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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. 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.
Small Claims courts
Motion
Legal and Equitable Remedies
Filtering software
2. 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.
Reporters
Remedies
Question of law
Compensatory damages
3. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Eighth Amendment
dram shop acts
Ethical reasoning
Rebuttal
4. A question asked to determine what is true or to what extent something is true
Question of fact
Justicable controversy
Service of process
Strict product liability
5. A wrongful act that the actor had no right to do
Malpractice
Administrative law
Closing argument
Negotiation
6. A major provider of arbitration services
American Arbitration Association
Contributory negligence
Rebuttal
Direct examination
7. An order to appear in person at a given place and time
Search warrant
Independent regulatory agencies
Jurisdiction
Summons
8. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Trade libel
Venue
Litigation
in personam jurisdiction
9. 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)
Causation in fact
Checks and balances
Pleadings
State level appeal eligibility
10. Protects you from unreasonable search and seizure of your home and property
Strict liability
Concurrent Jurisdiction
Fourth Amendment
laches
11. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Disparagement of property
Areas of Law that may affect business decision making
Cyber torts
Ninth Amendment
12. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Criminal law
Opinions
First Amendment
Full faith and credit clause
13. 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
Alternative dispute resolution
Natural law
Corporate social responsibility
Fifth Amendment
14. The act of changing location from one place to another
Motion for a new trial
Question of fact
Motion
Areas of Law that may affect business decision making
15. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Remedies
Cyber torts
Free exercise clause
abnormally dangerous
16. 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
In rem jurisdiction
diversity of citizenship
Legal reasoning
Damages
17. 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.
citation
Early neutral case evaluation
Filtering software
Courts of equity
18. A brief outline of what the defendant and the plaintiff will try to prove.
Seventh Amendment
Opening statements
Appellant
Rule of four
19. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
voir dire
Bill of Rights
Trade libel
Historical school
20. Previously decided cases that are as similar as possible to the one under consideration
Rejoinder
uniform laws
Tenth Amendment
Cases on point
21. 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.
Motion for a new trial
Remedies
dram shop acts
Commerce clause
22. 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
Good samaritan statues
Probate courts
Filtering software
Defense
23. 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.
Motion for a new trial
Business invitees
Slander of title
Legal reasoning
24. 1. employee activity within scope of employment 2. employee is negligent
Proximate cause
Binding authority
Respondent Superior
Bankruptcy courts
25. 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.
Strict liability
Pleadings
Free exercise clause
Police powers
26. To confirm priestly authority upon
Areas of Law that may affect business decision making
ordinaces
Historical school
Motion for judgement as a matter of law
27. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Business Ethics
Appellant
Rules of evidence
28. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Equitable maxims
Online dispute resolution
State Jurisdiction
Cases on point
29. The act of delivering a writ or summons upon someone
Cost-benefit analysis
Rejoinder
Administrative agency
Service of process
30. 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
Trespass to personal property
Petitioner
Standing to sue
Fourth Amendment
31. 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
Full faith and credit clause
Probable cause
Civil Law
Constitutional Law
32. Relieve you of some liability when reasonable care is used
Good samaritan statues
positivist school
Negotiation
law
33. 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
In rem jurisdiction
Strict product liability
American Arbitration Association
34. The preponderance of evidence which means more likely then not.
Burden of proof
Negligence
Good samaritan statues
In rem jurisdiction
35. 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
Concurrent Jurisdiction
In rem jurisdiction
Equitable maxims
Good samaritan statues
36. Someone who petitions a court for redress of a grievance or recovery of a right
Petitioner
Administrative agency
Negotiation
Privileges and and immunities clause
37. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
Analogy
Relevant evidence
Binding authority
38. 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.
law
In rem jurisdiction
Tenth Amendment
Principle of rights
39. Drawing a comparison in order to show a similarity in some respect
Opinions
Venue
Slander of quality
Analogy
40. The party who appeals a decision of a lower court
Appellant
Symbolic speech
Arbitration clause
Brief
41. 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.
First Amendment
Sixth Amendment
Question of law
Question of fact
42. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Defenses to negligence
Standing to sue
State and Federal Court Systems
laches
43. (law) the right and power to interpret and apply the law
Privileges and and immunities clause
Syllogism
Respondent Superior
Jurisdiction
44. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Business Ethics
State Jurisdiction
Opening statements
Probate courts
45. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
establishment clause
Standing to sue
Sixth Amendment
Principle of rights
46. (law) a pleading made by a defendant in response to the plaintiff's replication
Opinions
Rejoinder
Litigation
Seventh Amendment
47. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
fradulent Misrepresentation
Writ of certiorari
Hearsay
Brief
48. 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
Ninth Amendment
Federal form of government
Eighth Amendment
Strict liability
49. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Bill of Rights
Fifth Amendment
Chancellor
Appellant
50. 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
Precedent
uniform laws
Corporate social responsibility