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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. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Complaint
Summons
Answer
dram shop acts
2. An act or omission without which an event would not have occurred.
Causation in fact
Cases on point
Business Ethics
Question of fact
3. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Summons
Business invitees
Statues of limitation
Federal Jurisdiction
4. 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.
Question of fact
Police powers
Proximate cause
Strict product liability
5. 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.
Mini-trial
Slander of title
ordinaces
Defenses to negligence
6. The reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case
Legal reasoning
Arbitrability
Search warrant
Police powers
7. 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
Standing to sue
Jurisdiction
Question of fact
Brief
8. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Business invitees
Punitive damages
Constitutional Law
Standing to sue
9. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Justicable controversy
tilitarinism
Respondent
Tenth Amendment
10. A brief outline of what the defendant and the plaintiff will try to prove.
Closing argument
Opening statements
Malpractice
citation
11. Specific length of time an individual can sue for injury resulting from negligence
Counterclaim
Statues of limitation
Award
Fifth Amendment
12. 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
Chancellor
voir dire
Cross-examination
13. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Strict product liability
Direct examination
Slander of title
Independent regulatory agencies
14. 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
diversity of citizenship
Brief
Contributory negligence
Checks and balances
15. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Slander of quality
Reporters
Ethical reasoning
Stages in an A Typical Lawsuit
16. A court will award money or other relief to a party injured by a breach of contract
Remedies
diversity of citizenship
Burden of proof
Trespass to land
17. 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
Arbitrability
Probate courts
diversity of citizenship
Long arm statue
18. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
dram shop acts
Appellant
Contributory negligence
Equal protection clause
19. 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
Petitioner
Constitutional Law
Full faith and credit clause
Binding authority
20. 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
Negligence
Motion for judgement on the pleadings
Strict product liability
Concurrent Jurisdiction
21. 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
Federal question
Arbitration
In rem jurisdiction
Small Claims courts
22. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Causation in fact
Trespass to personal property
Hearsay
Writ of execution
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
Stages in an A Typical Lawsuit
Courts of equity
Filtering software
jurisprudence
24. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
State Jurisdiction
jurisprudence
Areas of Law that may affect business decision making
Legal and Equitable Remedies
25. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Analogy
Ninth Amendment
Federal Jurisdiction
Courts of equity
26. 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
Categorical imperative
Analogy
Writ of execution
Motion for a new trial
27. The courts that awarded compensation back in English Realm
Res ipsa loquitur
Rejoinder
Federal Jurisdiction
Courts of law
28. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
due proccess clause
Rebuttal
Equal protection clause
Business Ethics
29. Claims
Business invitees
Alleges
positivist school
Rules of evidence
30. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Negotiation
Probate courts
Bill of Rights
Eighth Amendment
31. A sum of money paid in compensation for loss or injury
Statues of limitation
Damages
Natural law
Probable cause
32. 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.
State Jurisdiction
Early neutral case evaluation
Ninth Amendment
Standing to sue
33. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Reporters
law
due proccess clause
jurisprudence
34. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
Categorical imperative
State level appeal eligibility
Probate courts
35. 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
State and Federal Court Systems
Checks and balances
Comparative negligence
Arbitration clause
36. Jurisdiction based on claims against property
Commerce clause
In rem jurisdiction
Trespass to personal property
Civil Law
37. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
First Amendment
positivist school
Alternative dispute resolution
Respondent Superior
38. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Brief
Legal realism
Slander of quality
uniform laws
39. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
In rem jurisdiction
Motion for a new trial
Default judgement
When constitutional lawz apply
40. 1. employee activity within scope of employment 2. employee is negligent
Hearsay
Case law
Respondent Superior
Petitioner
41. Torts committed via the internet
State and Federal Court Systems
Criminal law
Origins Of Common Law
Cyber torts
42. Authority shared by both federal and state courts
Concurrent Jurisdiction
Remedies of Law
Negotiation
Summary jury trials
43. 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.
Binding authority
Punitive damages
Motion for judgement on the pleadings
diversity of citizenship
44. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Assumption of risk
Free exercise clause
Brief
Trade libel
45. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Motion for a directed verdict
Standing to sue
Symbolic speech
Independent regulatory agencies
46. 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.
Rejoinder
Slander of title
positivist school
Categorical imperative
47. Right to bear arms
Second Amendment
Jurisdiction
citation
Punitive damages
48. A question asked to determine what is true or to what extent something is true
Damages
Legal reasoning
Question of fact
Civil Law
49. An amendment to the Constitution of the United States guaranteeing the right of free expression
Fourth Amendment
Natural law
First Amendment
Opinions
50. 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
Motion for judgement on the pleadings
Motion
Rejoinder
Stages in an A Typical Lawsuit