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Business Law Test
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Subjects
:
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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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. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Brief
American Arbitration Association
due proccess clause
Sixth Amendment
2. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Punitive damages
Equal protection clause
abnormally dangerous
Assumption of risk
3. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Full faith and credit clause
Torts(Wrongs)
Syllogism
Concurrent Jurisdiction
4. A wrongful act that the actor had no right to do
In rem jurisdiction
Good samaritan statues
Malpractice
State and Federal Court Systems
5. Party who defends an appeal
Appellee
uniform laws
Second Amendment
Mini-trial
6. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
Business Ethics
Complaint
Strict product liability
Pleadings
7. 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)
State level appeal eligibility
Petitioner
Slander of quality
Motion for judgement on the pleadings
8. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Writ of execution
Punitive damages
Cost-benefit analysis
9. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Corporate social responsibility
Cyberlaw
Seventh Amendment
Jurisdiction
10. 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
Third Amendment
tilitarinism
fradulent Misrepresentation
Causation in fact
11. The preponderance of evidence which means more likely then not.
Burden of proof
Opening statements
Business Ethics
uniform laws
12. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Business invitees
Statutory Law
Long arm statue
13. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
laches
Public Policy
in personam jurisdiction
Good samaritan statues
14. 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
Slander of title
American Arbitration Association
Appellee
15. 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.
Respondent Superior
Public Policy
Binding authority
Disparagement of property
16. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Direct examination
Checks and balances
Cyberlaw
Hearsay
17. A question asked to determine what is true or to what extent something is true
Seventh Amendment
Closing argument
Trespass to personal property
Question of fact
18. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Opening statements
Business invitees
Punitive damages
19. A claim filed in opposition to another claim in a legal action
Counterclaim
Bill of Rights
Tenth Amendment
Cost-benefit analysis
20. Ethical or unethical behaviors by employees in the context of their jobs
Bill of Rights
diversity of citizenship
Cross-examination
Business Ethics
21. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Trespass to land
tilitarinism
Ninth Amendment
Ethical reasoning
22. Authority shared by both federal and state courts
Damages
Police powers
Remedies
Concurrent Jurisdiction
23. Highest official of a monarch. Granted new an unique remedies.
Good samaritan statues
Answer
Chancellor
Compensatory damages
24. 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
establishment clause
Negligence
Trade libel
Arbitrability
25. 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
Early neutral case evaluation
Mini-trial
Torts(Wrongs)
Summons
26. Set of books containing published court decisions
Answer
Reporters
Federal form of government
Corporate social responsibility
27. The body of laws created by legislative statutes
Binding authority
Trespass to personal property
Statutory Law
Absolute bar
28. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Writ of certiorari
Ninth Amendment
Summons
Jurisdiction
29. Law concerned with private wrongs against individuals
Courts of law
Defense
Rule of four
Civil Law
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.
Probable cause
tilitarinism
Question of law
Contributory negligence
31. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Affirmative defense
Principle of rights
Negotiation
Opinions
32. 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.
Second Amendment
Commerce clause
due proccess clause
Affirmative defense
33. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Federal question
Strict liability
Absolute bar
Defenses to negligence
34. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Sixth Amendment
Areas of Law that may affect business decision making
dram shop acts
Question of law
35. Law concerned with public wrongs against society
Criminal law
Slander of title
Filtering software
Common law
36. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Federal form of government
Award
Areas of Law that may affect business decision making
abnormally dangerous
37. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Stare Decisis and legal Reasoning
Motion for a directed verdict
voir dire
Question of law
38. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Rules of evidence
Common law
Trade libel
tilitarinism
39. 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
Question of law
uniform laws
Rebuttal
Alleges
40. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Privileges and and immunities clause
Writ of certiorari
Categorical imperative
Res ipsa loquitur
41. 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.
Motion for judgement as a matter of law
Slander of title
Default judgement
citation
42. A condensed written summary or abstract
Statues of limitation
Bankruptcy courts
Answer
Brief
43. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Federal question
When constitutional lawz apply
law
importance of common law
44. 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
Assumption of risk
Justicable controversy
law
Federal question
45. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Assumption of risk
Respondent
Summons
Award
46. 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
Opening statements
Case Precedents and the doctrine of stare decisis
Bankruptcy courts
In rem jurisdiction
47. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
in personam jurisdiction
Summary jury trials
Justicable controversy
ordinaces
48. Enforcable rules governing relationships among individuals and between individuals and thier society.
law
jurisprudence
Relevant evidence
Arbitration clause
49. 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.
In rem jurisdiction
Constitutional Law
Arbitration clause
Trespass to personal property
50. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
fradulent Misrepresentation
Statutory Law
Pretrial motions
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