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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. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Online dispute resolution
Question of fact
Stare Decisis and legal Reasoning
Litigation
2. The principle pleading by the defendant in response to plaintiff's complaint
Answer
Federal Jurisdiction
abnormally dangerous
Long arm statue
3. (law) a pleading made by a defendant in response to the plaintiff's replication
Fourth Amendment
Rejoinder
When constitutional lawz apply
Rule of four
4. Enforcable rules governing relationships among individuals and between individuals and thier society.
Cases on point
Trespass to personal property
law
Stages in an A Typical Lawsuit
5. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Slander of quality
First Amendment
Trade libel
6. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion for judgement as a matter of law
Symbolic speech
Complaint
Contributory negligence
7. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Probable cause
Eighth Amendment
Exclusive Jurisdiction
Full faith and credit clause
8. Law concerned with private wrongs against individuals
positivist school
Ninth Amendment
breaches
Civil Law
9. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Third Amendment
Checks and balances
Remedies
Civil Law
10. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Binding authority
Fifth Amendment
Sociological school
Exclusive Jurisdiction
11. 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
Cases on point
Small Claims courts
Motion for a new trial
12. 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
Fifth Amendment
American Arbitration Association
uniform laws
Causation in fact
13. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Sociological school
Answer
Hearsay
14. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Bill of Rights
Respondent
Jurisdiction
Seventh Amendment
15. To be on the land of another without right or permission of the owner
Ethical reasoning
Cyber torts
Trespass to land
Summary jury trials
16. (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
Second Amendment
Petitioner
Default judgement
Stages in an A Typical Lawsuit
17. The preponderance of evidence which means more likely then not.
Burden of proof
In rem jurisdiction
Stages in an A Typical Lawsuit
Award
18. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
due proccess clause
positive law
Alleges
Closing argument
19. A defendant's answer or plea denying the truth of the charges against him
Remedies of Law
Defenses to negligence
Defense
Rule of four
20. 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
Question of fact
Long arm statue
Privileges and and immunities clause
21. Right to bear arms
Rejoinder
Second Amendment
Public Policy
Negligence
22. 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
Pleadings
Probate courts
Torts(Wrongs)
Search warrant
23. 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.
Proximate cause
Stare Decisis and legal Reasoning
Motion for judgement on the pleadings
Pretrial motions
24. 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.
Standing to sue
Early neutral case evaluation
Fourth Amendment
Search warrant
25. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Privileges and and immunities clause
Arbitrability
Constitutional Law
Federal form of government
26. 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.
Chancellor
Early neutral case evaluation
Affirmative defense
Justicable controversy
27. 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.
Jurisdiction
Motion for judgement as a matter of law
Causation in fact
Relevant evidence
28. 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
Natural law
Cases on point
Ethical reasoning
Search warrant
29. Liability without fault. (Strict product liability)
Corporate social responsibility
Strict liability
Disparagement of property
Federal Rules of Civil Procedure
30. 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
positive law
Case Precedents and the doctrine of stare decisis
voir dire
31. Private proceeding in which each party to a dispute argues its position before the other side - and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement
Mini-trial
Jurisdiction
Business Ethics
positive law
32. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
Question of law
American Arbitration Association
Chancellor
33. Law concerned with public wrongs against society
Criminal law
Probable cause
Equitable maxims
importance of common law
34. Judges must abide by precedents in thier jurisdictions.
Origins Of Common Law
Filtering software
dram shop acts
Case Precedents and the doctrine of stare decisis
35. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Motion for a new trial
Award
Alleges
36. The courts that awarded compensation back in English Realm
Courts of law
Legal realism
Alleges
Torts(Wrongs)
37. To confirm priestly authority upon
Federal form of government
Justicable controversy
ordinaces
Motion for a directed verdict
38. 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
Legal and Equitable Remedies
Ethical reasoning
Independent regulatory agencies
Contributory negligence
39. 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.
Strict liability
Cases on point
Good samaritan statues
Tenth Amendment
40. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Negligence
tilitarinism
Reporters
41. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Natural law
American Arbitration Association
Defenses to negligence
Motion
42. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
ordinaces
Legal realism
Ethical reasoning
Long arm statue
43. A brief outline of what the defendant and the plaintiff will try to prove.
Negotiation
Privileges and and immunities clause
Opening statements
First Amendment
44. 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.
Counterclaim
Justicable controversy
Motion for a new trial
Assumption of risk
45. Courts that handle cases that involve less than $5000
Small Claims courts
Summons
In rem jurisdiction
Analogy
46. Someone who petitions a court for redress of a grievance or recovery of a right
Petitioner
Administrative law
Stages in an A Typical Lawsuit
Administrative agency
47. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Standing to sue
voir dire
Ethical reasoning
Strict liability
48. A school of legal thought that views the law as a tool for promoting justice in society.
Justicable controversy
Probate courts
Sociological school
Question of fact
49. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Strict liability
When constitutional lawz apply
Default judgement
Small Claims courts
50. 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)
Case law
State level appeal eligibility
Commerce clause
Statutory Law