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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) evidence sufficient to warrant an arrest or search and seizure
Probable cause
Rule of four
Federal form of government
Pretrial motions
2. 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.
Business invitees
Pleadings
Good samaritan statues
Precedent
3. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Question of law
Full faith and credit clause
Strict liability
When constitutional lawz apply
4. The body of laws created by legislative statutes
Relevant evidence
Rule of four
Bankruptcy courts
Statutory Law
5. 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
Ninth Amendment
Relevant evidence
Equitable maxims
Motion for judgement on the pleadings
6. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Motion for judgement on the pleadings
Small Claims courts
Hearsay
Trespass to personal property
7. 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
Pleadings
Cyberlaw
Legal reasoning
law
8. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Litigation
Venue
diversity of citizenship
Long arm statue
9. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Remedies
Motion for judgement on the pleadings
Disparagement of property
importance of common law
10. Law concerned with public wrongs against society
Commerce clause
Origins Of Common Law
Criminal law
Federal Rules of Civil Procedure
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
Stare Decisis and legal Reasoning
Question of fact
Probable cause
Stages in an A Typical Lawsuit
12. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Arbitrability
Motion for judgement as a matter of law
Motion for a directed verdict
Federal question
13. Someone who petitions a court for redress of a grievance or recovery of a right
Natural law
Analogy
Federal form of government
Petitioner
14. A brief outline of what the defendant and the plaintiff will try to prove.
Counterclaim
Opening statements
In rem jurisdiction
ordinaces
15. Drawing a comparison in order to show a similarity in some respect
Counterclaim
Malpractice
Early neutral case evaluation
Analogy
16. The preponderance of evidence which means more likely then not.
Administrative agency
Alleges
Burden of proof
uniform laws
17. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Stages in an A Typical Lawsuit
Remedies
Disparagement of property
18. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Criminal law
Negligence
Early neutral case evaluation
Probable cause
19. Torts committed via the internet
Symbolic speech
Equitable maxims
Petitioner
Cyber torts
20. Need a set of laws so that commerce is possible; can't have different laws in every state for business. Uniform Commercial Code. Uniform Partnernship Act. Most states adopt them but not in the exact same form
uniform laws
Business invitees
Damages
Privileges and and immunities clause
21. The body of conventional - or written - law of a particular society at a particular point in time.
Analogy
Principle of rights
positive law
Opening statements
22. 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.
Police powers
Disparagement of property
Default judgement
Causation in fact
23. 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
Equitable maxims
Categorical imperative
Opening statements
Trespass to land
24. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Comparative negligence
Federal question
Respondent
25. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
Writ of certiorari
Negotiation
Bankruptcy courts
26. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Petitioner
Remedies
Privileges and and immunities clause
Cases on point
27. Party who defends an appeal
Appellee
In rem jurisdiction
Respondent Superior
Checks and balances
28. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Fifth Amendment
Probable cause
Res ipsa loquitur
Free exercise clause
29. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Cases on point
Arbitration clause
Negotiation
Appellant
30. 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
Police powers
laches
Contributory negligence
In rem jurisdiction
31. 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.
Motion for judgement on the pleadings
Defenses to negligence
Sociological school
Police powers
32. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Sixth Amendment
Civil Law
Precedent
Comparative negligence
33. 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.
Strict liability
Rebuttal
Filtering software
Disparagement of property
34. Jurisdiction based on claims against property
Origins Of Common Law
Cross-examination
Rebuttal
In rem jurisdiction
35. The First Amendment guarantee that the government will not create and support an official state church
Comparative negligence
Default judgement
establishment clause
Negotiation
36. Is strict liability hold a claim if the product or service in question is...
Comparative negligence
abnormally dangerous
Slander of title
Damages
37. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
When constitutional lawz apply
Seventh Amendment
Legal and Equitable Remedies
Opinions
38. On the premises fr the potential financial benefit of the occupier
Business invitees
Question of law
citation
Cost-benefit analysis
39. 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.
positivist school
Mini-trial
Strict product liability
Respondent
40. A claim filed in opposition to another claim in a legal action
Courts of law
Counterclaim
Constitutional Law
Business invitees
41. An example that is used to justify similar occurrences at a later time
Defense
Precedent
Federal Rules of Civil Procedure
Sixth Amendment
42. An amendment to the Constitution of the United States guaranteeing the right of free expression
Syllogism
Writ of certiorari
positive law
First Amendment
43. Previously decided cases that are as similar as possible to the one under consideration
Cases on point
Independent regulatory agencies
Negligence
Federal form of government
44. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Slander of title
Ethical reasoning
Cases on point
Checks and balances
45. 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
fradulent Misrepresentation
Negligence
uniform laws
Slander of title
46. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Rule of four
Comparative negligence
Bill of Rights
Federal Rules of Civil Procedure
47. 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
Defenses to negligence
Justicable controversy
Summary jury trials
Opinions
48. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Case law
Absolute bar
Strict liability
Summary jury trials
49. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Filtering software
Bankruptcy courts
Fifth Amendment
Negligence
50. Claims
Slander of quality
Alleges
Probate courts
Counterclaim