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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. 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
Reporters
Arbitration
In rem jurisdiction
Analogy
2. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
positive law
Counterclaim
Symbolic speech
Writ of certiorari
3. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Criminal law
Federal Jurisdiction
Free exercise clause
Ethical reasoning
4. 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.
Analogy
Motion for a new trial
State Jurisdiction
Case law
5. The body of laws created by legislative statutes
Statutory Law
Fourth Amendment
Motion
Hearsay
6. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.
Slander of title
Standing to sue
Origins Of Common Law
Cyber torts
7. 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.
Historical school
Assumption of risk
Motion for judgement as a matter of law
Question of law
8. The power to speak the law.
law
Jurisdiction
Motion for judgement as a matter of law
Case Precedents and the doctrine of stare decisis
9. 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
Petitioner
Service of process
Remedies
10. The government may not house soldiers in private homes without consent of the owner
Fifth Amendment
Third Amendment
Small Claims courts
Motion for judgement on the pleadings
11. 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
Categorical imperative
Negligence
fradulent Misrepresentation
Cyber torts
12. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Slander of title
Opening statements
Punitive damages
Motion for judgement on the pleadings
13. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
uniform laws
When constitutional lawz apply
Public Policy
Motion for judgement as a matter of law
14. 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
Fourth Amendment
diversity of citizenship
Defense
Proximate cause
15. The publication of false information about another's product - alleging that it is not what its seller claims.
Civil Law
Default judgement
Precedent
Slander of quality
16. 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.
Award
State and Federal Court Systems
fradulent Misrepresentation
Trespass to land
17. A legal proceeding in a court
Writ of certiorari
Litigation
Early neutral case evaluation
Mini-trial
18. Enforcable rules governing relationships among individuals and between individuals and thier society.
law
Standing to sue
Trespass to land
Legal and Equitable Remedies
19. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
jurisprudence
Punitive damages
Cyberlaw
Contributory negligence
20. (civil law) a law established by following earlier judicial decisions
Courts of equity
Justicable controversy
Case law
Alleges
21. Wrongs
Alleges
Trade libel
Torts(Wrongs)
Fourth Amendment
22. 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
Equitable maxims
Trespass to land
Rule of four
23. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Motion
Equal protection clause
Privileges and and immunities clause
Trespass to personal property
24. 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.
Independent regulatory agencies
Full faith and credit clause
Legal reasoning
Police powers
25. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Strict liability
Equitable maxims
Fifth Amendment
When constitutional lawz apply
26. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Principle of rights
Seventh Amendment
Exclusive Jurisdiction
Summons
27. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Small Claims courts
Burden of proof
Absolute bar
Long arm statue
28. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Defenses to negligence
Strict liability
abnormally dangerous
Eighth Amendment
29. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Disparagement of property
Administrative agency
Opinions
30. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Legal and Equitable Remedies
Causation in fact
Federal Jurisdiction
31. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Analogy
dram shop acts
Checks and balances
Motion for a new trial
32. The principle pleading by the defendant in response to plaintiff's complaint
Writ of certiorari
State Jurisdiction
Answer
Petitioner
33. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Full faith and credit clause
Natural law
Motion for judgement as a matter of law
Strict liability
34. The act of changing location from one place to another
Motion
Cyber torts
Constitutional Law
Syllogism
35. 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.
Administrative agency
Arbitrability
Strict liability
Damages
36. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Venue
Comparative negligence
Good samaritan statues
Administrative law
37. Rules governing the admissibility of evidence in trial courts.
Award
Pretrial motions
Rules of evidence
Categorical imperative
38. 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
Full faith and credit clause
Rebuttal
Constitutional Law
Sociological school
39. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
Legal and Equitable Remedies
voir dire
Cyber torts
40. 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.
Brief
Rule of four
Early neutral case evaluation
Trespass to personal property
41. (law) the initial questioning of a witness by the party that called the witness
Independent regulatory agencies
Stare Decisis and legal Reasoning
dram shop acts
Direct examination
42. Law concerned with private wrongs against individuals
fradulent Misrepresentation
Civil Law
Statues of limitation
Trespass to land
43. Three remedies known as land - items of value - or money
Answer
Bill of Rights
Remedies of Law
Burden of proof
44. The location where something takes place - esp. a trial
Venue
Strict liability
Opinions
Bankruptcy courts
45. Economic model that compares the marginal costs and marginal benefits of a decision
Precedent
Cost-benefit analysis
Res ipsa loquitur
Ninth Amendment
46. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Independent regulatory agencies
Torts(Wrongs)
Hearsay
Seventh Amendment
47. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Torts(Wrongs)
Causation in fact
Probate courts
48. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
State Jurisdiction
Pretrial motions
Tenth Amendment
Burden of proof
49. 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
Strict product liability
Corporate social responsibility
Cases on point
Equal protection clause
50. 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.
Third Amendment
Binding authority
Summons
Causation in fact
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