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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. 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
Petitioner
Legal and Equitable Remedies
Case law
Standing to sue
2. A sum of money paid in compensation for loss or injury
Cases on point
Strict product liability
Damages
Affirmative defense
3. The body of conventional - or written - law of a particular society at a particular point in time.
Cyberlaw
Courts of equity
positive law
Burden of proof
4. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Exclusive Jurisdiction
Courts of law
Alternative dispute resolution
Precedent
5. Negate the claim of negligence(assumption of risk - superceding intervening clause)
dram shop acts
Absolute bar
Motion
Civil Law
6. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
establishment clause
Criminal law
Bankruptcy courts
Analogy
7. A wrongful act that the actor had no right to do
Sixth Amendment
Legal reasoning
Malpractice
Bill of Rights
8. 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
Slander of title
Analogy
Litigation
9. A clause in a contract providing for arbitration of disputes arising under the contract
dram shop acts
Federal form of government
Counterclaim
Arbitration clause
10. Right to bear arms
Second Amendment
jurisprudence
Summons
Jurisdiction
11. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Civil Law
Trade libel
When constitutional lawz apply
Appellant
12. Enforcable rules governing relationships among individuals and between individuals and thier society.
Seventh Amendment
law
uniform laws
laches
13. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Independent regulatory agencies
Federal question
Punitive damages
Jurisdiction
14. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
Writ of execution
Trespass to land
Opening statements
15. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Federal Jurisdiction
Writ of certiorari
Criminal law
Malpractice
16. 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
Legal reasoning
Appellant
Independent regulatory agencies
Alleges
17. The party who appeals a decision of a lower court
Appellant
State level appeal eligibility
Motion for judgement as a matter of law
Jurisdiction
18. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Small Claims courts
Burden of proof
Legal realism
Remedies
19. 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
Analogy
Search warrant
uniform laws
voir dire
20. (law) the right and power to interpret and apply the law
Comparative negligence
Search warrant
Question of fact
Jurisdiction
21. 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
breaches
Closing argument
22. The courts that awarded compensation back in English Realm
Concurrent Jurisdiction
Legal realism
Second Amendment
Courts of law
23. 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
importance of common law
Ethical reasoning
Federal question
Justicable controversy
24. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Online dispute resolution
Litigation
Question of fact
Cyber torts
25. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Probate courts
Natural law
Pleadings
uniform laws
26. The clause in the Constitution (Article I - Section 8 - Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Commerce clause
Compensatory damages
Probate courts
Appellee
27. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Long arm statue
Bill of Rights
State level appeal eligibility
Absolute bar
28. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
State level appeal eligibility
Concurrent Jurisdiction
Administrative law
29. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Mini-trial
Slander of quality
Corporate social responsibility
30. 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
Question of fact
Relevant evidence
Trespass to personal property
Negligence
31. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Arbitration
Service of process
Default judgement
abnormally dangerous
32. An order to appear in person at a given place and time
Trespass to personal property
Complaint
Trade libel
Summons
33. A defendant's answer or plea denying the truth of the charges against him
Malpractice
American Arbitration Association
Tenth Amendment
Defense
34. 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
Motion for judgement on the pleadings
Causation in fact
Second Amendment
State and Federal Court Systems
35. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
First Amendment
Ninth Amendment
Checks and balances
Compensatory damages
36. 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.
Probable cause
Administrative agency
Rules of evidence
Cases on point
37. 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
Motion for judgement on the pleadings
Exclusive Jurisdiction
Civil Law
fradulent Misrepresentation
38. 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.
positivist school
Early neutral case evaluation
Stages in an A Typical Lawsuit
Historical school
39. A condensed written summary or abstract
Summary jury trials
Legal reasoning
Brief
Case law
40. 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.
Filtering software
Principle of rights
Slander of title
Pleadings
41. (law) evidence sufficient to warrant an arrest or search and seizure
Good samaritan statues
American Arbitration Association
Probable cause
Standing to sue
42. The act of delivering a writ or summons upon someone
Bill of Rights
Ethical reasoning
Service of process
American Arbitration Association
43. The body of laws created by legislative statutes
Justicable controversy
Alternative dispute resolution
Arbitrability
Statutory Law
44. (civil law) a law established by following earlier judicial decisions
Case law
Award
Defense
Binding authority
45. 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
Jurisdiction
Res ipsa loquitur
Origins Of Common Law
Tenth Amendment
46. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Motion for a directed verdict
Federal form of government
in personam jurisdiction
Courts of equity
47. A school of legal thought that views the law as a tool for promoting justice in society.
Closing argument
Courts of equity
breaches
Sociological school
48. The act of changing location from one place to another
Motion
Federal form of government
Jurisdiction
ordinaces
49. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Principle of rights
First Amendment
Federal Jurisdiction
Defense
50. 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
Filtering software
positive law
Criminal law