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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. The rules governing the manner in which civil cases are brough in and progress through the federal courts






2. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






3. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.






4. 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






5. (civil law) a law established by following earlier judicial decisions






6. 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






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






8. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






9. (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






10. 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






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






12. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






13. Liability without fault. (Strict product liability)






14. Judges must abide by precedents in thier jurisdictions.






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






16. Jurisdiction based on claims against property






17. 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






18. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






19. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states






20. A claim filed in opposition to another claim in a legal action






21. 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






22. 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






23. The act of changing location from one place to another






24. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati






25. 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.






26. 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






27. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction






28. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






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






30. 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.






31. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






32. 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.






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






34. A condensed written summary or abstract






35. 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






36. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.






37. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.






38. To confirm priestly authority upon






39. The publication of false information about another's product - alleging that it is not what its seller claims.






40. Courts that handle cases that involve less than $5000






41. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






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






43. Three remedies known as land - items of value - or money






44. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






45. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar






46. The act of delivering a writ or summons upon someone






47. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.






48. Set of books containing published court decisions






49. 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






50. 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.







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Can you answer 50 questions in 15 minutes?


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