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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. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Ninth Amendment
Motion for a new trial
Defenses to negligence
Stare Decisis and legal Reasoning
2. 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
Exclusive Jurisdiction
Administrative law
Filtering software
3. 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.
Disparagement of property
Motion
Contributory negligence
Constitutional Law
4. A question asked to determine what is true or to what extent something is true
Torts(Wrongs)
Tenth Amendment
Question of fact
Malpractice
5. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
breaches
Historical school
Litigation
6. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Free exercise clause
Cross-examination
Motion for judgement as a matter of law
Equal protection clause
7. 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
Closing argument
Federal question
Sociological school
Probate courts
8. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
breaches
Absolute bar
Summary jury trials
Bill of Rights
9. Ethical or unethical behaviors by employees in the context of their jobs
Rule of four
Exclusive Jurisdiction
Causation in fact
Business Ethics
10. The location where something takes place - esp. a trial
Venue
Cost-benefit analysis
Motion for a directed verdict
Federal form of government
11. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Common law
American Arbitration Association
Cost-benefit analysis
Writ of certiorari
12. 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
due proccess clause
Summary jury trials
Small Claims courts
Burden of proof
13. Liability without fault. (Strict product liability)
Early neutral case evaluation
Strict liability
Long arm statue
Causation in fact
14. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Corporate social responsibility
Equal protection clause
positivist school
Federal question
15. 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.
Public Policy
Administrative agency
Police powers
Standing to sue
16. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Appellant
Proximate cause
Compensatory damages
Litigation
17. A sum of money paid in compensation for loss or injury
establishment clause
Relevant evidence
Search warrant
Damages
18. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Motion
Public Policy
Symbolic speech
Justicable controversy
19. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Remedies of Law
Administrative law
Legal realism
Opening statements
20. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Arbitration clause
Independent regulatory agencies
Defense
21. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Second Amendment
Areas of Law that may affect business decision making
Syllogism
Respondent Superior
22. 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
Independent regulatory agencies
Motion for judgement on the pleadings
citation
Brief
23. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Natural law
State Jurisdiction
Filtering software
Police powers
24. (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
Fourth Amendment
Closing argument
Categorical imperative
Stages in an A Typical Lawsuit
25. 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.
Equal protection clause
Early neutral case evaluation
Comparative negligence
State and Federal Court Systems
26. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Question of law
Respondent
Stare Decisis and legal Reasoning
Closing argument
27. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Arbitration
uniform laws
Jurisdiction
Contributory negligence
28. A defendant's answer or plea denying the truth of the charges against him
Service of process
Ninth Amendment
Defense
Federal Rules of Civil Procedure
29. Right to bear arms
Statutory Law
Comparative negligence
Filtering software
Second Amendment
30. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
positivist school
Hearsay
Strict product liability
Legal and Equitable Remedies
31. Authority shared by both federal and state courts
Ethical reasoning
Negligence
Complaint
Concurrent Jurisdiction
32. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Cost-benefit analysis
Remedies of Law
Punitive damages
jurisprudence
33. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
in personam jurisdiction
Fourth Amendment
Federal Jurisdiction
Rules of evidence
34. 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)
State level appeal eligibility
Cost-benefit analysis
Bankruptcy courts
Justicable controversy
35. Specific length of time an individual can sue for injury resulting from negligence
Probate courts
Rule of four
Legal and Equitable Remedies
Statues of limitation
36. 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
Cyberlaw
Compensatory damages
Arbitration
Counterclaim
37. 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
Analogy
Award
Equal protection clause
Legal reasoning
38. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Cyberlaw
Online dispute resolution
Reporters
American Arbitration Association
39. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Default judgement
When constitutional lawz apply
citation
Malpractice
40. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Third Amendment
Civil Law
Bankruptcy courts
Tenth Amendment
41. The party who appeals a decision of a lower court
Appellant
Full faith and credit clause
Privileges and and immunities clause
Res ipsa loquitur
42. 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.
Relevant evidence
Cross-examination
Summary jury trials
Police powers
43. 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
In rem jurisdiction
Standing to sue
Probable cause
44. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.
Second Amendment
Chancellor
Proximate cause
Arbitration
45. The act of delivering a writ or summons upon someone
Service of process
Malpractice
Precedent
Federal form of government
46. Jurisdiction based on claims against property
Respondent Superior
In rem jurisdiction
Default judgement
Negligence
47. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Legal realism
Answer
State Jurisdiction
jurisprudence
48. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
in personam jurisdiction
Brief
Federal question
uniform laws
49. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Counterclaim
Brief
Comparative negligence
Hearsay
50. Previously decided cases that are as similar as possible to the one under consideration
Stare Decisis and legal Reasoning
Justicable controversy
Res ipsa loquitur
Cases on point
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