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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. Jurisdiction based on claims against property
Damages
Question of fact
In rem jurisdiction
Appellant
2. Someone who petitions a court for redress of a grievance or recovery of a right
Negligence
Courts of law
Petitioner
Eighth Amendment
3. 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.
Civil Law
Summary jury trials
Administrative agency
When constitutional lawz apply
4. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Litigation
Pleadings
Search warrant
Ethical reasoning
5. A major provider of arbitration services
Precedent
American Arbitration Association
Jurisdiction
Probate courts
6. 1. employee activity within scope of employment 2. employee is negligent
Hearsay
Respondent Superior
due proccess clause
Ninth Amendment
7. Judges must abide by precedents in thier jurisdictions.
Probate courts
Case Precedents and the doctrine of stare decisis
Filtering software
Equitable maxims
8. A school of legal thought that views the law as a tool for promoting justice in society.
Appellant
Sociological school
fradulent Misrepresentation
Probate courts
9. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Business invitees
Closing argument
Rebuttal
Probate courts
10. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Justicable controversy
Statues of limitation
Pretrial motions
Rule of four
11. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Arbitration clause
Administrative law
Ethical reasoning
Venue
12. The act of changing location from one place to another
State and Federal Court Systems
Summons
Business invitees
Motion
13. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Petitioner
Award
Disparagement of property
14. A body of rulings made by judges that become part of a nation's legal system
Common law
Motion for judgement on the pleadings
Privileges and and immunities clause
positivist school
15. An act or omission without which an event would not have occurred.
Absolute bar
Standing to sue
Independent regulatory agencies
Causation in fact
16. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Filtering software
voir dire
Appellant
dram shop acts
17. 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
Slander of quality
Third Amendment
Legal reasoning
State and Federal Court Systems
18. 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)
Venue
laches
Symbolic speech
State level appeal eligibility
19. The preponderance of evidence which means more likely then not.
Administrative agency
Affirmative defense
tilitarinism
Burden of proof
20. A claim filed in opposition to another claim in a legal action
Counterclaim
Criminal law
Rules of evidence
dram shop acts
21. 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
In rem jurisdiction
Legal and Equitable Remedies
Comparative negligence
Cases on point
22. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Federal form of government
Standing to sue
Appellee
Third Amendment
23. Right to a trial by jury
Appellant
Negligence
Seventh Amendment
in personam jurisdiction
24. 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.
ordinaces
Affirmative defense
Tenth Amendment
Award
25. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Direct examination
Statues of limitation
Disparagement of property
26. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case
Checks and balances
Arbitration clause
Justicable controversy
Cyberlaw
27. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
in personam jurisdiction
Punitive damages
Counterclaim
Natural law
28. Claims
Alleges
citation
Strict liability
Closing argument
29. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Categorical imperative
Contributory negligence
Bill of Rights
Criminal law
30. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
In rem jurisdiction
abnormally dangerous
When constitutional lawz apply
Motion for a directed verdict
31. 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
Strict product liability
Alleges
Historical school
Origins Of Common Law
32. 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.
Ethical reasoning
Filtering software
Opening statements
Direct examination
33. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Causation in fact
Second Amendment
Online dispute resolution
Brief
34. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Opinions
Cases on point
Constitutional Law
In rem jurisdiction
35. Set of books containing published court decisions
tilitarinism
Compensatory damages
Online dispute resolution
Reporters
36. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Online dispute resolution
State Jurisdiction
Binding authority
Stages in an A Typical Lawsuit
37. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Direct examination
Jurisdiction
Legal realism
jurisprudence
38. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Origins Of Common Law
Malpractice
Cyberlaw
39. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Precedent
Hearsay
Sociological school
Legal realism
40. Authority shared by both federal and state courts
Analogy
Equal protection clause
Concurrent Jurisdiction
Default judgement
41. 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
citation
Bill of Rights
Full faith and credit clause
Motion for judgement on the pleadings
42. The body of rules and regulations and orders and decisions created by administrative agencies of government
Business Ethics
Administrative law
dram shop acts
Case law
43. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Long arm statue
Chancellor
laches
Alleges
44. A brief outline of what the defendant and the plaintiff will try to prove.
Courts of law
Appellee
Probate courts
Opening statements
45. A sum of money paid in compensation for loss or injury
Pretrial motions
Mini-trial
Case law
Damages
46. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Third Amendment
Writ of execution
Equitable maxims
due proccess clause
47. A final judgment for one side in a lawsuit without trial when a judge finds based on pleadings - affidavits - and depositions that there is no genuine factual issue in the lawsuit
Mini-trial
Arbitration clause
Motion for judgement on the pleadings
citation
48. Drawing a comparison in order to show a similarity in some respect
Rebuttal
Writ of certiorari
Analogy
Trespass to land
49. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
tilitarinism
Cases on point
Checks and balances
Remedies
50. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
Res ipsa loquitur
Tenth Amendment
Jurisdiction
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