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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. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
uniform laws
Burden of proof
Service of process
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
Contributory negligence
Origins Of Common Law
Mini-trial
Police powers
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
Binding authority
Fourth Amendment
Analogy
Legal realism
4. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Pleadings
Service of process
Filtering software
Strict product liability
5. The party who appeals a decision of a lower court
Eighth Amendment
Strict liability
Appellant
American Arbitration Association
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.
Bankruptcy courts
Binding authority
citation
Eighth Amendment
7. A body of rulings made by judges that become part of a nation's legal system
Arbitration
Malpractice
Common law
due proccess clause
8. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Comparative negligence
Public Policy
Direct examination
Federal Jurisdiction
9. A claim filed in opposition to another claim in a legal action
Remedies of Law
Summary jury trials
Counterclaim
Defense
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.
Arbitration
Negligence
Motion for a new trial
Justicable controversy
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
Second Amendment
Early neutral case evaluation
State and Federal Court Systems
Pleadings
12. Three remedies known as land - items of value - or money
Courts of law
laches
Arbitration clause
Remedies of Law
13. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Binding authority
Police powers
Remedies
14. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Natural law
establishment clause
Punitive damages
15. (civil law) a law established by following earlier judicial decisions
Case law
uniform laws
Motion for a new trial
Award
16. On the premises fr the potential financial benefit of the occupier
Federal question
Litigation
Business invitees
Question of fact
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.
Strict product liability
Precedent
Administrative agency
Common law
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
Equal protection clause
Legal reasoning
Strict product liability
Appellee
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.
Proximate cause
Motion
Equitable maxims
fradulent Misrepresentation
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.
Federal question
Affirmative defense
State Jurisdiction
Motion for a directed verdict
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.
Binding authority
ordinaces
Affirmative defense
Exclusive Jurisdiction
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
Full faith and credit clause
Burden of proof
Strict liability
Pretrial motions
23. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Federal question
Motion for judgement on the pleadings
Rebuttal
Negotiation
24. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
laches
State Jurisdiction
Good samaritan statues
Business invitees
25. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Compensatory damages
Pretrial motions
Police powers
26. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
tilitarinism
Slander of title
Privileges and and immunities clause
State Jurisdiction
27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Corporate social responsibility
Alternative dispute resolution
citation
Negotiation
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
Arbitrability
due proccess clause
Defenses to negligence
Stare Decisis and legal Reasoning
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.
uniform laws
Chancellor
Pleadings
Arbitrability
30. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Concurrent Jurisdiction
Motion for judgement as a matter of law
State level appeal eligibility
Ethical reasoning
31. Torts committed via the internet
Cyber torts
Counterclaim
Direct examination
diversity of citizenship
32. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Cyber torts
Sixth Amendment
Defenses to negligence
Cost-benefit analysis
33. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Principle of rights
Areas of Law that may affect business decision making
Hearsay
Small Claims courts
34. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Natural law
tilitarinism
Checks and balances
Motion for a directed verdict
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
Writ of execution
Probate courts
Good samaritan statues
Compensatory damages
36. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Disparagement of property
Sociological school
Eighth Amendment
Default judgement
37. A defendant's answer or plea denying the truth of the charges against him
Defense
citation
Tenth Amendment
In rem jurisdiction
38. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
in personam jurisdiction
Federal Jurisdiction
Counterclaim
Pleadings
39. Law concerned with public wrongs against society
Criminal law
Petitioner
Pretrial motions
Symbolic speech
40. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Symbolic speech
Legal reasoning
Constitutional Law
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.
law
Summary jury trials
Disparagement of property
Police 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.
Filtering software
Trespass to personal property
Burden of proof
Respondent
43. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
in personam jurisdiction
positive law
citation
Opening statements
44. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Cases on point
Alleges
Constitutional Law
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
Litigation
importance of common law
Standing to sue
In rem jurisdiction
46. Ethical or unethical behaviors by employees in the context of their jobs
positivist school
Business Ethics
Question of law
citation
47. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Torts(Wrongs)
First Amendment
Federal Rules of Civil Procedure
Free exercise clause
48. Wrongs
Motion for judgement as a matter of law
Arbitration clause
Sociological school
Torts(Wrongs)
49. Party who defends an appeal
Remedies
Appellee
When constitutional lawz apply
Respondent Superior
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
Bill of Rights
ordinaces
Closing argument
Arbitration