what extent something is true
Police powers
Question of fact
Writ of execution
Tenth Amendment
32. To confirm priestly authority upon
ordinaces
Assumption of risk
Default judgement
Federal Rules of Civil Procedure
33. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Good samaritan statues
establishment clause
Reporters
Stare Decisis and legal Reasoning
34. 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.
Police powers
Principle of rights
Pretrial motions
dram shop acts
35. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
jurisprudence
Strict product liability
Negotiation
Ethical reasoning
36. 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
Search warrant
importance of common law
Relevant evidence
Summary jury trials
37. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Administrative agency
Sixth Amendment
Third Amendment
Historical school
38. A court will award money or other relief to a party injured by a breach of contract
Probable cause
Summary jury trials
Search warrant
Remedies
39. The body of conventional - or written - law of a particular society at a particular point in time.
Punitive damages
Cases on point
positive law
Respondent Superior
40. 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
Remedies of Law
Symbolic speech
Summons
Motion for judgement on the pleadings
41. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Absolute bar
Third Amendment
Opinions
Police powers
42. A legal proceeding in a court
Question of law
Litigation
Chancellor
Commerce clause
43. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Independent regulatory agencies
abnormally dangerous
Probable cause
44. Wrongs
Pretrial motions
Torts(Wrongs)
Closing argument
Counterclaim
45. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Arbitration
Syllogism
Good samaritan statues
ordinaces
46. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Commerce clause
Cross-examination
Opinions
importance of common law
47. A condensed written summary or abstract
Torts(Wrongs)
abnormally dangerous
Brief
diversity of citizenship
48. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Contributory negligence
State Jurisdiction
Motion for judgement on the pleadings
due proccess clause
49. Liability without fault. (Strict product liability)
Pretrial motions
Strict liability
Cost-benefit analysis
Federal Rules of Civil Procedure
50. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
First Amendment
Counterclaim
Checks and balances
law