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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 system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Defenses to negligence
Federal form of government
Litigation
Cost-benefit analysis
2. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Negotiation
Relevant evidence
Chancellor
Trade libel
3. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Legal and Equitable Remedies
Privileges and and immunities clause
Legal realism
Trade libel
4. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Trespass to personal property
Assumption of risk
Res ipsa loquitur
Federal Rules of Civil Procedure
5. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
importance of common law
Syllogism
State level appeal eligibility
Slander of quality
6. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Small Claims courts
Free exercise clause
Categorical imperative
Strict product liability
7. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Negotiation
Courts of equity
In rem jurisdiction
breaches
8. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
importance of common law
fradulent Misrepresentation
due proccess clause
Business invitees
9. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Trespass to personal property
Public Policy
Brief
Trespass to land
10. 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.
citation
Award
Affirmative defense
Motion for a directed verdict
11. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
in personam jurisdiction
Federal form of government
Negotiation
Courts of law
12. The party who appeals a decision of a lower court
Second Amendment
Appellant
Business invitees
Concurrent Jurisdiction
13. 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.
Answer
Binding authority
Statutory Law
Early neutral case evaluation
14. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Rejoinder
Trespass to land
Natural law
Fifth Amendment
15. The First Amendment guarantee that the government will not create and support an official state church
Proximate cause
Privileges and and immunities clause
Cross-examination
establishment clause
16. 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
Privileges and and immunities clause
Sociological school
Burden of proof
fradulent Misrepresentation
17. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Justicable controversy
Origins Of Common Law
positivist school
18. 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
Chancellor
Affirmative defense
Full faith and credit clause
Public Policy
19. 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.
uniform laws
Damages
Trespass to personal property
Tenth Amendment
20. 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
Rule of four
Justicable controversy
Remedies
Natural law
21. 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
Stare Decisis and legal Reasoning
Justicable controversy
voir dire
22. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Criminal law
Arbitration clause
Cases on point
Principle of rights
23. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Eighth Amendment
State Jurisdiction
tilitarinism
Origins Of Common Law
24. To confirm priestly authority upon
Statues of limitation
ordinaces
Strict liability
Case law
25. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Principle of rights
Absolute bar
Counterclaim
Statues of limitation
26. A brief outline of what the defendant and the plaintiff will try to prove.
Defenses to negligence
Opening statements
Res ipsa loquitur
State Jurisdiction
27. The preponderance of evidence which means more likely then not.
Burden of proof
Courts of law
Strict product liability
dram shop acts
28. A sum of money paid in compensation for loss or injury
Exclusive Jurisdiction
Damages
Fifth Amendment
Motion for judgement on the pleadings
29. Enforcable rules governing relationships among individuals and between individuals and thier society.
Causation in fact
Bill of Rights
Probable cause
law
30. A legal proceeding in a court
Eighth Amendment
citation
Alleges
Litigation
31. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Legal realism
Opening statements
Equal protection clause
Punitive damages
32. 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
Opinions
Motion for judgement on the pleadings
Origins Of Common Law
Appellee
33. An order to appear in person at a given place and time
Affirmative defense
Summons
ordinaces
Contributory negligence
34. A major provider of arbitration services
Motion
Fifth Amendment
citation
American Arbitration Association
35. 1. employee activity within scope of employment 2. employee is negligent
Counterclaim
Award
Respondent Superior
Causation in fact
36. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Trespass to personal property
Case law
Criminal law
37. 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
Slander of quality
Third Amendment
uniform laws
Pretrial motions
38. 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
Legal and Equitable Remedies
Concurrent Jurisdiction
Motion for judgement as a matter of law
Equitable maxims
39. (law) evidence sufficient to warrant an arrest or search and seizure
Bankruptcy courts
Analogy
Proximate cause
Probable cause
40. A body of rulings made by judges that become part of a nation's legal system
Common law
jurisprudence
Motion for judgement as a matter of law
Relevant evidence
41. Set of books containing published court decisions
Syllogism
Reporters
Remedies of Law
Criminal law
42. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Fifth Amendment
Pleadings
Absolute bar
43. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
In rem jurisdiction
Standing to sue
Remedies
Hearsay
44. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Cyberlaw
Disparagement of property
Small Claims courts
tilitarinism
45. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Public Policy
Litigation
Federal form of government
Compensatory damages
46. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
jurisprudence
Torts(Wrongs)
Burden of proof
47. 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
positivist school
Appellee
In rem jurisdiction
48. Liability without fault. (Strict product liability)
dram shop acts
Exclusive Jurisdiction
Reporters
Strict liability
49. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Statutory Law
Negotiation
Reporters
Defenses to negligence
50. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Comparative negligence
Fourth Amendment
Closing argument
Award