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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. 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.
Motion for a new trial
Trespass to personal property
Malpractice
Relevant evidence
2. A claim filed in opposition to another claim in a legal action
First Amendment
Fifth Amendment
Counterclaim
Areas of Law that may affect business decision making
3. Law concerned with public wrongs against society
Corporate social responsibility
Criminal law
Statues of limitation
diversity of citizenship
4. Occurs when one party to a contract is not given full or accurate information by the other party about the contract subject matter - Intentional misrepresentation of material fact - reasonably relied on by plaintiff resulting in damages
Pleadings
Slander of quality
fradulent Misrepresentation
Venue
5. 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
Commerce clause
Legal and Equitable Remedies
Torts(Wrongs)
citation
6. The body of conventional - or written - law of a particular society at a particular point in time.
Second Amendment
positive law
Pleadings
Probate courts
7. The party who appeals a decision of a lower court
Service of process
voir dire
Pretrial motions
Appellant
8. 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
Federal question
Pleadings
Early neutral case evaluation
9. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Common law
Compensatory damages
Stages in an A Typical Lawsuit
Writ of certiorari
10. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Federal Rules of Civil Procedure
tilitarinism
diversity of citizenship
11. Right to bear arms
Rebuttal
Litigation
Chancellor
Second Amendment
12. A wrongful act that the actor had no right to do
Areas of Law that may affect business decision making
Malpractice
Equitable maxims
Motion for judgement on the pleadings
13. 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.
Binding authority
Fourth Amendment
Res ipsa loquitur
Cyber torts
14. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Third Amendment
Petitioner
Jurisdiction
15. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
in personam jurisdiction
Seventh Amendment
Probable cause
Motion for judgement on the pleadings
16. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Probate courts
Trade libel
Federal question
Award
17. 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
Arbitration clause
Motion for judgement as a matter of law
In rem jurisdiction
Arbitrability
18. The power to speak the law.
dram shop acts
Mini-trial
Jurisdiction
Cross-examination
19. Economic model that compares the marginal costs and marginal benefits of a decision
Federal question
Cost-benefit analysis
Stare Decisis and legal Reasoning
Opening statements
20. A court will award money or other relief to a party injured by a breach of contract
Tenth Amendment
Stare Decisis and legal Reasoning
Remedies
American Arbitration Association
21. State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death - including issues relating to custody and guardianship of children
Probate courts
Respondent Superior
law
Probable cause
22. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
establishment clause
Venue
Seventh Amendment
Checks and balances
23. 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.
Litigation
Negligence
Question of law
Remedies
24. Protects you from unreasonable search and seizure of your home and property
Award
Symbolic speech
establishment clause
Fourth Amendment
25. 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.
Fifth Amendment
Affirmative defense
Slander of title
American Arbitration Association
26. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Legal reasoning
Complaint
positive law
Syllogism
27. Liability without fault. (Strict product liability)
Police powers
diversity of citizenship
positivist school
Strict liability
28. An example that is used to justify similar occurrences at a later time
Appellee
voir dire
Precedent
Sixth Amendment
29. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
abnormally dangerous
Exclusive Jurisdiction
Federal Jurisdiction
Rule of four
30. (law) a pleading made by a defendant in response to the plaintiff's replication
Answer
Long arm statue
Rejoinder
Question of fact
31. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Trade libel
American Arbitration Association
Origins Of Common Law
Res ipsa loquitur
32. Party who defends an appeal
Trade libel
First Amendment
Appellee
voir dire
33. The principle pleading by the defendant in response to plaintiff's complaint
Closing argument
Tenth Amendment
Independent regulatory agencies
Answer
34. A defendant's answer or plea denying the truth of the charges against him
Jurisdiction
Complaint
Defense
Cost-benefit analysis
35. An amendment to the Constitution of the United States guaranteeing the right of free expression
Damages
American Arbitration Association
diversity of citizenship
First Amendment
36. Three remedies known as land - items of value - or money
Strict product liability
Arbitrability
Remedies of Law
Appellee
37. Relieve you of some liability when reasonable care is used
Good samaritan statues
Third Amendment
Case Precedents and the doctrine of stare decisis
Cost-benefit analysis
38. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Rule of four
Respondent
Question of law
Historical school
39. Torts committed via the internet
Probable cause
Torts(Wrongs)
Exclusive Jurisdiction
Cyber torts
40. 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
Question of law
Proximate cause
Origins Of Common Law
abnormally dangerous
41. A sum of money paid in compensation for loss or injury
Compensatory damages
Damages
dram shop acts
Respondent Superior
42. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Venue
Natural law
Stare Decisis and legal Reasoning
Pleadings
43. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Standing to sue
Motion for judgement as a matter of law
State and Federal Court Systems
Justicable controversy
44. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Writ of execution
due proccess clause
Negligence
Federal Rules of Civil Procedure
45. To confirm priestly authority upon
Alleges
ordinaces
Punitive damages
In rem jurisdiction
46. The publication of false information about another's product - alleging that it is not what its seller claims.
Categorical imperative
Probate courts
Slander of quality
Statutory Law
47. A body of rulings made by judges that become part of a nation's legal system
Public Policy
Cyber torts
Brief
Common law
48. 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
Statues of limitation
Damages
Standing to sue
Tenth Amendment
49. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Concurrent Jurisdiction
Areas of Law that may affect business decision making
Chancellor
Commerce clause
50. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Motion for a new trial
Principle of rights
Statutory Law
Appellant