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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. The power to speak the law.
Jurisdiction
Strict liability
fradulent Misrepresentation
Arbitration
2. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Courts of equity
Bill of Rights
Cyber torts
Ethical reasoning
3. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Answer
Analogy
Commerce clause
Punitive damages
4. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
citation
Arbitration clause
Historical school
Chancellor
5. 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
Legal realism
Justicable controversy
Legal and Equitable Remedies
Motion for judgement on the pleadings
6. A reference to or a quotation from an authority
Rejoinder
Motion
citation
Venue
7. Drawing a comparison in order to show a similarity in some respect
Analogy
ordinaces
Affirmative defense
Rejoinder
8. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Tenth Amendment
State and Federal Court Systems
Natural law
Binding authority
9. Right to a trial by jury
Third Amendment
Causation in fact
Direct examination
Seventh Amendment
10. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Summary jury trials
Origins Of Common Law
in personam jurisdiction
11. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
laches
Filtering software
Cyber torts
Equal protection clause
12. Specific length of time an individual can sue for injury resulting from negligence
Second Amendment
Statues of limitation
Disparagement of property
Respondent
13. 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
Absolute bar
Writ of certiorari
Probate courts
Good samaritan statues
14. A condensed written summary or abstract
Brief
Appellant
State Jurisdiction
Ninth Amendment
15. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Eighth Amendment
Seventh Amendment
Question of law
diversity of citizenship
16. 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
Commerce clause
fradulent Misrepresentation
Affirmative defense
Respondent Superior
17. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Cyber torts
Question of fact
Comparative negligence
Pleadings
18. Right to bear arms
Writ of certiorari
dram shop acts
ordinaces
Second Amendment
19. 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
Mini-trial
Negligence
Probable cause
Constitutional Law
20. 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.
Police powers
Stare Decisis and legal Reasoning
voir dire
positivist school
21. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Hearsay
Courts of law
voir dire
abnormally dangerous
22. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Courts of law
Rule of four
Civil Law
Checks and balances
23. 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.
Fifth Amendment
Cyberlaw
Courts of equity
Disparagement of property
24. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Commerce clause
Stare Decisis and legal Reasoning
Legal and Equitable Remedies
Third Amendment
25. A question asked to determine what is true or to what extent something is true
Long arm statue
Question of fact
Filtering software
breaches
26. Protects you from unreasonable search and seizure of your home and property
Writ of certiorari
Fourth Amendment
positivist school
Complaint
27. 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
Search warrant
Stages in an A Typical Lawsuit
Binding authority
28. Wrongs
Ethical reasoning
Torts(Wrongs)
Rules of evidence
Opinions
29. 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.
Absolute bar
Cross-examination
Statues of limitation
Federal Jurisdiction
30. 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
Arbitration
Good samaritan statues
Administrative law
Statutory Law
31. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Exclusive Jurisdiction
Negotiation
Reporters
32. The First Amendment guarantee that the government will not create and support an official state church
Legal realism
Search warrant
Analogy
establishment clause
33. A wrongful act that the actor had no right to do
Malpractice
Seventh Amendment
Stare Decisis and legal Reasoning
Disparagement of property
34. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
voir dire
Case law
Summary jury trials
35. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
dram shop acts
Disparagement of property
Appellant
Rebuttal
36. 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.
Appellee
Bill of Rights
Early neutral case evaluation
fradulent Misrepresentation
37. A major provider of arbitration services
Rules of evidence
American Arbitration Association
Causation in fact
Eighth Amendment
38. Law concerned with public wrongs against society
Case law
Criminal law
Administrative law
Opinions
39. A brief outline of what the defendant and the plaintiff will try to prove.
Categorical imperative
Opening statements
Cyberlaw
Alternative dispute resolution
40. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Historical school
Complaint
Summary jury trials
Motion
41. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Arbitrability
Bankruptcy courts
Second Amendment
Pleadings
42. (civil law) a law established by following earlier judicial decisions
Burden of proof
Case law
uniform laws
Venue
43. Highest official of a monarch. Granted new an unique remedies.
Bankruptcy courts
First Amendment
Chancellor
positive law
44. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rule of four
Legal realism
Venue
Sixth Amendment
45. (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
Ninth Amendment
Probate courts
Bill of Rights
Stages in an A Typical Lawsuit
46. 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
in personam jurisdiction
Origins Of Common Law
Sociological school
Checks and balances
47. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Common law
Ninth Amendment
Equitable maxims
Award
48. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Remedies
Cases on point
Origins Of Common Law
Federal Jurisdiction
49. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Motion
Search warrant
Civil Law
Summary jury trials
50. (law) the initial questioning of a witness by the party that called the witness
Brief
Appellant
Direct examination
Cost-benefit analysis
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