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Business Law Test
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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 question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
in personam jurisdiction
Legal realism
Arbitration clause
2. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Equitable maxims
Opinions
Legal and Equitable Remedies
Cost-benefit analysis
3. Claims
Alleges
Bill of Rights
Full faith and credit clause
State level appeal eligibility
4. Wrongs
Negotiation
Common law
Equal protection clause
Torts(Wrongs)
5. An example that is used to justify similar occurrences at a later time
Precedent
In rem jurisdiction
Statues of limitation
Civil Law
6. 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
Federal Rules of Civil Procedure
Legal reasoning
Summary jury trials
Cyberlaw
7. 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
Counterclaim
fradulent Misrepresentation
Strict liability
Negligence
8. The courts that awarded compensation back in English Realm
Defenses to negligence
Courts of law
Commerce clause
Stages in an A Typical Lawsuit
9. A sum of money paid in compensation for loss or injury
Damages
fradulent Misrepresentation
Disparagement of property
Strict liability
10. 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.
positivist school
When constitutional lawz apply
Reporters
In rem jurisdiction
11. 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.
Tenth Amendment
Online dispute resolution
Justicable controversy
Rebuttal
12. 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
Rule of four
Comparative negligence
Motion
Standing to sue
13. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
due proccess clause
Rules of evidence
Bankruptcy courts
Cyberlaw
14. 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
uniform laws
Criminal law
Motion for a directed verdict
Brief
15. The body of conventional - or written - law of a particular society at a particular point in time.
positive law
Precedent
Bankruptcy courts
State Jurisdiction
16. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Pretrial motions
Award
Answer
Service of process
17. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Question of fact
Sociological school
Commerce clause
18. 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
Cross-examination
Early neutral case evaluation
Negligence
Arbitration
19. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Online dispute resolution
Good samaritan statues
Slander of quality
abnormally dangerous
20. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Mini-trial
Analogy
Complaint
Reporters
21. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Complaint
First Amendment
Cross-examination
citation
22. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Syllogism
Second Amendment
Courts of equity
23. Is strict liability hold a claim if the product or service in question is...
diversity of citizenship
abnormally dangerous
Stages in an A Typical Lawsuit
State and Federal Court Systems
24. 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.
citation
Legal reasoning
Justicable controversy
Pleadings
25. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Probable cause
Good samaritan statues
Alternative dispute resolution
Search warrant
26. Ethical or unethical behaviors by employees in the context of their jobs
Ethical reasoning
Business Ethics
Arbitration clause
Slander of quality
27. Previously decided cases that are as similar as possible to the one under consideration
Summons
diversity of citizenship
Long arm statue
Cases on point
28. Authority shared by both federal and state courts
Rules of evidence
Concurrent Jurisdiction
establishment clause
Res ipsa loquitur
29. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Standing to sue
Disparagement of property
In rem jurisdiction
Fifth Amendment
30. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Causation in fact
abnormally dangerous
Negligence
Comparative negligence
31. 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
Tenth Amendment
Closing argument
Ethical reasoning
Legal and Equitable Remedies
32. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Mini-trial
State level appeal eligibility
Federal Jurisdiction
Police powers
33. A brief outline of what the defendant and the plaintiff will try to prove.
Online dispute resolution
Disparagement of property
Categorical imperative
Opening statements
34. 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.
Affirmative defense
Comparative negligence
Bill of Rights
Writ of certiorari
35. A clause in a contract providing for arbitration of disputes arising under the contract
Independent regulatory agencies
Arbitration clause
Default judgement
Fifth Amendment
36. The act of delivering a writ or summons upon someone
Alternative dispute resolution
breaches
Service of process
State level appeal eligibility
37. The body of laws created by legislative statutes
Alternative dispute resolution
importance of common law
Statutory Law
Punitive damages
38. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Litigation
Motion
Complaint
laches
39. Drawing a comparison in order to show a similarity in some respect
Federal Rules of Civil Procedure
Analogy
Bankruptcy courts
Legal realism
40. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Torts(Wrongs)
Origins Of Common Law
In rem jurisdiction
41. 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.
positive law
dram shop acts
Eighth Amendment
Binding authority
42. Torts committed via the internet
Direct examination
Cyber torts
Eighth Amendment
Rejoinder
43. (law) the initial questioning of a witness by the party that called the witness
Direct examination
American Arbitration Association
due proccess clause
Courts of equity
44. An amendment to the Constitution of the United States guaranteeing the right of free expression
laches
Burden of proof
First Amendment
Compensatory damages
45. A legal proceeding in a court
Litigation
Motion for judgement as a matter of law
Slander of quality
Seventh Amendment
46. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Civil Law
Chancellor
Motion for judgement on the pleadings
47. Right to bear arms
Second Amendment
Negotiation
Equitable maxims
due proccess clause
48. 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
Disparagement of property
diversity of citizenship
Courts of law
49. Jurisdiction based on claims against property
Public Policy
Summons
Administrative law
In rem jurisdiction
50. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
in personam jurisdiction
Areas of Law that may affect business decision making
dram shop acts
Public Policy
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