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Business Law Test

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 common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case






2. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






3. Three remedies known as land - items of value - or money






4. (law) the right and power to interpret and apply the law






5. 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)






6. The First Amendment guarantee that the government will not create and support an official state church






7. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself






8. 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






9. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent






10. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder






11. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






12. Private proceeding in which each party to a dispute argues its position before the other side - and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement






13. Highest official of a monarch. Granted new an unique remedies.






14. Assumption of risk - Superseding cause - and contributory and comparative negligence.






15. (law) evidence sufficient to warrant an arrest or search and seizure






16. Part of the 14th Amendment which guarentees that no state deny basic rights to its people






17. On the premises fr the potential financial benefit of the occupier






18. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law






19. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.






20. The act of changing location from one place to another






21. 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






22. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






23. Wrongs






24. An act or omission without which an event would not have occurred.






25. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case






26. 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.






27. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.






28. The body of rules and regulations and orders and decisions created by administrative agencies of government






29. Propositions or general statements of equitable rules






30. An amendment to the Constitution of the United States guaranteeing the right of free expression






31. 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






32. 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






33. A clause in a contract providing for arbitration of disputes arising under the contract






34. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination






35. (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






36. 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.






37. Courts that handle cases that involve less than $5000






38. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.






39. 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.






40. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement






41. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons






42. The body of conventional - or written - law of a particular society at a particular point in time.






43. 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






44. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.






45. Right to bear arms






46. 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






47. A sum of money paid in compensation for loss or injury






48. 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.






49. 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.






50. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence







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