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Business Law Test

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 First Amendment guarantee that the government will not create and support an official state church






2. 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






3. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs






4. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.






5. The party who appeals a decision of a lower court






6. 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.






7. A body of rulings made by judges that become part of a nation's legal system






8. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






9. A claim filed in opposition to another claim in a legal action






10. 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.






11. 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






12. Three remedies known as land - items of value - or money






13. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






14. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






15. (civil law) a law established by following earlier judicial decisions






16. On the premises fr the potential financial benefit of the occupier






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.






18. 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






19. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.






20. 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.






21. 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.






22. 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






23. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder






24. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






25. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






26. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States






27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






28. 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






29. 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.






30. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






31. Torts committed via the internet






32. Assumption of risk - Superseding cause - and contributory and comparative negligence.






33. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.






34. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






35. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out






36. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)






37. A defendant's answer or plea denying the truth of the charges against him






38. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






39. Law concerned with public wrongs against society






40. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction






41. 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.






42. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.






43. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property






44. Judges must abide by precedents in thier jurisdictions.






45. 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






46. Ethical or unethical behaviors by employees in the context of their jobs






47. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






48. Wrongs






49. Party who defends an appeal






50. 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