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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. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Question of fact
Rule of four
Brief
Complaint
2. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
importance of common law
Default judgement
fradulent Misrepresentation
Federal form of government
3. The act of changing location from one place to another
Pleadings
Stages in an A Typical Lawsuit
Motion
Federal Rules of Civil Procedure
4. 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
Slander of title
Venue
Motion for judgement as a matter of law
Arbitrability
5. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Opinions
Free exercise clause
Slander of title
6. The principle pleading by the defendant in response to plaintiff's complaint
Reporters
Answer
Contributory negligence
Award
7. 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.
State Jurisdiction
Pleadings
Early neutral case evaluation
Contributory negligence
8. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
positive law
laches
Good samaritan statues
uniform laws
9. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
First Amendment
Strict liability
Jurisdiction
importance of common law
10. A question asked to determine what is true or to what extent something is true
State and Federal Court Systems
Question of fact
Constitutional Law
Bankruptcy courts
11. An example that is used to justify similar occurrences at a later time
Probable cause
Precedent
Direct examination
Independent regulatory agencies
12. 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
Checks and balances
Motion for judgement on the pleadings
Constitutional Law
Search warrant
13. 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
Negligence
Courts of equity
Ninth Amendment
14. 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
Second Amendment
Motion for judgement on the pleadings
Arbitration
importance of common law
15. 1. employee activity within scope of employment 2. employee is negligent
Respondent Superior
Federal Jurisdiction
Stages in an A Typical Lawsuit
Concurrent Jurisdiction
16. The party who appeals a decision of a lower court
Cases on point
laches
Pleadings
Appellant
17. The act of delivering a writ or summons upon someone
Historical school
Service of process
Absolute bar
Petitioner
18. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Filtering software
Cost-benefit analysis
Stages in an A Typical Lawsuit
Disparagement of property
19. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
positive law
Cross-examination
Stages in an A Typical Lawsuit
Equal protection clause
20. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Federal question
Sixth Amendment
Bill of Rights
Opening statements
21. Right to a trial by jury
Seventh Amendment
Negotiation
Rejoinder
Trespass to personal property
22. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
tilitarinism
Trespass to personal property
Complaint
Fifth Amendment
23. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Writ of certiorari
diversity of citizenship
Punitive damages
Alleges
24. 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
Search warrant
Checks and balances
In rem jurisdiction
Cross-examination
25. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
Answer
Alternative dispute resolution
Direct examination
26. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Defenses to negligence
Negotiation
Origins Of Common Law
Symbolic speech
27. 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
Case Precedents and the doctrine of stare decisis
Pleadings
Mini-trial
Ninth Amendment
28. A court will award money or other relief to a party injured by a breach of contract
Summons
Business invitees
Ethical reasoning
Remedies
29. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Public Policy
Writ of execution
Respondent
Filtering software
30. 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
jurisprudence
Legal reasoning
Corporate social responsibility
Litigation
31. 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.
Affirmative defense
uniform laws
Writ of certiorari
Early neutral case evaluation
32. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Rejoinder
Defenses to negligence
Alternative dispute resolution
Third Amendment
33. An act or omission without which an event would not have occurred.
Defense
Causation in fact
Torts(Wrongs)
Question of fact
34. Is strict liability hold a claim if the product or service in question is...
Cyberlaw
abnormally dangerous
Administrative agency
Opinions
35. Economic model that compares the marginal costs and marginal benefits of a decision
Torts(Wrongs)
Cost-benefit analysis
Absolute bar
Direct examination
36. 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
Trade libel
Trespass to land
Origins Of Common Law
Online dispute resolution
37. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Motion for a directed verdict
Summons
Cyberlaw
Online dispute resolution
38. A sum of money paid in compensation for loss or injury
Damages
Opinions
Remedies of Law
Cases on point
39. 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
Common law
Absolute bar
Third Amendment
Federal form of government
40. 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.
Opinions
Administrative agency
State and Federal Court Systems
Res ipsa loquitur
41. 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.
Rule of four
Sixth Amendment
Equal protection clause
In rem jurisdiction
42. Motion to dismiss - motion for judgment on the pleadings - motion of summary judgement(amont others - motion to strike - motion to make more definite and certain - motion for judgement on the pleadings - motion to compel discovery - motion for summar
Equitable maxims
Administrative law
Small Claims courts
Pretrial motions
43. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Bankruptcy courts
Pleadings
Federal Rules of Civil Procedure
Criminal law
44. The body of laws created by legislative statutes
Rule of four
Relevant evidence
Public Policy
Statutory Law
45. Specific length of time an individual can sue for injury resulting from negligence
Early neutral case evaluation
positivist school
Free exercise clause
Statues of limitation
46. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Commerce clause
Probate courts
Opening statements
47. (law) the initial questioning of a witness by the party that called the witness
Writ of certiorari
Historical school
Direct examination
Motion for judgement on the pleadings
48. To confirm priestly authority upon
Probable cause
Public Policy
Free exercise clause
ordinaces
49. A clause in a contract providing for arbitration of disputes arising under the contract
Respondent
Question of fact
Reporters
Arbitration clause
50. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Comparative negligence
Long arm statue
Probate courts
Direct examination