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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 reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






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






3. 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






4. 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.






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






6. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






7. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument






8. Jurisdiction that exists when a case can be heard only in a particular court or type of court.






9. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






10. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens






11. 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






12. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court






13. The rules governing the manner in which civil cases are brough in and progress through the federal courts






14. 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






15. Wrongs






16. Ethical or unethical behaviors by employees in the context of their jobs






17. 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.






18. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened






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






20. Claims






21. Judges must abide by precedents in thier jurisdictions.






22. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system






23. Specific length of time an individual can sue for injury resulting from negligence






24. 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






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






26. 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






27. A wrongful act that the actor had no right to do






28. Torts committed via the internet






29. Authority shared by both federal and state courts






30. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States






31. 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






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






33. 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






34. A brief outline of what the defendant and the plaintiff will try to prove.






35. 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.






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






37. 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






38. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






39. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes






40. Liability without fault. (Strict product liability)






41. Is strict liability hold a claim if the product or service in question is...






42. 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.






43. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society






44. 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






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






46. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar






47. 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)






48. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations






49. (law) a pleading made by a defendant in response to the plaintiff's replication






50. Law concerned with private wrongs against individuals







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