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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. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Sixth Amendment
tilitarinism
Writ of certiorari
Absolute bar
2. The party who appeals a decision of a lower court
Award
Appellant
Equitable maxims
Public Policy
3. A court will award money or other relief to a party injured by a breach of contract
Remedies
Trespass to personal property
Slander of title
Bankruptcy courts
4. 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
positive law
Strict liability
fradulent Misrepresentation
ordinaces
5. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Summary jury trials
Alternative dispute resolution
Common law
6. Right to bear arms
Business invitees
Trespass to land
Second Amendment
Fifth Amendment
7. 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
Motion for judgement as a matter of law
Negligence
ordinaces
When constitutional lawz apply
8. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Cyberlaw
Hearsay
Case law
laches
9. Rules governing the admissibility of evidence in trial courts.
Federal Jurisdiction
dram shop acts
Rules of evidence
Ninth Amendment
10. (law) a pleading made by a defendant in response to the plaintiff's replication
Rejoinder
Opinions
Historical school
Proximate cause
11. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
jurisprudence
Counterclaim
Principle of rights
Courts of equity
12. 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.
Respondent
Service of process
Justicable controversy
Proximate cause
13. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Rule of four
Sixth Amendment
State Jurisdiction
Statutory Law
14. 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
Categorical imperative
Administrative agency
Appellee
Filtering software
15. Jurisdiction based on claims against property
tilitarinism
Corporate social responsibility
In rem jurisdiction
Second Amendment
16. An example that is used to justify similar occurrences at a later time
Complaint
Sociological school
Equal protection clause
Precedent
17. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Early neutral case evaluation
Origins Of Common Law
Case law
Long arm statue
18. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Strict product liability
Pleadings
Exclusive Jurisdiction
due proccess clause
19. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Respondent Superior
Comparative negligence
Free exercise clause
Opinions
20. 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)
Cost-benefit analysis
Alleges
State level appeal eligibility
Binding authority
21. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Justicable controversy
Syllogism
Tenth Amendment
Award
22. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Statues of limitation
citation
Res ipsa loquitur
Free exercise clause
23. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Direct examination
Assumption of risk
Federal Jurisdiction
Strict product liability
24. The courts that awarded compensation back in English Realm
breaches
Summons
Ninth Amendment
Courts of law
25. A claim filed in opposition to another claim in a legal action
Probate courts
State level appeal eligibility
Counterclaim
Third Amendment
26. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Arbitrability
Police powers
State Jurisdiction
tilitarinism
27. A reference to or a quotation from an authority
Historical school
citation
Hearsay
Petitioner
28. Right to a trial by jury
Seventh Amendment
Malpractice
fradulent Misrepresentation
State and Federal Court Systems
29. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Writ of execution
Service of process
Federal question
Remedies
30. 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
Standing to sue
Analogy
Case Precedents and the doctrine of stare decisis
Rejoinder
31. Courts that handle cases that involve less than $5000
Free exercise clause
Opinions
Small Claims courts
Corporate social responsibility
32. The act of delivering a writ or summons upon someone
jurisprudence
Tenth Amendment
Privileges and and immunities clause
Service of process
33. Law concerned with private wrongs against individuals
Stages in an A Typical Lawsuit
State level appeal eligibility
Civil Law
State Jurisdiction
34. 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.
Comparative negligence
Cost-benefit analysis
Motion for a directed verdict
Trespass to land
35. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Writ of certiorari
Business invitees
Common law
Negotiation
36. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
dram shop acts
Bill of Rights
Standing to sue
In rem jurisdiction
37. 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
Commerce clause
In rem jurisdiction
Appellant
Ninth Amendment
38. 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
uniform laws
Answer
Petitioner
Punitive damages
39. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Motion for judgement as a matter of law
Case Precedents and the doctrine of stare decisis
First Amendment
Punitive damages
40. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Alternative dispute resolution
Ninth Amendment
Res ipsa loquitur
Award
41. A legal proceeding in a court
Commerce clause
Litigation
Compensatory damages
law
42. 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.
Disparagement of property
Eighth Amendment
Default judgement
Motion for judgement on the pleadings
43. 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
Probate courts
State level appeal eligibility
American Arbitration Association
Chancellor
44. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Causation in fact
Business Ethics
Civil Law
When constitutional lawz apply
45. A condensed written summary or abstract
Probable cause
Brief
Proximate cause
voir dire
46. 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
Justicable controversy
Question of law
Federal question
Rebuttal
47. Relieve you of some liability when reasonable care is used
When constitutional lawz apply
Precedent
Good samaritan statues
Federal Jurisdiction
48. 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
Areas of Law that may affect business decision making
Pretrial motions
Assumption of risk
voir dire
49. (law) evidence sufficient to warrant an arrest or search and seizure
Probable cause
importance of common law
Binding authority
Good samaritan statues
50. A clause in a contract providing for arbitration of disputes arising under the contract
Motion for a new trial
Case Precedents and the doctrine of stare decisis
Arbitration clause
Litigation