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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. Is strict liability hold a claim if the product or service in question is...
Bill of Rights
Equitable maxims
Remedies
abnormally dangerous
2. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Second Amendment
Torts(Wrongs)
Third Amendment
3. 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.
Business Ethics
Police powers
Relevant evidence
Slander of quality
4. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Direct examination
Cyberlaw
voir dire
5. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Trade libel
Independent regulatory agencies
Closing argument
abnormally dangerous
6. A body of rulings made by judges that become part of a nation's legal system
Online dispute resolution
Common law
Legal realism
Stare Decisis and legal Reasoning
7. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Damages
Burden of proof
Alternative dispute resolution
Civil Law
8. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Jurisdiction
in personam jurisdiction
Torts(Wrongs)
9. 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.
Appellee
Binding authority
Filtering software
Hearsay
10. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
Origins Of Common Law
Arbitrability
Causation in fact
11. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Good samaritan statues
tilitarinism
Federal question
uniform laws
12. Economic model that compares the marginal costs and marginal benefits of a decision
Federal Rules of Civil Procedure
Cost-benefit analysis
Bankruptcy courts
Ninth Amendment
13. A clause in a contract providing for arbitration of disputes arising under the contract
Assumption of risk
Venue
Arbitration clause
Exclusive Jurisdiction
14. 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
abnormally dangerous
Award
Arbitrability
Appellee
15. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Trade libel
positivist school
Rejoinder
Writ of certiorari
16. 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
Comparative negligence
Origins Of Common Law
State and Federal Court Systems
in personam jurisdiction
17. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
citation
Respondent
Jurisdiction
Res ipsa loquitur
18. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Third Amendment
laches
Jurisdiction
Free exercise clause
19. 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
uniform laws
Defenses to negligence
Civil Law
Bankruptcy courts
20. Automotic appeal based on procedure/law. appeal cannot be made on a error of fact. Car accident example. procedure - wrong court date. law - issue of law is wrong. U.S. Supreme Court appeal is still possible with permission(write of certerori)
Origins Of Common Law
State level appeal eligibility
In rem jurisdiction
Bill of Rights
21. 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.
Search warrant
Question of law
Online dispute resolution
Pretrial motions
22. The body of rules and regulations and orders and decisions created by administrative agencies of government
Courts of law
Administrative law
Summons
Business invitees
23. 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
Counterclaim
importance of common law
Administrative law
24. 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.
Equal protection clause
Full faith and credit clause
Common law
Relevant evidence
25. Right to a trial by jury
Res ipsa loquitur
Seventh Amendment
Arbitration clause
Punitive damages
26. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Relevant evidence
Statutory Law
When constitutional lawz apply
Ethical reasoning
27. The reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case
Legal reasoning
Writ of certiorari
Early neutral case evaluation
law
28. The power to speak the law.
Federal question
Business Ethics
Privileges and and immunities clause
Jurisdiction
29. 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
Full faith and credit clause
Pretrial motions
Corporate social responsibility
Tenth Amendment
30. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
State and Federal Court Systems
Cases on point
importance of common law
voir dire
31. 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.
Trespass to personal property
Statutory Law
laches
Appellant
32. 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.
Writ of execution
Affirmative defense
Early neutral case evaluation
Opening statements
33. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Probable cause
Contributory negligence
Fifth Amendment
Jurisdiction
34. Enforcable rules governing relationships among individuals and between individuals and thier society.
Case law
law
Chancellor
fradulent Misrepresentation
35. (law) a pleading made by a defendant in response to the plaintiff's replication
Summons
Cost-benefit analysis
Criminal law
Rejoinder
36. The location where something takes place - esp. a trial
Venue
Trade libel
Award
Fourth Amendment
37. (civil law) a law established by following earlier judicial decisions
Remedies
Case law
Statutory Law
Pleadings
38. The courts that awarded compensation back in English Realm
Strict product liability
Symbolic speech
Slander of title
Courts of law
39. 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.
Petitioner
Federal Rules of Civil Procedure
Motion for a new trial
Arbitration
40. Law concerned with private wrongs against individuals
Legal reasoning
Civil Law
When constitutional lawz apply
Second Amendment
41. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Trespass to personal property
Bill of Rights
Categorical imperative
Corporate social responsibility
42. A major provider of arbitration services
Remedies of Law
Public Policy
Stages in an A Typical Lawsuit
American Arbitration Association
43. An amendment to the Constitution of the United States guaranteeing the right of free expression
Strict product liability
First Amendment
Good samaritan statues
Bankruptcy courts
44. 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
Equitable maxims
Good samaritan statues
Cases on point
In rem jurisdiction
45. 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.
Slander of quality
Fourth Amendment
Motion for a directed verdict
Long arm statue
46. A wrongful act that the actor had no right to do
Commerce clause
Trade libel
Malpractice
Reporters
47. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Complaint
ordinaces
Hearsay
Motion
48. 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.
State level appeal eligibility
Litigation
Administrative agency
Compensatory damages
49. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Eighth Amendment
Slander of title
ordinaces
50. A reference to or a quotation from an authority
Venue
Cyberlaw
citation
Ninth Amendment
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