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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 party against whom legal action is taken; the party against whom a writ of certiorari is sought.






2. To be on the land of another without right or permission of the owner






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






4. An example that is used to justify similar occurrences at a later time






5. Enforcable rules governing relationships among individuals and between individuals and thier society.






6. An amendment to the Constitution of the United States guaranteeing the right of free expression






7. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






8. 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






9. To confirm priestly authority upon






10. Is strict liability hold a claim if the product or service in question is...






11. 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






12. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case






13. 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.






14. Law concerned with public wrongs against society






15. 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.






16. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






17. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs






18. Highest official of a monarch. Granted new an unique remedies.






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






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






21. A reference to or a quotation from an authority






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






23. An order to appear in person at a given place and time






24. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.






25. 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






26. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






27. (law) evidence sufficient to warrant an arrest or search and seizure






28. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






29. A defendant's answer or plea denying the truth of the charges against him






30. Party who defends an appeal






31. 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






32. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






33. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself






34. A brief outline of what the defendant and the plaintiff will try to prove.






35. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






36. A major provider of arbitration services






37. 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.






38. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.






39. 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






40. Rules governing the admissibility of evidence in trial courts.






41. Right to bear arms






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






43. 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






44. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.






45. Wrongs






46. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






47. 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.






48. 1. employee activity within scope of employment 2. employee is negligent






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






50. Protects you from unreasonable search and seizure of your home and property