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Business Law Test

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. Is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants - the lawsuit will not be successful.






2. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.






3. The principle pleading by the defendant in response to plaintiff's complaint






4. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself






5. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence






6. 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






7. Courts that handle cases that involve less than $5000






8. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.






9. 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






10. 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.






11. (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






12. Wrongs






13. (law) evidence sufficient to warrant an arrest or search and seizure






14. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder






15. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.






16. A school of legal thought that views the law as a tool for promoting justice in society.






17. Economic model that compares the marginal costs and marginal benefits of a decision






18. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff






19. Previously decided cases that are as similar as possible to the one under consideration






20. A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)






21. Contains the courts reasons for its decision - the rules of law that apply - and the judgement






22. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)






23. 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






24. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do






25. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.






26. A court will award money or other relief to a party injured by a breach of contract






27. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.






28. 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






29. On the premises fr the potential financial benefit of the occupier






30. A brief outline of what the defendant and the plaintiff will try to prove.






31. 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.






32. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement






33. 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






34. 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.






35. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.






36. Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.






37. 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.






38. Specific length of time an individual can sue for injury resulting from negligence






39. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power






40. Jurisdiction that exists when a case can be heard only in a particular court or type of court.






41. A legal proceeding in a court






42. Jurisdiction based on claims against property






43. Law that involves the interpretation and application of the U.S. Constitution and state constitutions






44. A major provider of arbitration services






45. 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






46. A question asked to determine what is true or to what extent something is true






47. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.






48. The power to speak the law.






49. 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






50. 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.







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