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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. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Principle of rights
Punitive damages
Summons
Burden of proof
2. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Ninth Amendment
Fourth Amendment
Business invitees
Civil Law
3. (law) the initial questioning of a witness by the party that called the witness
Direct examination
Statues of limitation
Federal question
law
4. 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.
Question of law
ordinaces
Criminal law
Probate courts
5. 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.
Jurisdiction
Litigation
Concurrent Jurisdiction
Award
6. 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.
Principle of rights
Standing to sue
Statutory Law
Early neutral case evaluation
7. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Commerce clause
dram shop acts
Long arm statue
Closing argument
8. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
Disparagement of property
diversity of citizenship
Question of fact
Principle of rights
9. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Brief
Areas of Law that may affect business decision making
Trespass to land
uniform laws
10. A legal proceeding in a court
Litigation
positivist school
Courts of law
Disparagement of property
11. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or
Stages in an A Typical Lawsuit
Petitioner
citation
Negligence
12. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Sociological school
First Amendment
laches
Contributory negligence
13. Relieve you of some liability when reasonable care is used
Rule of four
Good samaritan statues
Police powers
Arbitration
14. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Defenses to negligence
Full faith and credit clause
Disparagement of property
in personam jurisdiction
15. Previously decided cases that are as similar as possible to the one under consideration
Question of law
Cases on point
Complaint
diversity of citizenship
16. 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
Comparative negligence
Commerce clause
Reporters
Arbitration
17. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Compensatory damages
Negotiation
Federal Jurisdiction
18. 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
Checks and balances
Tenth Amendment
Compensatory damages
19. The preponderance of evidence which means more likely then not.
Defense
Equal protection clause
Strict liability
Burden of proof
20. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Legal and Equitable Remedies
Absolute bar
When constitutional lawz apply
breaches
21. (law) a pleading made by a defendant in response to the plaintiff's replication
Reporters
Opening statements
Analogy
Rejoinder
22. Right to bear arms
Symbolic speech
positivist school
Bill of Rights
Second Amendment
23. A court will award money or other relief to a party injured by a breach of contract
Question of fact
Remedies
due proccess clause
abnormally dangerous
24. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Service of process
Remedies
Chancellor
25. A sum of money paid in compensation for loss or injury
Writ of execution
Good samaritan statues
Sixth Amendment
Damages
26. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
tilitarinism
Direct examination
Remedies
Res ipsa loquitur
27. 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
Principle of rights
In rem jurisdiction
Cyber torts
Legal and Equitable Remedies
28. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
abnormally dangerous
Online dispute resolution
Rejoinder
29. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Affirmative defense
tilitarinism
Mini-trial
Litigation
30. 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
Rules of evidence
Fourth Amendment
Mini-trial
Arbitration
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.
Reporters
Third Amendment
establishment clause
Trespass to personal property
32. Authority shared by both federal and state courts
Commerce clause
Legal reasoning
Concurrent Jurisdiction
Rejoinder
33. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Search warrant
Strict liability
Assumption of risk
Small Claims courts
34. A defendant's answer or plea denying the truth of the charges against him
Contributory negligence
Question of fact
Trespass to land
Defense
35. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Seventh Amendment
Courts of equity
Litigation
jurisprudence
36. The body of laws created by legislative statutes
Opening statements
Hearsay
Filtering software
Statutory Law
37. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
uniform laws
Arbitration
Opinions
Venue
38. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Compensatory damages
Res ipsa loquitur
in personam jurisdiction
39. 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
Trespass to land
Legal and Equitable Remedies
Common law
Summary jury trials
40. Rules governing the admissibility of evidence in trial courts.
Areas of Law that may affect business decision making
Rules of evidence
Trade libel
Motion for judgement as a matter of law
41. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Brief
Business invitees
Full faith and credit clause
42. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
State level appeal eligibility
Federal Jurisdiction
Tenth Amendment
citation
43. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Res ipsa loquitur
Free exercise clause
Filtering software
Fifth Amendment
44. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
Filtering software
Relevant evidence
Commerce clause
45. 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.
establishment clause
Jurisdiction
Binding authority
Writ of certiorari
46. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Negligence
American Arbitration Association
Commerce clause
Federal Rules of Civil Procedure
47. The party who appeals a decision of a lower court
Arbitration
Strict product liability
Appellant
Complaint
48. 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.
Counterclaim
Proximate cause
Administrative agency
Sociological school
49. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Privileges and and immunities clause
Business Ethics
Public Policy
fradulent Misrepresentation
50. 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
Affirmative defense
Trade libel