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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. 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
Precedent
Answer
Ninth Amendment
Motion for judgement on the pleadings
2. 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
Bill of Rights
uniform laws
When constitutional lawz apply
Federal Jurisdiction
3. The courts that awarded compensation back in English Realm
Chancellor
Courts of law
Jurisdiction
Malpractice
4. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Equitable maxims
Question of law
Default judgement
diversity of citizenship
5. Claims
Legal realism
Binding authority
Assumption of risk
Alleges
6. 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
Absolute bar
Appellant
Venue
7. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
importance of common law
Principle of rights
Absolute bar
8. A defendant's answer or plea denying the truth of the charges against him
Slander of quality
Defense
Pleadings
Disparagement of property
9. Propositions or general statements of equitable rules
State and Federal Court Systems
Common law
Equitable maxims
Opinions
10. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Punitive damages
Cases on point
Exclusive Jurisdiction
importance of common law
11. (law) evidence sufficient to warrant an arrest or search and seizure
Search warrant
Probable cause
Syllogism
Direct examination
12. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Disparagement of property
Categorical imperative
Res ipsa loquitur
Binding authority
13. 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
Origins Of Common Law
Free exercise clause
Answer
Alleges
14. 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
Negotiation
Strict liability
Legal reasoning
Arbitration
15. 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.
voir dire
Tenth Amendment
Commerce clause
importance of common law
16. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Opening statements
Administrative agency
Default judgement
17. Is strict liability hold a claim if the product or service in question is...
jurisprudence
Absolute bar
Statutory Law
abnormally dangerous
18. (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
Stages in an A Typical Lawsuit
Administrative law
Constitutional Law
Slander of title
19. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Areas of Law that may affect business decision making
Police powers
Cyberlaw
20. The body of conventional - or written - law of a particular society at a particular point in time.
positive law
Historical school
Malpractice
Question of law
21. 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
in personam jurisdiction
diversity of citizenship
Trespass to personal property
establishment clause
22. 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
Stare Decisis and legal Reasoning
Direct examination
State and Federal Court Systems
Venue
23. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
importance of common law
State Jurisdiction
Closing argument
Negligence
24. 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
Binding authority
Slander of title
Negligence
Probate courts
25. Specific length of time an individual can sue for injury resulting from negligence
Trespass to personal property
Long arm statue
Rebuttal
Statues of limitation
26. The power to speak the law.
In rem jurisdiction
Jurisdiction
Trespass to personal property
Sociological school
27. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Compensatory damages
Public Policy
Contributory negligence
Business invitees
28. Set of books containing published court decisions
Reporters
Hearsay
Independent regulatory agencies
Defense
29. The act of changing location from one place to another
Motion
Writ of execution
Causation in fact
citation
30. A sum of money paid in compensation for loss or injury
Ethical reasoning
Mini-trial
Damages
Compensatory damages
31. Three remedies known as land - items of value - or money
laches
Public Policy
Civil Law
Remedies of Law
32. A court will award money or other relief to a party injured by a breach of contract
Motion for a new trial
Defense
Motion
Remedies
33. A brief outline of what the defendant and the plaintiff will try to prove.
abnormally dangerous
Arbitration
ordinaces
Opening statements
34. 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.
Comparative negligence
Pleadings
laches
Jurisdiction
35. The party who appeals a decision of a lower court
Appellant
Natural law
Writ of execution
Causation in fact
36. 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
Precedent
Compensatory damages
Chancellor
37. Adj. from the Latin 'against or about a thing -' referring to a lawsuit or other legal action directed toward property - rather than toward a particular person. Thus - if title to property is the issue - the action is 'in rem.' The term is important
In rem jurisdiction
Equal protection clause
Long arm statue
State Jurisdiction
38. The First Amendment guarantee that the government will not create and support an official state church
Motion for a directed verdict
Rebuttal
Second Amendment
establishment clause
39. Economic model that compares the marginal costs and marginal benefits of a decision
Case Precedents and the doctrine of stare decisis
Writ of certiorari
in personam jurisdiction
Cost-benefit analysis
40. 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.
establishment clause
Affirmative defense
Motion for judgement as a matter of law
Analogy
41. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Stare Decisis and legal Reasoning
Pretrial motions
Trespass to land
Complaint
42. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Ninth Amendment
Torts(Wrongs)
Historical school
Arbitration clause
43. A condensed written summary or abstract
Brief
When constitutional lawz apply
Writ of certiorari
Strict product liability
44. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Alternative dispute resolution
law
Natural law
importance of common law
45. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Summons
Arbitration clause
Independent regulatory agencies
46. 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.
Syllogism
Early neutral case evaluation
Proximate cause
abnormally dangerous
47. (law) the initial questioning of a witness by the party that called the witness
Direct examination
Appellee
Full faith and credit clause
Pretrial motions
48. 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
Justicable controversy
Standing to sue
Legal and Equitable Remedies
Alleges
49. Rules governing the admissibility of evidence in trial courts.
Trespass to land
Slander of quality
Motion for judgement as a matter of law
Rules of evidence
50. Enforcable rules governing relationships among individuals and between individuals and thier society.
Federal form of government
dram shop acts
in personam jurisdiction
law