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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 brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Absolute bar
Counterclaim
Syllogism
2. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Malpractice
Answer
positive law
3. 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
Question of law
Precedent
Petitioner
Arbitration
4. 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
Opinions
Motion for judgement on the pleadings
Constitutional Law
Third Amendment
5. 1. employee activity within scope of employment 2. employee is negligent
Remedies of Law
Free exercise clause
Pleadings
Respondent Superior
6. (civil law) a law established by following earlier judicial decisions
Historical school
Case law
Justicable controversy
citation
7. Jurisdiction based on claims against property
Pleadings
Cases on point
In rem jurisdiction
Rule of four
8. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
In rem jurisdiction
Binding authority
Rebuttal
Trespass to personal property
9. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Criminal law
Appellant
Writ of certiorari
Question of fact
10. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Motion for a directed verdict
Long arm statue
State and Federal Court Systems
Damages
11. 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.
Award
citation
ordinaces
dram shop acts
12. Claims
Relevant evidence
Alleges
Federal Rules of Civil Procedure
Standing to sue
13. Relieve you of some liability when reasonable care is used
Opening statements
Equitable maxims
Good samaritan statues
Direct examination
14. Authority shared by both federal and state courts
Principle of rights
uniform laws
Assumption of risk
Concurrent Jurisdiction
15. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Proximate cause
Assumption of risk
When constitutional lawz apply
Alternative dispute resolution
16. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Full faith and credit clause
Service of process
Principle of rights
Cost-benefit analysis
17. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Trade libel
Federal Rules of Civil Procedure
Free exercise clause
Cases on point
18. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Opinions
Federal form of government
Venue
Constitutional Law
19. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
establishment clause
Damages
Default judgement
Res ipsa loquitur
20. 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
ordinaces
diversity of citizenship
Opinions
Precedent
21. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
due proccess clause
tilitarinism
diversity of citizenship
Exclusive Jurisdiction
22. Judges must abide by precedents in thier jurisdictions.
Cyberlaw
Case law
State Jurisdiction
Case Precedents and the doctrine of stare decisis
23. (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
Assumption of risk
Checks and balances
Administrative law
Stages in an A Typical Lawsuit
24. 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
Search warrant
Respondent Superior
laches
Disparagement of property
25. The act of delivering a writ or summons upon someone
Online dispute resolution
due proccess clause
voir dire
Service of process
26. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Summary jury trials
In rem jurisdiction
State and Federal Court Systems
Comparative negligence
27. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
uniform laws
Origins Of Common Law
Stages in an A Typical Lawsuit
Rebuttal
28. The First Amendment guarantee that the government will not create and support an official state church
Good samaritan statues
breaches
Jurisdiction
establishment clause
29. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Compensatory damages
Federal form of government
Opinions
Public Policy
30. 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
Statutory Law
Slander of title
Probate courts
Relevant evidence
31. 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.
Case law
Strict liability
Tenth Amendment
Motion for a directed verdict
32. 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
Fifth Amendment
Motion for a new trial
Hearsay
33. A wrongful act that the actor had no right to do
Remedies
Federal question
breaches
Malpractice
34. 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.
Police powers
Counterclaim
Rule of four
Jurisdiction
35. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
Business invitees
Opinions
Torts(Wrongs)
36. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Defenses to negligence
Common law
Proximate cause
When constitutional lawz apply
37. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Res ipsa loquitur
ordinaces
Punitive damages
dram shop acts
38. 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
Comparative negligence
Syllogism
Federal Jurisdiction
39. 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.
Counterclaim
Legal reasoning
ordinaces
positivist school
40. A clause in a contract providing for arbitration of disputes arising under the contract
Precedent
Free exercise clause
Arbitration clause
Damages
41. (law) a pleading made by a defendant in response to the plaintiff's replication
Probate courts
Closing argument
Rejoinder
Torts(Wrongs)
42. To be on the land of another without right or permission of the owner
Trespass to land
Direct examination
Pretrial motions
Rejoinder
43. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Administrative agency
Motion
Courts of equity
diversity of citizenship
44. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cost-benefit analysis
Cyberlaw
Federal form of government
Ninth Amendment
45. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Constitutional Law
Hearsay
Opinions
Question of fact
46. 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.
Standing to sue
Proximate cause
Punitive damages
establishment clause
47. Highest official of a monarch. Granted new an unique remedies.
Chancellor
Privileges and and immunities clause
Eighth Amendment
Defenses to negligence
48. Rules governing the admissibility of evidence in trial courts.
State and Federal Court Systems
Rules of evidence
Closing argument
Ethical reasoning
49. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Fifth Amendment
Legal realism
State Jurisdiction
Motion for judgement as a matter of law
50. 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
Stare Decisis and legal Reasoning
Courts of law
Legal realism