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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. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






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






3. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






4. A wrongful act that the actor had no right to do






5. Party who defends an appeal






6. 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.






7. Automotic appeal based on procedure/law. appeal cannot be made on a error of fact. Car accident example. procedure - wrong court date. law - issue of law is wrong. U.S. Supreme Court appeal is still possible with permission(write of certerori)






8. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






9. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.






10. 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






11. The preponderance of evidence which means more likely then not.






12. A clause in a contract providing for arbitration of disputes arising under the contract






13. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property






14. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.






15. 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.






16. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






17. A question asked to determine what is true or to what extent something is true






18. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






19. A claim filed in opposition to another claim in a legal action






20. Ethical or unethical behaviors by employees in the context of their jobs






21. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






22. Authority shared by both federal and state courts






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






24. 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






25. 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






26. Set of books containing published court decisions






27. The body of laws created by legislative statutes






28. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






29. Law concerned with private wrongs against individuals






30. 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.






31. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






32. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.






33. Negate the claim of negligence(assumption of risk - superceding intervening clause)






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






35. Law concerned with public wrongs against society






36. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.






37. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.






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






39. 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






40. 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






41. 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.






42. A condensed written summary or abstract






43. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.






44. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case






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






46. 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






47. 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






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






49. 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.






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







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