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Business Law Test

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. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons






2. An act or omission without which an event would not have occurred.






3. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






4. 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.






5. 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.






6. 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






7. 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






8. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






9. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






10. A brief outline of what the defendant and the plaintiff will try to prove.






11. Specific length of time an individual can sue for injury resulting from negligence






12. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






13. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






14. 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






15. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






16. A court will award money or other relief to a party injured by a breach of contract






17. 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






18. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






19. 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






20. 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






21. 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






22. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement






23. (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






24. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






25. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.






26. 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






27. The courts that awarded compensation back in English Realm






28. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder






29. Claims






30. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.






31. A sum of money paid in compensation for loss or injury






32. 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.






33. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






34. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






35. 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






36. Jurisdiction based on claims against property






37. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court






38. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs






39. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)






40. 1. employee activity within scope of employment 2. employee is negligent






41. Torts committed via the internet






42. Authority shared by both federal and state courts






43. 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.






44. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






45. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.






46. 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.






47. Right to bear arms






48. A question asked to determine what is true or to what extent something is true






49. An amendment to the Constitution of the United States guaranteeing the right of free expression






50. 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