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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 upon claims against a person - in contrast to jurisdiction over the person's property
Comparative negligence
in personam jurisdiction
Second Amendment
Reporters
2. An amendment to the Constitution of the United States guaranteeing the right of free expression
Administrative agency
First Amendment
Legal and Equitable Remedies
Strict product liability
3. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
Equitable maxims
law
positivist school
Alternative dispute resolution
4. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Checks and balances
Jurisdiction
Small Claims courts
laches
5. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
voir dire
Principle of rights
Hearsay
dram shop acts
6. 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.
Pleadings
Probate courts
Affirmative defense
Tenth Amendment
7. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Ethical reasoning
Hearsay
Public Policy
Cases on point
8. A major provider of arbitration services
American Arbitration Association
Answer
abnormally dangerous
Concurrent Jurisdiction
9. (law) a pleading made by a defendant in response to the plaintiff's replication
Damages
Appellee
Rejoinder
Federal question
10. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Rules of evidence
Second Amendment
Independent regulatory agencies
laches
11. To be on the land of another without right or permission of the owner
in personam jurisdiction
Trespass to land
Direct examination
uniform laws
12. 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.
Federal form of government
Principle of rights
Cyberlaw
Early neutral case evaluation
13. A reference to or a quotation from an authority
In rem jurisdiction
Motion
Writ of execution
citation
14. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
abnormally dangerous
Assumption of risk
Punitive damages
establishment clause
15. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Writ of execution
Arbitration clause
tilitarinism
16. 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
Rebuttal
Origins Of Common Law
Syllogism
Online dispute resolution
17. Someone who petitions a court for redress of a grievance or recovery of a right
Direct examination
Petitioner
Equitable maxims
positivist school
18. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Cyber torts
voir dire
Trespass to personal property
Federal question
19. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Summons
Tenth Amendment
Question of law
Bankruptcy courts
20. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Sociological school
Respondent
law
Criminal law
21. 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.
Trespass to personal property
Service of process
Respondent
Statutory Law
22. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
tilitarinism
Hearsay
Slander of quality
Free exercise clause
23. 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
Rebuttal
Summary jury trials
Cases on point
Probate courts
24. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Motion for a new trial
Arbitrability
Cross-examination
Closing argument
25. Relieve you of some liability when reasonable care is used
tilitarinism
Good samaritan statues
Third Amendment
diversity of citizenship
26. The location where something takes place - esp. a trial
Motion
Administrative agency
Venue
Principle of rights
27. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Statutory Law
Trespass to personal property
Compensatory damages
Negotiation
28. The body of rules and regulations and orders and decisions created by administrative agencies of government
voir dire
Administrative law
Writ of certiorari
due proccess clause
29. A basis for federal court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country and citizens of a state of of different states - or (3) citizens of a state and citizens or subjects of a foreign country. The amount
diversity of citizenship
Federal Jurisdiction
American Arbitration Association
Arbitrability
30. 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
Stare Decisis and legal Reasoning
Trade libel
Complaint
31. A condensed written summary or abstract
Eighth Amendment
Courts of law
Venue
Brief
32. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Legal reasoning
dram shop acts
Relevant evidence
33. Ethical or unethical behaviors by employees in the context of their jobs
Trespass to land
In rem jurisdiction
Business Ethics
Third Amendment
34. The body of laws created by legislative statutes
Statutory Law
positivist school
Stages in an A Typical Lawsuit
Probate courts
35. 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
Slander of title
in personam jurisdiction
Justicable controversy
Rebuttal
36. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.
State and Federal Court Systems
Relevant evidence
Principle of rights
Respondent
37. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Question of law
Cyberlaw
Syllogism
Chancellor
38. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
establishment clause
Tenth Amendment
Fifth Amendment
Remedies
39. To confirm priestly authority upon
ordinaces
Federal Rules of Civil Procedure
Precedent
law
40. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Remedies
Federal Rules of Civil Procedure
Business Ethics
diversity of citizenship
41. (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
Bankruptcy courts
Direct examination
Stages in an A Typical Lawsuit
Appellant
42. 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.
Historical school
Administrative agency
Statues of limitation
Motion for judgement on the pleadings
43. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Service of process
Stare Decisis and legal Reasoning
Summary jury trials
Syllogism
44. Set of books containing published court decisions
Principle of rights
Stare Decisis and legal Reasoning
Award
Reporters
45. 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
In rem jurisdiction
Probate courts
Full faith and credit clause
Award
46. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
State level appeal eligibility
When constitutional lawz apply
Eighth Amendment
Mini-trial
47. Right to bear arms
Res ipsa loquitur
Second Amendment
Cross-examination
Counterclaim
48. 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)
Seventh Amendment
Good samaritan statues
State level appeal eligibility
Alleges
49. Propositions or general statements of equitable rules
law
Equitable maxims
Standing to sue
Good samaritan statues
50. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Bill of Rights
Areas of Law that may affect business decision making
Statutory Law
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