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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 resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Strict liability
Arbitration clause
Appellee
Online dispute resolution
2. 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
Precedent
Closing argument
Hearsay
fradulent Misrepresentation
3. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
Reporters
Origins Of Common Law
Torts(Wrongs)
4. Three remedies known as land - items of value - or money
Binding authority
Jurisdiction
Remedies of Law
Rejoinder
5. The party who appeals a decision of a lower court
Trespass to land
Appellant
Remedies of Law
Strict product liability
6. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Rule of four
law
Damages
Motion for judgement as a matter of law
7. (law) a pleading made by a defendant in response to the plaintiff's replication
Assumption of risk
Rejoinder
Fourth Amendment
due proccess clause
8. 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
tilitarinism
Administrative law
Negligence
Mini-trial
9. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Case law
in personam jurisdiction
Second Amendment
Disparagement of property
10. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Stare Decisis and legal Reasoning
Rebuttal
Negligence
Commerce clause
11. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Motion for a new trial
tilitarinism
Small Claims courts
Respondent Superior
12. 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.
Counterclaim
Eighth Amendment
Affirmative defense
Second Amendment
13. A sum of money paid in compensation for loss or injury
Jurisdiction
Damages
Criminal law
Fifth Amendment
14. Authority shared by both federal and state courts
Full faith and credit clause
American Arbitration Association
Answer
Concurrent Jurisdiction
15. A clause in a contract providing for arbitration of disputes arising under the contract
Pretrial motions
Respondent Superior
Summary jury trials
Arbitration clause
16. 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
Public Policy
Arbitration
Absolute bar
Federal form of government
17. The preponderance of evidence which means more likely then not.
Affirmative defense
Burden of proof
Summary jury trials
Equitable maxims
18. Torts committed via the internet
State level appeal eligibility
Trespass to land
Brief
Cyber torts
19. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.
Common law
Alleges
Principle of rights
Administrative agency
20. 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
State Jurisdiction
Motion for judgement as a matter of law
Probate courts
Closing argument
21. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Categorical imperative
Reporters
Independent regulatory agencies
importance of common law
22. Relieve you of some liability when reasonable care is used
Motion
Business invitees
law
Good samaritan statues
23. A court will award money or other relief to a party injured by a breach of contract
Remedies
In rem jurisdiction
Search warrant
Courts of equity
24. Law concerned with public wrongs against society
Appellee
Second Amendment
voir dire
Criminal law
25. 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
Free exercise clause
Natural law
Award
26. 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
Opinions
Fifth Amendment
Criminal law
In rem jurisdiction
27. The body of conventional - or written - law of a particular society at a particular point in time.
Eighth Amendment
Federal Rules of Civil Procedure
positive law
Slander of quality
28. 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
Motion for judgement on the pleadings
Analogy
Bill of Rights
importance of common law
29. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Venue
Syllogism
dram shop acts
Eighth Amendment
30. Law concerned with private wrongs against individuals
Civil Law
Equal protection clause
Rules of evidence
Sociological school
31. 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
Online dispute resolution
tilitarinism
Legal reasoning
positivist school
32. The body of rules and regulations and orders and decisions created by administrative agencies of government
Independent regulatory agencies
Summons
Administrative law
In rem jurisdiction
33. Claims
Filtering software
Venue
Damages
Alleges
34. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Justicable controversy
Appellant
Public Policy
Federal Rules of Civil Procedure
35. Jurisdiction based on claims against property
Origins Of Common Law
Brief
In rem jurisdiction
Ethical reasoning
36. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Res ipsa loquitur
Checks and balances
importance of common law
Seventh Amendment
37. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Bill of Rights
Categorical imperative
Alternative dispute resolution
jurisprudence
38. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
due proccess clause
Good samaritan statues
Federal Jurisdiction
Common law
39. 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
State and Federal Court Systems
Complaint
uniform laws
Rebuttal
40. A reference to or a quotation from an authority
Causation in fact
Respondent
Slander of quality
citation
41. Someone who petitions a court for redress of a grievance or recovery of a right
law
Appellant
Federal form of government
Petitioner
42. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Writ of certiorari
Cyber torts
Fourth Amendment
Absolute bar
43. The body of laws created by legislative statutes
Causation in fact
Free exercise clause
Respondent Superior
Statutory Law
44. Set of books containing published court decisions
law
Courts of equity
Syllogism
Reporters
45. 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.
Hearsay
Reporters
Legal realism
Question of law
46. The First Amendment guarantee that the government will not create and support an official state church
Strict liability
establishment clause
In rem jurisdiction
Jurisdiction
47. (civil law) a law established by following earlier judicial decisions
Exclusive Jurisdiction
Motion
Closing argument
Case law
48. A condensed written summary or abstract
Brief
Defense
jurisprudence
Principle of rights
49. The location where something takes place - esp. a trial
Affirmative defense
fradulent Misrepresentation
Opening statements
Venue
50. 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)
Writ of execution
Counterclaim
Trespass to personal property
State level appeal eligibility