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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. 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.
Administrative agency
American Arbitration Association
Arbitrability
Trespass to land
2. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Motion
Probable cause
Compensatory damages
Comparative negligence
3. Authority shared by both federal and state courts
Concurrent Jurisdiction
Pleadings
Historical school
Constitutional Law
4. A school of legal thought that views the law as a tool for promoting justice in society.
Free exercise clause
citation
Cyber torts
Sociological school
5. 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
Direct examination
In rem jurisdiction
Comparative negligence
Cases on point
6. 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
Summons
Second Amendment
Pleadings
7. Law concerned with public wrongs against society
Defenses to negligence
Criminal law
Early neutral case evaluation
Question of fact
8. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Proximate cause
Tenth Amendment
Hearsay
Closing argument
9. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Origins Of Common Law
Privileges and and immunities clause
Question of fact
Causation in fact
10. 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.
Stages in an A Typical Lawsuit
Sixth Amendment
Trespass to personal property
Motion for judgement as a matter of law
11. 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.
Award
voir dire
Federal question
establishment clause
12. 1. employee activity within scope of employment 2. employee is negligent
Cyberlaw
Stare Decisis and legal Reasoning
Respondent Superior
Hearsay
13. 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.
American Arbitration Association
Courts of equity
Equal protection clause
Affirmative defense
14. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Compensatory damages
Alternative dispute resolution
Alleges
fradulent Misrepresentation
15. Set of books containing published court decisions
Third Amendment
Reporters
Slander of title
jurisprudence
16. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Complaint
Slander of title
Statutory Law
Constitutional Law
17. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Eighth Amendment
breaches
Small Claims courts
positivist school
18. The party who appeals a decision of a lower court
Fourth Amendment
Appellant
Defense
Alleges
19. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
fradulent Misrepresentation
Respondent Superior
Direct examination
20. 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.
Principle of rights
Syllogism
Writ of execution
Cross-examination
21. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Independent regulatory agencies
Strict liability
Opinions
Syllogism
22. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Trade libel
Compensatory damages
Ninth Amendment
Default judgement
23. 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)
Stare Decisis and legal Reasoning
Federal form of government
State level appeal eligibility
Legal realism
24. Is strict liability hold a claim if the product or service in question is...
Legal realism
abnormally dangerous
Question of law
Mini-trial
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
Equitable maxims
Precedent
Appellee
Legal and Equitable Remedies
26. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Damages
Motion
Defense
Historical school
27. Courts that handle cases that involve less than $5000
Stages in an A Typical Lawsuit
Small Claims courts
Civil Law
Pretrial motions
28. 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
citation
State Jurisdiction
Mini-trial
Equal protection clause
29. 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
Venue
Rule of four
Arbitration
Remedies of Law
30. Drawing a comparison in order to show a similarity in some respect
Analogy
Summons
Rebuttal
Federal form of government
31. Judges must abide by precedents in thier jurisdictions.
Punitive damages
Checks and balances
Case Precedents and the doctrine of stare decisis
establishment clause
32. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Civil Law
Defenses to negligence
Comparative negligence
33. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Affirmative defense
Courts of equity
Second Amendment
tilitarinism
34. 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.
Filtering software
Complaint
Brief
Trespass to personal property
35. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
positive law
Legal and Equitable Remedies
Causation in fact
Res ipsa loquitur
36. Previously decided cases that are as similar as possible to the one under consideration
Cross-examination
Cases on point
Syllogism
laches
37. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
ordinaces
breaches
Direct examination
38. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Summary jury trials
Strict product liability
Fifth Amendment
Rebuttal
39. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Natural law
Fourth Amendment
Rule of four
Seventh Amendment
40. 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
Opinions
Federal form of government
Equal protection clause
Civil Law
41. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
State Jurisdiction
Federal form of government
Historical school
Online dispute resolution
42. 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
Bankruptcy courts
Justicable controversy
Corporate social responsibility
Legal and Equitable Remedies
43. A defendant's answer or plea denying the truth of the charges against him
Motion for judgement on the pleadings
Defense
Second Amendment
Symbolic speech
44. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
dram shop acts
Writ of certiorari
Punitive damages
Criminal law
45. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Comparative negligence
American Arbitration Association
Defenses to negligence
Trespass to land
46. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Direct examination
Ethical reasoning
Business invitees
Equitable maxims
47. 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.
Statutory Law
American Arbitration Association
Legal and Equitable Remedies
Motion for a new trial
48. A court will award money or other relief to a party injured by a breach of contract
Remedies
Slander of title
Statutory Law
Assumption of risk
49. Rules governing the admissibility of evidence in trial courts.
importance of common law
Rules of evidence
Legal and Equitable Remedies
Assumption of risk
50. The body of conventional - or written - law of a particular society at a particular point in time.
positive law
Syllogism
Trespass to personal property
Arbitration clause