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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. Authority shared by both federal and state courts
Complaint
Cross-examination
Concurrent Jurisdiction
Respondent
2. The clause in the Constitution (Article I - Section 8 - Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Commerce clause
Rebuttal
Trespass to land
In rem jurisdiction
3. The party who appeals a decision of a lower court
breaches
Appellant
Administrative law
Writ of certiorari
4. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Relevant evidence
Affirmative defense
Areas of Law that may affect business decision making
5. Highest official of a monarch. Granted new an unique remedies.
Administrative law
Motion for judgement on the pleadings
Chancellor
Alternative dispute resolution
6. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Bill of Rights
Checks and balances
Administrative agency
Disparagement of property
7. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Long arm statue
Negotiation
Award
Eighth Amendment
8. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Business Ethics
Complaint
Slander of title
American Arbitration Association
9. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Default judgement
Alleges
Natural law
Complaint
10. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Respondent
Sixth Amendment
Arbitration
Complaint
11. Enforcable rules governing relationships among individuals and between individuals and thier society.
law
Fourth Amendment
Ethical reasoning
Trade libel
12. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Negligence
Federal Jurisdiction
Rule of four
Litigation
13. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Third Amendment
Police powers
Appellant
14. Previously decided cases that are as similar as possible to the one under consideration
Principle of rights
Binding authority
Seventh Amendment
Cases on point
15. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Disparagement of property
Exclusive Jurisdiction
In rem jurisdiction
Police powers
16. A condensed written summary or abstract
Brief
Sociological school
Independent regulatory agencies
Rule of four
17. Judges must abide by precedents in thier jurisdictions.
Rule of four
Case Precedents and the doctrine of stare decisis
Rebuttal
Strict product liability
18. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Summons
fradulent Misrepresentation
Common law
19. A reference to or a quotation from an authority
Long arm statue
Trade libel
Cyber torts
citation
20. 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
Courts of law
Legal realism
Standing to sue
Chancellor
21. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Cross-examination
due proccess clause
Petitioner
Fourth Amendment
22. A major provider of arbitration services
Police powers
Rule of four
American Arbitration Association
Mini-trial
23. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Absolute bar
Arbitration clause
Venue
24. 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.
Strict liability
Comparative negligence
Legal reasoning
Award
25. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Respondent Superior
State level appeal eligibility
Federal Rules of Civil Procedure
laches
26. Someone who petitions a court for redress of a grievance or recovery of a right
Checks and balances
In rem jurisdiction
Summary jury trials
Petitioner
27. The preponderance of evidence which means more likely then not.
Pleadings
Burden of proof
Disparagement of property
Justicable controversy
28. 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
due proccess clause
Petitioner
Writ of certiorari
Arbitrability
29. 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.
Principle of rights
Question of law
Award
Chancellor
30. A sum of money paid in compensation for loss or injury
Damages
Hearsay
Slander of quality
Constitutional Law
31. Economic model that compares the marginal costs and marginal benefits of a decision
Motion
Cost-benefit analysis
Trespass to personal property
Motion for judgement on the pleadings
32. 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.
Trespass to land
positivist school
Small Claims courts
Answer
33. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or
Federal Jurisdiction
Writ of execution
Stages in an A Typical Lawsuit
Fifth Amendment
34. 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
Burden of proof
Motion for judgement on the pleadings
Rules of evidence
Trade libel
35. A claim filed in opposition to another claim in a legal action
Counterclaim
fradulent Misrepresentation
Res ipsa loquitur
Motion for a directed verdict
36. 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.
Small Claims courts
Administrative agency
Motion for a directed verdict
positive law
37. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Federal form of government
Trade libel
Jurisdiction
38. The First Amendment guarantee that the government will not create and support an official state church
Respondent
Strict product liability
establishment clause
Constitutional Law
39. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Federal form of government
positivist school
Summons
importance of common law
40. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Summary jury trials
Cost-benefit analysis
jurisprudence
citation
41. 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
Justicable controversy
State and Federal Court Systems
Defense
First Amendment
42. Drawing a comparison in order to show a similarity in some respect
Mini-trial
Analogy
Chancellor
Burden of proof
43. Set of books containing published court decisions
Third Amendment
Pleadings
Reporters
Assumption of risk
44. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Ethical reasoning
positive law
Free exercise clause
Writ of certiorari
45. 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.
Courts of equity
Opening statements
Tenth Amendment
citation
46. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Motion for a directed verdict
Equal protection clause
Probable cause
Summary jury trials
47. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Full faith and credit clause
State Jurisdiction
Arbitrability
Federal form of government
48. 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
diversity of citizenship
Pleadings
Alternative dispute resolution
Police powers
49. Torts committed via the internet
Historical school
State Jurisdiction
Appellant
Cyber torts
50. 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.
Fifth Amendment
Case Precedents and the doctrine of stare decisis
Filtering software
Answer