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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. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
Stages in an A Typical Lawsuit
Motion for a new trial
Statutory Law
2. 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.
Absolute bar
Motion for a new trial
Common law
diversity of citizenship
3. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
citation
Cost-benefit analysis
Courts of equity
Probable cause
4. Claims
Alleges
Trade libel
Res ipsa loquitur
When constitutional lawz apply
5. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Petitioner
Administrative agency
Seventh Amendment
Hearsay
6. 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
Hearsay
diversity of citizenship
Punitive damages
7. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Historical school
Respondent
State Jurisdiction
Arbitration clause
8. 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
Courts of law
Slander of title
Full faith and credit clause
Equitable maxims
9. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Arbitration
Criminal law
Affirmative defense
Default judgement
10. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
establishment clause
Categorical imperative
voir dire
Binding authority
11. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Rules of evidence
Administrative agency
Statutory Law
Strict product liability
12. 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.
in personam jurisdiction
Motion
Question of law
Respondent
13. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Absolute bar
Origins Of Common Law
Remedies
Burden of proof
14. 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.
Rules of evidence
Trespass to land
Award
In rem jurisdiction
15. Propositions or general statements of equitable rules
Bankruptcy courts
Comparative negligence
Equitable maxims
Arbitration
16. 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.
Burden of proof
Courts of equity
Early neutral case evaluation
due proccess clause
17. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
importance of common law
Strict product liability
Trespass to land
18. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Respondent
due proccess clause
citation
Mini-trial
19. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
voir dire
Legal reasoning
Federal question
Reporters
20. 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.
Categorical imperative
Police powers
Service of process
Filtering software
21. On the premises fr the potential financial benefit of the occupier
Business invitees
In rem jurisdiction
Arbitrability
Federal form of government
22. The body of rules and regulations and orders and decisions created by administrative agencies of government
First Amendment
Venue
Case law
Administrative law
23. 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
Origins Of Common Law
Checks and balances
Answer
Bill of Rights
24. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Administrative agency
Categorical imperative
Trespass to personal property
Exclusive Jurisdiction
25. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Remedies of Law
abnormally dangerous
Counterclaim
Legal realism
26. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
Appellee
Petitioner
Affirmative defense
27. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
fradulent Misrepresentation
in personam jurisdiction
Venue
Checks and balances
28. Drawing a comparison in order to show a similarity in some respect
Analogy
tilitarinism
Arbitration
voir dire
29. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
Defenses to negligence
Litigation
Trade libel
30. 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
Stare Decisis and legal Reasoning
Legal and Equitable Remedies
State Jurisdiction
Probate courts
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
When constitutional lawz apply
Criminal law
Legal and Equitable Remedies
ordinaces
32. 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.
Service of process
Justicable controversy
Motion for a directed verdict
fradulent Misrepresentation
33. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
voir dire
jurisprudence
Privileges and and immunities clause
Third Amendment
34. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
law
Pleadings
Punitive damages
Default judgement
35. A major provider of arbitration services
American Arbitration Association
Commerce clause
Slander of title
Early neutral case evaluation
36. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Ninth Amendment
Relevant evidence
Mini-trial
Respondent Superior
37. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
State level appeal eligibility
Statues of limitation
Writ of execution
Alternative dispute resolution
38. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Question of law
Arbitrability
Online dispute resolution
State Jurisdiction
39. A sum of money paid in compensation for loss or injury
Relevant evidence
Courts of equity
Answer
Damages
40. The courts that awarded compensation back in English Realm
Courts of law
breaches
Precedent
Remedies of Law
41. Right to a trial by jury
uniform laws
Seventh Amendment
State level appeal eligibility
positive law
42. 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
Business invitees
Statues of limitation
Free exercise clause
43. Protects you from unreasonable search and seizure of your home and property
Case Precedents and the doctrine of stare decisis
Fourth Amendment
Sociological school
Punitive damages
44. 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.
Appellee
Sixth Amendment
Cross-examination
Rebuttal
45. 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.
Binding authority
Respondent
Relevant evidence
Seventh Amendment
46. 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
Legal reasoning
Strict product liability
Stages in an A Typical Lawsuit
When constitutional lawz apply
47. Law concerned with public wrongs against society
Rules of evidence
Rebuttal
Criminal law
Strict liability
48. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
laches
Remedies of Law
Natural law
Rebuttal
49. Authority shared by both federal and state courts
Federal form of government
Concurrent Jurisdiction
State Jurisdiction
Standing to sue
50. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Legal and Equitable Remedies
positive law
Pleadings
Defenses to negligence