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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. An order to appear in person at a given place and time
Cyberlaw
Police powers
Summons
Early neutral case evaluation
2. 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
Civil Law
Hearsay
Justicable controversy
Sociological school
3. Party who defends an appeal
Natural law
First Amendment
Appellee
Venue
4. 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.
Arbitrability
Bill of Rights
ordinaces
Sixth Amendment
5. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Counterclaim
Online dispute resolution
Categorical imperative
Constitutional Law
6. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Motion
Equal protection clause
Chancellor
7. A sum of money paid in compensation for loss or injury
Hearsay
Writ of execution
Damages
Search warrant
8. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Comparative negligence
due proccess clause
Pleadings
Stages in an A Typical Lawsuit
9. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
When constitutional lawz apply
In rem jurisdiction
Contributory negligence
Affirmative defense
10. Claims
Concurrent Jurisdiction
Affirmative defense
Alleges
When constitutional lawz apply
11. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Rejoinder
Legal and Equitable Remedies
Police powers
jurisprudence
12. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
State and Federal Court Systems
Service of process
Federal Jurisdiction
Seventh Amendment
13. Protects you from unreasonable search and seizure of your home and property
Federal form of government
Fourth Amendment
When constitutional lawz apply
Compensatory damages
14. Ethical or unethical behaviors by employees in the context of their jobs
Business Ethics
Fifth Amendment
Comparative negligence
Categorical imperative
15. 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.
Equitable maxims
Commerce clause
Probable cause
importance of common law
16. 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.
Torts(Wrongs)
Motion for a new trial
Long arm statue
citation
17. Jurisdiction based on claims against property
Contributory negligence
Exclusive Jurisdiction
Bankruptcy courts
In rem jurisdiction
18. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Federal Jurisdiction
Negligence
Stare Decisis and legal Reasoning
19. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Motion for a new trial
Constitutional Law
Probable cause
20. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Symbolic speech
Statutory Law
State and Federal Court Systems
establishment clause
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.
Free exercise clause
Sociological school
Cross-examination
Slander of quality
22. 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
Privileges and and immunities clause
Motion for a directed verdict
Reporters
Arbitrability
23. 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
First Amendment
voir dire
fradulent Misrepresentation
24. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Defenses to negligence
Award
Writ of certiorari
Historical school
25. Torts committed via the internet
Motion for a directed verdict
Petitioner
laches
Cyber torts
26. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Question of law
voir dire
Natural law
Second Amendment
27. On the premises fr the potential financial benefit of the occupier
Business invitees
Cost-benefit analysis
Criminal law
Long arm statue
28. 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
Respondent
American Arbitration Association
Standing to sue
Arbitration
29. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Pleadings
Service of process
Rule of four
30. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Eighth Amendment
Question of fact
Probate courts
Absolute bar
31. The act of delivering a writ or summons upon someone
Service of process
Business Ethics
Public Policy
Principle of rights
32. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Bill of Rights
Strict product liability
Strict liability
Seventh Amendment
33. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Causation in fact
State Jurisdiction
Writ of execution
Administrative law
34. 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
Constitutional Law
Relevant evidence
Summons
35. The preponderance of evidence which means more likely then not.
Rejoinder
Burden of proof
Civil Law
Bill of Rights
36. The power to speak the law.
Syllogism
Negligence
Symbolic speech
Jurisdiction
37. Economic model that compares the marginal costs and marginal benefits of a decision
Malpractice
Answer
Cost-benefit analysis
State and Federal Court Systems
38. Liability without fault. (Strict product liability)
Chancellor
Justicable controversy
Rules of evidence
Strict liability
39. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Bill of Rights
Comparative negligence
Affirmative defense
ordinaces
40. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Motion for judgement as a matter of law
Full faith and credit clause
Pretrial motions
Historical school
41. 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
Business Ethics
Hearsay
Federal form of government
Relevant evidence
42. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Stages in an A Typical Lawsuit
Origins Of Common Law
Corporate social responsibility
In rem jurisdiction
43. (civil law) a law established by following earlier judicial decisions
Cyber torts
Privileges and and immunities clause
Federal question
Case law
44. A claim filed in opposition to another claim in a legal action
Hearsay
Counterclaim
Cross-examination
State and Federal Court Systems
45. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Question of law
Motion for a directed verdict
Courts of equity
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
Equal protection clause
First Amendment
Privileges and and immunities clause
47. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Concurrent Jurisdiction
Strict liability
Checks and balances
Second Amendment
48. Set of books containing published court decisions
Statues of limitation
Writ of certiorari
Trespass to land
Reporters
49. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
in personam jurisdiction
Independent regulatory agencies
Long arm statue
Complaint
50. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
in personam jurisdiction
Alternative dispute resolution
Hearsay
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