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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. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)






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






3. (law) the initial questioning of a witness by the party that called the witness






4. 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.






5. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.






6. 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.






7. State statute that permits a state to obtain personal jurisdiction over nonresident defendants






8. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.






9. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.






10. A legal proceeding in a court






11. (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






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






13. Relieve you of some liability when reasonable care is used






14. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property






15. Previously decided cases that are as similar as possible to the one under consideration






16. 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






17. Protects you from unreasonable search and seizure of your home and property






18. 1066 in Britain - King William implemented this uniform legal system. He sent judges out to make rulings on cases - thus creating precedents. 1225 - the signing of the Magna Carta established the rule of law in England






19. The preponderance of evidence which means more likely then not.






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






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






22. Right to bear arms






23. A court will award money or other relief to a party injured by a breach of contract






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






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






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






27. 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






28. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






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






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






31. The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.






32. Authority shared by both federal and state courts






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






34. A defendant's answer or plea denying the truth of the charges against him






35. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






36. The body of laws created by legislative statutes






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






38. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court






39. 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






40. Rules governing the admissibility of evidence in trial courts.






41. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act






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






43. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice






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






45. 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.






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






47. The party who appeals a decision of a lower court






48. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.






49. The course of action the government takes in response to an issue or problem as deemed by widely held belief.






50. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.