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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. A claim filed in opposition to another claim in a legal action
Second Amendment
Counterclaim
Petitioner
Malpractice
2. Courts that handle cases that involve less than $5000
Privileges and and immunities clause
Stare Decisis and legal Reasoning
Cost-benefit analysis
Small Claims courts
3. An act or omission without which an event would not have occurred.
Commerce clause
Fourth Amendment
Jurisdiction
Causation in fact
4. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
Torts(Wrongs)
Probable cause
Remedies
5. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Strict product liability
Syllogism
jurisprudence
dram shop acts
6. A court will award money or other relief to a party injured by a breach of contract
Commerce clause
Slander of quality
Remedies
Historical school
7. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Arbitration
Bankruptcy courts
Origins Of Common Law
Online dispute resolution
8. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Defense
Trade libel
Second Amendment
Motion for a new trial
9. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
due proccess clause
Eighth Amendment
Principle of rights
Strict liability
10. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
voir dire
Fifth Amendment
Courts of law
breaches
11. A defendant's answer or plea denying the truth of the charges against him
Remedies
Business invitees
Trespass to land
Defense
12. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Default judgement
Writ of certiorari
Punitive damages
Principle of rights
13. Jurisdiction based on claims against property
Compensatory damages
In rem jurisdiction
Precedent
Commerce clause
14. Law concerned with private wrongs against individuals
Slander of title
State level appeal eligibility
Civil Law
Business invitees
15. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.
Malpractice
Cyber torts
Absolute bar
Motion for a new trial
16. 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.
Legal reasoning
Motion for a new trial
Disparagement of property
Rebuttal
17. 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
Motion for judgement on the pleadings
Direct examination
Pleadings
Default judgement
18. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Proximate cause
Ninth Amendment
Federal Jurisdiction
Public Policy
19. An amendment to the Constitution of the United States guaranteeing the right of free expression
Stages in an A Typical Lawsuit
State and Federal Court Systems
First Amendment
Bankruptcy courts
20. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Exclusive Jurisdiction
Historical school
Alternative dispute resolution
Comparative negligence
21. 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
Rebuttal
Origins Of Common Law
Sociological school
Strict product liability
22. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Appellant
Equal protection clause
Contributory negligence
Administrative law
23. 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
Motion
Defense
Case Precedents and the doctrine of stare decisis
Arbitrability
24. 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.
Disparagement of property
Jurisdiction
Motion for a directed verdict
Respondent Superior
25. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Motion for judgement as a matter of law
Rule of four
Syllogism
26. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
Cost-benefit analysis
Legal realism
Tenth Amendment
27. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Public Policy
Strict product liability
Criminal law
Trespass to land
28. Is strict liability hold a claim if the product or service in question is...
Direct examination
abnormally dangerous
Justicable controversy
Trespass to land
29. 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
Case Precedents and the doctrine of stare decisis
Trespass to land
In rem jurisdiction
Jurisdiction
30. 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
abnormally dangerous
State and Federal Court Systems
Cases on point
Tenth Amendment
31. 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.
Counterclaim
Syllogism
citation
Cross-examination
32. Torts committed via the internet
Cyber torts
Motion
Litigation
Hearsay
33. 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.
Sixth Amendment
Cyberlaw
Federal question
Administrative law
34. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Trespass to personal property
Torts(Wrongs)
Case law
35. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Trespass to land
Eighth Amendment
Symbolic speech
Alternative dispute resolution
36. A condensed written summary or abstract
Brief
Service of process
Motion for a new trial
Comparative negligence
37. Propositions or general statements of equitable rules
Equitable maxims
Stages in an A Typical Lawsuit
voir dire
Independent regulatory agencies
38. A clause in a contract providing for arbitration of disputes arising under the contract
Cases on point
Bankruptcy courts
Arbitration clause
Standing to sue
39. The body of laws created by legislative statutes
Statutory Law
In rem jurisdiction
Legal reasoning
Commerce clause
40. 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
Stages in an A Typical Lawsuit
Answer
Comparative negligence
41. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Administrative law
Defenses to negligence
Legal realism
Criminal law
42. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Symbolic speech
Bankruptcy courts
Appellee
Ninth Amendment
43. 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
Question of law
Legal and Equitable Remedies
Precedent
Arbitration
44. (law) the right and power to interpret and apply the law
Question of law
citation
Cross-examination
Jurisdiction
45. 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.
voir dire
Eighth Amendment
Privileges and and immunities clause
Binding authority
46. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Statues of limitation
Cyberlaw
Business invitees
Public Policy
47. 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 and Equitable Remedies
diversity of citizenship
fradulent Misrepresentation
Origins Of Common Law
48. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Strict product liability
Bankruptcy courts
Reporters
Administrative law
49. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Probate courts
Principle of rights
Business invitees
Probable cause
50. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Constitutional Law
Causation in fact
Summons
State Jurisdiction