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Test your basic knowledge |
Business Law Test
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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. 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.
fradulent Misrepresentation
Stages in an A Typical Lawsuit
Proximate cause
State and Federal Court Systems
2. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Rule of four
Affirmative defense
Compensatory damages
Ethical reasoning
3. The principle pleading by the defendant in response to plaintiff's complaint
uniform laws
Answer
Arbitration clause
Cyber torts
4. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
laches
Assumption of risk
Syllogism
Punitive damages
5. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
due proccess clause
Rule of four
Contributory negligence
Sociological school
6. 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
Absolute bar
Analogy
Motion for judgement on the pleadings
abnormally dangerous
7. Courts that handle cases that involve less than $5000
Trade libel
Small Claims courts
State and Federal Court Systems
Bankruptcy courts
8. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Appellee
State and Federal Court Systems
Legal realism
Independent regulatory agencies
9. 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
Service of process
Causation in fact
Origins Of Common Law
Rule of four
10. 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.
due proccess clause
Comparative negligence
Trespass to personal property
Pleadings
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
Stages in an A Typical Lawsuit
Appellant
dram shop acts
Second Amendment
12. Wrongs
tilitarinism
Torts(Wrongs)
Pretrial motions
Alternative dispute resolution
13. (law) evidence sufficient to warrant an arrest or search and seizure
Counterclaim
Probable cause
Damages
Jurisdiction
14. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Binding authority
First Amendment
Symbolic speech
Rebuttal
15. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Arbitration clause
in personam jurisdiction
Closing argument
Good samaritan statues
16. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Causation in fact
Appellant
Service of process
17. Economic model that compares the marginal costs and marginal benefits of a decision
Cost-benefit analysis
Motion for a new trial
Case law
Hearsay
18. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Jurisdiction
Comparative negligence
When constitutional lawz apply
Opening statements
19. Previously decided cases that are as similar as possible to the one under consideration
Motion for a new trial
Opening statements
Cases on point
Legal reasoning
20. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Remedies
Stare Decisis and legal Reasoning
Bill of Rights
Cross-examination
21. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Corporate social responsibility
tilitarinism
Opinions
Courts of law
22. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Opening statements
Justicable controversy
Federal Jurisdiction
Motion for a new trial
23. 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
Defense
Free exercise clause
Legal reasoning
Justicable controversy
24. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Relevant evidence
jurisprudence
Summary jury trials
Legal and Equitable Remedies
25. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
Cross-examination
Strict product liability
Venue
26. A court will award money or other relief to a party injured by a breach of contract
laches
Remedies
Trespass to personal property
Legal realism
27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Rule of four
Negotiation
Sociological school
Second Amendment
28. 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
In rem jurisdiction
positive law
Jurisdiction
Motion for a directed verdict
29. On the premises fr the potential financial benefit of the occupier
Business invitees
Checks and balances
Strict liability
voir dire
30. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Complaint
Trespass to personal property
Alleges
31. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Motion for a directed verdict
Seventh Amendment
Remedies of Law
Small Claims courts
32. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Filtering software
State level appeal eligibility
Equal protection clause
33. 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
Torts(Wrongs)
Petitioner
Comparative negligence
fradulent Misrepresentation
34. 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.
Brief
tilitarinism
Trade libel
Cross-examination
35. 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.
Res ipsa loquitur
Administrative law
Compensatory damages
Police powers
36. 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.
Relevant evidence
Equal protection clause
Appellee
Fourth Amendment
37. 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.
Ninth Amendment
Slander of title
Award
Free exercise clause
38. Specific length of time an individual can sue for injury resulting from negligence
Criminal law
Statues of limitation
In rem jurisdiction
Motion for judgement on the pleadings
39. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Checks and balances
Small Claims courts
Question of fact
Corporate social responsibility
40. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Stare Decisis and legal Reasoning
Corporate social responsibility
Exclusive Jurisdiction
importance of common law
41. A legal proceeding in a court
Litigation
Arbitration clause
Motion for judgement as a matter of law
Long arm statue
42. Jurisdiction based on claims against property
First Amendment
Closing argument
In rem jurisdiction
Historical school
43. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Binding authority
Case Precedents and the doctrine of stare decisis
Principle of rights
Constitutional Law
44. A major provider of arbitration services
fradulent Misrepresentation
Tenth Amendment
American Arbitration Association
Early neutral case evaluation
45. 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
Burden of proof
Disparagement of property
Administrative law
Standing to sue
46. A question asked to determine what is true or to what extent something is true
Areas of Law that may affect business decision making
Pretrial motions
Slander of quality
Question of fact
47. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Ninth Amendment
Independent regulatory agencies
abnormally dangerous
Stages in an A Typical Lawsuit
48. The power to speak the law.
State level appeal eligibility
Civil Law
Question of law
Jurisdiction
49. 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
Hearsay
Mini-trial
Assumption of risk
Statues of limitation
50. 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.
Negotiation
in personam jurisdiction
Rebuttal
Early neutral case evaluation
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