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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. 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
Long arm statue
voir dire
Historical school
Legal and Equitable Remedies
2. A clause in a contract providing for arbitration of disputes arising under the contract
Compensatory damages
Independent regulatory agencies
American Arbitration Association
Arbitration clause
3. To be on the land of another without right or permission of the owner
Motion for a directed verdict
Filtering software
Pretrial motions
Trespass to land
4. A court will award money or other relief to a party injured by a breach of contract
Precedent
jurisprudence
Motion
Remedies
5. Propositions or general statements of equitable rules
Equitable maxims
Rejoinder
importance of common law
Common law
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
Jurisdiction
Mini-trial
Legal reasoning
Search warrant
7. 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
Search warrant
establishment clause
Jurisdiction
8. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Default judgement
Bankruptcy courts
In rem jurisdiction
Third Amendment
9. 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
Business invitees
fradulent Misrepresentation
diversity of citizenship
abnormally dangerous
10. A brief outline of what the defendant and the plaintiff will try to prove.
Rejoinder
Award
Statutory Law
Opening statements
11. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Strict liability
Complaint
Jurisdiction
Common law
12. Is strict liability hold a claim if the product or service in question is...
Case law
Administrative agency
Question of fact
abnormally dangerous
13. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England
State level appeal eligibility
Origins Of Common Law
abnormally dangerous
Categorical imperative
14. A question asked to determine what is true or to what extent something is true
Public Policy
Rebuttal
Question of fact
Filtering software
15. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Fifth Amendment
Long arm statue
Cost-benefit analysis
Binding authority
16. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Fourth Amendment
Tenth Amendment
uniform laws
dram shop acts
17. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
due proccess clause
Standing to sue
Appellee
18. 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.
Torts(Wrongs)
Question of law
citation
Ethical reasoning
19. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Service of process
Federal Rules of Civil Procedure
Assumption of risk
Federal form of government
20. Set of books containing published court decisions
establishment clause
Reporters
Stages in an A Typical Lawsuit
Legal and Equitable Remedies
21. Previously decided cases that are as similar as possible to the one under consideration
Trespass to personal property
diversity of citizenship
Cases on point
Syllogism
22. The principle pleading by the defendant in response to plaintiff's complaint
State and Federal Court Systems
Litigation
Bill of Rights
Answer
23. The party who appeals a decision of a lower court
Appellant
Question of law
Opinions
Appellee
24. To confirm priestly authority upon
Rejoinder
Civil Law
ordinaces
importance of common law
25. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Bankruptcy courts
Question of fact
Long arm statue
26. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
law
Federal Jurisdiction
Areas of Law that may affect business decision making
27. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Case Precedents and the doctrine of stare decisis
Eighth Amendment
Commerce clause
Tenth Amendment
28. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
ordinaces
Corporate social responsibility
establishment clause
Stare Decisis and legal Reasoning
29. 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.
Federal Rules of Civil Procedure
importance of common law
Precedent
positivist school
30. 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.
Malpractice
Trespass to personal property
Concurrent Jurisdiction
Standing to sue
31. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
American Arbitration Association
Federal question
Affirmative defense
Independent regulatory agencies
32. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Strict liability
Rule of four
establishment clause
33. A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Good samaritan statues
diversity of citizenship
Federal form of government
Cost-benefit analysis
34. 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
Negotiation
Justicable controversy
establishment clause
Assumption of risk
35. The act of delivering a writ or summons upon someone
Federal Jurisdiction
Service of process
Opinions
Filtering software
36. A reference to or a quotation from an authority
citation
Business invitees
Fourth Amendment
Trespass to land
37. 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
Reporters
Ethical reasoning
Rejoinder
Full faith and credit clause
38. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Relevant evidence
Cyber torts
Public Policy
In rem jurisdiction
39. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Tenth Amendment
Trespass to land
Strict product liability
Equal protection clause
40. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Torts(Wrongs)
Petitioner
Legal realism
Defenses to negligence
41. 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.
Sociological school
Rule of four
in personam jurisdiction
Tenth Amendment
42. 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
Legal realism
Standing to sue
Burden of proof
Opinions
43. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Contributory negligence
Respondent Superior
Federal form of government
44. A legal proceeding in a court
Analogy
voir dire
Closing argument
Litigation
45. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Federal Jurisdiction
Bankruptcy courts
Areas of Law that may affect business decision making
Writ of certiorari
46. 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
Causation in fact
State and Federal Court Systems
Second Amendment
Case law
47. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
law
Third Amendment
Brief
When constitutional lawz apply
48. 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
Stages in an A Typical Lawsuit
Strict product liability
Free exercise clause
49. Liability without fault. (Strict product liability)
Police powers
Pleadings
Strict liability
Natural law
50. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Stare Decisis and legal Reasoning
law
Motion for judgement as a matter of law