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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. 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
tilitarinism
Fourth Amendment
Criminal law
2. 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.
Tenth Amendment
Third Amendment
laches
Public Policy
3. The preponderance of evidence which means more likely then not.
citation
Burden of proof
Binding authority
Motion
4. 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.
Hearsay
Origins Of Common Law
Cross-examination
positivist school
5. The body of rules and regulations and orders and decisions created by administrative agencies of government
Writ of certiorari
Administrative law
Fourth Amendment
Filtering software
6. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Slander of title
Hearsay
Disparagement of property
Assumption of risk
7. A defendant's answer or plea denying the truth of the charges against him
abnormally dangerous
Second Amendment
Legal reasoning
Defense
8. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Small Claims courts
Federal Jurisdiction
Alleges
Motion for judgement on the pleadings
9. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Federal form of government
Legal reasoning
Respondent
10. A sum of money paid in compensation for loss or injury
Damages
Torts(Wrongs)
Historical school
Business Ethics
11. Right to a trial by jury
Stages in an A Typical Lawsuit
Bankruptcy courts
Seventh Amendment
Statutory Law
12. An order to appear in person at a given place and time
Motion for a directed verdict
Summons
Contributory negligence
Constitutional Law
13. 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
Standing to sue
Slander of quality
Cost-benefit analysis
Long arm statue
14. The question of whether an issue lies within the authority and jurisdiction of the arbitrator. A matter may be declared non-arbitrable either because certain steps - timetables and procedures have not been followed prior to submitting it to arbitrati
Filtering software
Free exercise clause
Arbitrability
Civil Law
15. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Standing to sue
Cases on point
Default judgement
Eighth Amendment
16. (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
Rejoinder
Arbitrability
Statues of limitation
Stages in an A Typical Lawsuit
17. The act of delivering a writ or summons upon someone
Business Ethics
Closing argument
Service of process
Principle of rights
18. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Compensatory damages
Burden of proof
Pretrial motions
Syllogism
19. 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
Absolute bar
uniform laws
establishment clause
Cross-examination
20. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Closing argument
Long arm statue
Rebuttal
Administrative law
21. The act of changing location from one place to another
Administrative agency
Contributory negligence
Motion
Motion for a new trial
22. 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
Probate courts
Precedent
Cross-examination
Legal reasoning
23. 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.
Trespass to personal property
Trade libel
Criminal law
Proximate cause
24. An example that is used to justify similar occurrences at a later time
Federal form of government
Precedent
Summary jury trials
Cases on point
25. 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.
Defenses to negligence
Sociological school
Slander of quality
Slander of title
26. The body of laws created by legislative statutes
Statutory Law
Defense
ordinaces
Negotiation
27. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Reporters
Brief
law
28. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Bill of Rights
Remedies of Law
Summary jury trials
State level appeal eligibility
29. A court will award money or other relief to a party injured by a breach of contract
Free exercise clause
Assumption of risk
Remedies
Courts of equity
30. 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.
Binding authority
Question of law
Motion for judgement as a matter of law
Respondent
31. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Jurisdiction
Legal realism
Civil Law
Online dispute resolution
32. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Third Amendment
Symbolic speech
dram shop acts
Opinions
33. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Arbitrability
Second Amendment
Good samaritan statues
34. A school of legal thought that views the law as a tool for promoting justice in society.
Sociological school
Police powers
Case Precedents and the doctrine of stare decisis
Strict liability
35. 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
Negotiation
Motion
Full faith and credit clause
Closing argument
36. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
establishment clause
positivist school
Cross-examination
Comparative negligence
37. 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
voir dire
Federal form of government
Relevant evidence
Affirmative defense
38. 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.
Early neutral case evaluation
Res ipsa loquitur
Damages
in personam jurisdiction
39. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Origins Of Common Law
breaches
Absolute bar
Proximate cause
40. 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.
Jurisdiction
Motion for a new trial
Jurisdiction
Motion for a directed verdict
41. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Jurisdiction
Constitutional Law
laches
Trade libel
42. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Principle of rights
Binding authority
Courts of law
Assumption of risk
43. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Writ of execution
Public Policy
Exclusive Jurisdiction
Statues of limitation
44. Specific length of time an individual can sue for injury resulting from negligence
Criminal law
Categorical imperative
Statues of limitation
Negotiation
45. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Cross-examination
Trespass to personal property
Pretrial motions
When constitutional lawz apply
46. (law) a pleading made by a defendant in response to the plaintiff's replication
Rule of four
Rejoinder
Bill of Rights
Malpractice
47. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Arbitration
Question of fact
Legal realism
Checks and balances
48. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Trespass to land
diversity of citizenship
Full faith and credit clause
Cyberlaw
49. (civil law) a law established by following earlier judicial decisions
fradulent Misrepresentation
Defenses to negligence
Case law
Tenth Amendment
50. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Police powers
Punitive damages
tilitarinism
Early neutral case evaluation