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Test your basic knowledge |
Business Law Test
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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. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Hearsay
Eighth Amendment
Legal reasoning
dram shop acts
2. An act or omission without which an event would not have occurred.
dram shop acts
Bankruptcy courts
Writ of certiorari
Causation in fact
3. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Closing argument
Probable cause
Defenses to negligence
Petitioner
4. 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.
Summary jury trials
Pleadings
Precedent
Question of law
5. Party who defends an appeal
Tenth Amendment
Stages in an A Typical Lawsuit
Appellee
Corporate social responsibility
6. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Eighth Amendment
Bill of Rights
Res ipsa loquitur
Federal Rules of Civil Procedure
7. (law) the right and power to interpret and apply the law
positive law
Free exercise clause
Jurisdiction
Petitioner
8. A body of rulings made by judges that become part of a nation's legal system
Concurrent Jurisdiction
Justicable controversy
Common law
Arbitration clause
9. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Constitutional Law
Petitioner
Negotiation
Cyberlaw
10. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Petitioner
Symbolic speech
Negotiation
Probable cause
11. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Sociological school
Direct examination
Award
12. Propositions or general statements of equitable rules
Equitable maxims
Symbolic speech
Analogy
Legal realism
13. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.
Privileges and and immunities clause
Bankruptcy courts
Slander of title
Counterclaim
14. 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.
Alternative dispute resolution
Causation in fact
Tenth Amendment
Sixth Amendment
15. Specific length of time an individual can sue for injury resulting from negligence
Cross-examination
Arbitrability
Statues of limitation
Reporters
16. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Filtering software
Ethical reasoning
Closing argument
Malpractice
17. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Rules of evidence
Opinions
Motion
18. On the premises fr the potential financial benefit of the occupier
positivist school
Torts(Wrongs)
Business invitees
Fifth Amendment
19. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Online dispute resolution
Petitioner
Complaint
Ninth Amendment
20. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Equitable maxims
Petitioner
Probate courts
Strict product liability
21. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Defenses to negligence
Legal and Equitable Remedies
Ethical reasoning
tilitarinism
22. 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
Punitive damages
Arbitrability
First Amendment
Chancellor
23. The publication of false information about another's product - alleging that it is not what its seller claims.
American Arbitration Association
Civil Law
Slander of quality
Business Ethics
24. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Counterclaim
Small Claims courts
Respondent Superior
Summary jury trials
25. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Negligence
Federal form of government
Good samaritan statues
Full faith and credit clause
26. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Cost-benefit analysis
Proximate cause
Default judgement
Eighth Amendment
27. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Assumption of risk
Corporate social responsibility
breaches
Strict product liability
28. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Venue
Syllogism
Federal form of government
29. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
in personam jurisdiction
Damages
Precedent
Sixth Amendment
30. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Burden of proof
Compensatory damages
Question of law
Categorical imperative
31. The body of rules and regulations and orders and decisions created by administrative agencies of government
Direct examination
Administrative law
Exclusive Jurisdiction
positive law
32. 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.
Equitable maxims
Common law
Commerce clause
dram shop acts
33. The location where something takes place - esp. a trial
Venue
Cross-examination
Absolute bar
Litigation
34. 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.
Appellee
positivist school
Absolute bar
Courts of law
35. A legal proceeding in a court
Litigation
Assumption of risk
Trade libel
Statues of limitation
36. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Malpractice
Negligence
Closing argument
Statutory Law
37. A reference to or a quotation from an authority
Fifth Amendment
Cost-benefit analysis
Cyberlaw
citation
38. Liability without fault. (Strict product liability)
Jurisdiction
Strict liability
Appellee
Defenses to negligence
39. The act of changing location from one place to another
Motion
Appellee
Principle of rights
Answer
40. 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.
Search warrant
Negligence
Police powers
Relevant evidence
41. 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
Seventh Amendment
Pleadings
Compensatory damages
42. The First Amendment guarantee that the government will not create and support an official state church
breaches
Standing to sue
Alleges
establishment clause
43. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Res ipsa loquitur
Mini-trial
Criminal law
Absolute bar
44. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Sixth Amendment
Opinions
Damages
Case law
45. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Online dispute resolution
Bill of Rights
Probate courts
Proximate cause
46. Set of books containing published court decisions
Reporters
Courts of equity
Complaint
Fifth Amendment
47. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Exclusive Jurisdiction
Comparative negligence
Default judgement
Affirmative defense
48. (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
Sociological school
Award
Chancellor
49. The principle pleading by the defendant in response to plaintiff's complaint
Answer
Complaint
Closing argument
abnormally dangerous
50. 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
Statues of limitation
Opinions
ordinaces
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