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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. (law) evidence sufficient to warrant an arrest or search and seizure
Remedies
Police powers
State level appeal eligibility
Probable cause
2. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
law
Privileges and and immunities clause
Federal Jurisdiction
Brief
3. The act of delivering a writ or summons upon someone
dram shop acts
Federal question
Historical school
Service of process
4. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Hearsay
Second Amendment
Jurisdiction
due proccess clause
5. 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.
Common law
fradulent Misrepresentation
Motion for a new trial
Arbitration
6. Law concerned with public wrongs against society
law
Criminal law
Courts of equity
Disparagement of property
7. In a lawsuit - an issue involving the application or interpretation of a law. Only a judge - not a jury - can rule on questions of law.
Second Amendment
Question of law
diversity of citizenship
Trade libel
8. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Writ of execution
Motion for judgement as a matter of law
dram shop acts
Constitutional Law
9. A condensed written summary or abstract
Precedent
Arbitration
Appellee
Brief
10. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Legal realism
Privileges and and immunities clause
fradulent Misrepresentation
Summons
11. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Remedies
laches
Rebuttal
fradulent Misrepresentation
12. (civil law) a law established by following earlier judicial decisions
Affirmative defense
Case law
Filtering software
Res ipsa loquitur
13. A wrongful act that the actor had no right to do
Malpractice
Closing argument
Slander of quality
Administrative law
14. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Areas of Law that may affect business decision making
due proccess clause
Slander of title
Res ipsa loquitur
15. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Case Precedents and the doctrine of stare decisis
Motion for judgement on the pleadings
Negotiation
Long arm statue
16. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Ninth Amendment
Appellant
Equal protection clause
Negotiation
17. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Principle of rights
Venue
Default judgement
Summary jury trials
18. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Disparagement of property
Service of process
Question of fact
Natural law
19. 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
Respondent
Legal and Equitable Remedies
Full faith and credit clause
Motion for judgement on the pleadings
20. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Trespass to land
Early neutral case evaluation
Opinions
21. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
Second Amendment
Commerce clause
Administrative agency
22. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Stare Decisis and legal Reasoning
Administrative agency
Rebuttal
in personam jurisdiction
23. The location where something takes place - esp. a trial
Venue
Sociological school
Equal protection clause
Answer
24. A clause in a contract providing for arbitration of disputes arising under the contract
Courts of equity
Cyber torts
Motion for judgement on the pleadings
Arbitration clause
25. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
American Arbitration Association
Categorical imperative
Opinions
Search warrant
26. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Venue
Exclusive Jurisdiction
Default judgement
tilitarinism
27. 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.
Remedies of Law
Bill of Rights
Proximate cause
diversity of citizenship
28. Three remedies known as land - items of value - or money
Binding authority
Remedies of Law
Independent regulatory agencies
Criminal law
29. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
In rem jurisdiction
Legal realism
law
Comparative negligence
30. Authority shared by both federal and state courts
Concurrent Jurisdiction
Motion for judgement as a matter of law
Administrative law
Torts(Wrongs)
31. Rules governing the admissibility of evidence in trial courts.
Summons
Rules of evidence
Cases on point
Cost-benefit analysis
32. (law) the initial questioning of a witness by the party that called the witness
Direct examination
Affirmative defense
Litigation
Disparagement of property
33. (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
Motion for judgement as a matter of law
Stages in an A Typical Lawsuit
Venue
Courts of equity
34. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Filtering software
Sociological school
positive law
Rule of four
35. In order to bring a lawsuit before a court a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system
Long arm statue
Causation in fact
Criminal law
Standing to sue
36. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Service of process
Proximate cause
Stare Decisis and legal Reasoning
37. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Business invitees
Stare Decisis and legal Reasoning
Principle of rights
Historical school
38. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Respondent Superior
Federal question
Pretrial motions
Criminal law
39. 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
State Jurisdiction
Sociological school
Negligence
Punitive damages
40. (law) the right and power to interpret and apply the law
Sociological school
due proccess clause
Jurisdiction
Standing to sue
41. 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
Res ipsa loquitur
Federal form of government
Sixth Amendment
Motion for judgement on the pleadings
42. Is strict liability hold a claim if the product or service in question is...
law
Precedent
abnormally dangerous
Public Policy
43. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Opening statements
Courts of law
State and Federal Court Systems
Defenses to negligence
44. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Closing argument
Contributory negligence
Brief
When constitutional lawz apply
45. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
in personam jurisdiction
jurisprudence
fradulent Misrepresentation
46. 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
Trade libel
Remedies of Law
Contributory negligence
47. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Rebuttal
Eighth Amendment
positivist school
Origins Of Common Law
48. 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.
Answer
American Arbitration Association
Pleadings
Cross-examination
49. 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.
Business Ethics
Counterclaim
Case Precedents and the doctrine of stare decisis
Binding authority
50. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Eighth Amendment
Online dispute resolution
Jurisdiction
Proximate cause