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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 First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Appellant
Trespass to personal property
Arbitration clause
Free exercise clause
2. 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
Equal protection clause
Third Amendment
Disparagement of property
3. 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
Online dispute resolution
Jurisdiction
breaches
4. Judges must abide by precedents in thier jurisdictions.
Case Precedents and the doctrine of stare decisis
Hearsay
Bankruptcy courts
Arbitrability
5. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Federal Jurisdiction
Fourth Amendment
Long arm statue
Torts(Wrongs)
6. 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.
Motion for a new trial
Full faith and credit clause
Appellant
Checks and balances
7. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Res ipsa loquitur
Early neutral case evaluation
Independent regulatory agencies
importance of common law
8. 1. That the defendant owed a duty of care to the plaintiff. 2. The the defendant breached that duty. 3. That the defendant's breach caused the plaintiff's injury. 4. That the defendants breach caused the plaintiff's injury and that injury was forseea
Negligence
Online dispute resolution
positivist school
Punitive damages
9. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Equal protection clause
Principle of rights
State Jurisdiction
Constitutional Law
10. The act of delivering a writ or summons upon someone
Service of process
Question of law
Strict liability
Small Claims courts
11. Propositions or general statements of equitable rules
Equitable maxims
Free exercise clause
Civil Law
Good samaritan statues
12. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Compensatory damages
Search warrant
Tenth Amendment
Probable cause
13. The publication of false information about another's product - alleging that it is not what its seller claims.
Contributory negligence
Slander of quality
Closing argument
Rules of evidence
14. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Administrative agency
Respondent
Pretrial motions
Slander of title
15. Economic model that compares the marginal costs and marginal benefits of a decision
Summons
Justicable controversy
Cost-benefit analysis
laches
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.
Ninth Amendment
laches
Exclusive Jurisdiction
Early neutral case evaluation
17. Drawing a comparison in order to show a similarity in some respect
tilitarinism
Ethical reasoning
Motion
Analogy
18. A legal proceeding in a court
Burden of proof
dram shop acts
Litigation
Strict liability
19. 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
Malpractice
Direct examination
Arbitration
Standing to sue
20. An order to appear in person at a given place and time
Default judgement
Fourth Amendment
Arbitration clause
Summons
21. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Award
Relevant evidence
Alternative dispute resolution
Ethical reasoning
22. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Bill of Rights
Federal Rules of Civil Procedure
Cyber torts
Historical school
23. Set of books containing published court decisions
Legal and Equitable Remedies
Common law
Defenses to negligence
Reporters
24. 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.
Civil Law
Police powers
Stages in an A Typical Lawsuit
Cross-examination
25. 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
Federal question
Stare Decisis and legal Reasoning
tilitarinism
Legal and Equitable Remedies
26. 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
Business invitees
Legal reasoning
Punitive damages
Strict liability
27. A defendant's answer or plea denying the truth of the charges against him
Defense
Arbitration
Writ of execution
Commerce clause
28. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Statues of limitation
Remedies of Law
Equal protection clause
Slander of title
29. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Syllogism
Counterclaim
Relevant evidence
Bill of Rights
30. 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
Chancellor
Mini-trial
Strict product liability
Administrative agency
31. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
State Jurisdiction
Counterclaim
Natural law
Mini-trial
32. The First Amendment guarantee that the government will not create and support an official state church
jurisprudence
Cyber torts
establishment clause
In rem jurisdiction
33. Courts that handle cases that involve less than $5000
Small Claims courts
Public Policy
Jurisdiction
Federal Jurisdiction
34. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Assumption of risk
Counterclaim
voir dire
in personam jurisdiction
35. Claims
Alleges
Probable cause
Default judgement
Brief
36. 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.
Remedies
Question of law
Case Precedents and the doctrine of stare decisis
Trade libel
37. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Administrative agency
Summons
ordinaces
38. (law) the initial questioning of a witness by the party that called the witness
Equal protection clause
Federal form of government
Direct examination
Administrative agency
39. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.
law
Relevant evidence
positivist school
Standing to sue
40. The rules governing the manner in which civil cases are brough in and progress through the federal courts
citation
Federal Rules of Civil Procedure
Business Ethics
law
41. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Historical school
Courts of equity
Motion for a directed verdict
fradulent Misrepresentation
42. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Concurrent Jurisdiction
Constitutional Law
Seventh Amendment
Default judgement
43. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Case Precedents and the doctrine of stare decisis
breaches
Remedies of Law
Federal Rules of Civil Procedure
44. The publication of a statement that denies or casts doubt on another's legal ownership of any property - causing financial loss to that property's owner.
Writ of certiorari
Slander of title
Commerce clause
Cyberlaw
45. Someone who petitions a court for redress of a grievance or recovery of a right
Probate courts
Cyber torts
Motion for a directed verdict
Petitioner
46. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Causation in fact
Online dispute resolution
Concurrent Jurisdiction
Counterclaim
47. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Public Policy
Equitable maxims
Trade libel
Probable cause
48. A condensed written summary or abstract
Defense
Brief
Legal and Equitable Remedies
jurisprudence
49. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Service of process
Stages in an A Typical Lawsuit
Fifth Amendment
Legal reasoning
50. A reference to or a quotation from an authority
citation
Torts(Wrongs)
Malpractice
Criminal law