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Business Law Test
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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. 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
Syllogism
Mini-trial
Defenses to negligence
Police powers
2. A sum of money paid in compensation for loss or injury
law
Concurrent Jurisdiction
Damages
Criminal law
3. A basis for federal court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country and citizens of a state of of different states - or (3) citizens of a state and citizens or subjects of a foreign country. The amount
Arbitration clause
Principle of rights
diversity of citizenship
Appellant
4. (law) the initial questioning of a witness by the party that called the witness
Direct examination
due proccess clause
Arbitration
Sixth Amendment
5. Ethical or unethical behaviors by employees in the context of their jobs
breaches
Historical school
Respondent
Business Ethics
6. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Bankruptcy courts
Early neutral case evaluation
Case Precedents and the doctrine of stare decisis
First Amendment
7. The preponderance of evidence which means more likely then not.
Burden of proof
Rebuttal
Administrative law
Tenth Amendment
8. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Arbitrability
Areas of Law that may affect business decision making
Alleges
Comparative negligence
9. Courts that handle cases that involve less than $5000
due proccess clause
When constitutional lawz apply
Full faith and credit clause
Small Claims courts
10. Liability without fault. (Strict product liability)
Opening statements
Cases on point
Free exercise clause
Strict liability
11. 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
Burden of proof
Full faith and credit clause
Categorical imperative
Tenth Amendment
12. 1. employee activity within scope of employment 2. employee is negligent
Arbitration clause
Rejoinder
Respondent Superior
Stages in an A Typical Lawsuit
13. 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.
Precedent
Sixth Amendment
establishment clause
Respondent Superior
14. Specific length of time an individual can sue for injury resulting from negligence
Compensatory damages
Areas of Law that may affect business decision making
Statues of limitation
Administrative agency
15. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Stare Decisis and legal Reasoning
Summary jury trials
citation
Checks and balances
16. 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
Res ipsa loquitur
Administrative law
Legal and Equitable Remedies
Relevant evidence
17. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Damages
Remedies
ordinaces
18. A clause in a contract providing for arbitration of disputes arising under the contract
Cross-examination
Common law
Corporate social responsibility
Arbitration clause
19. 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
Federal form of government
Tenth Amendment
State level appeal eligibility
Motion
20. (law) the right and power to interpret and apply the law
Bankruptcy courts
Jurisdiction
Probate courts
importance of common law
21. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Police powers
Opinions
When constitutional lawz apply
Small Claims courts
22. An order to appear in person at a given place and time
Venue
Motion for judgement as a matter of law
Chancellor
Summons
23. 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.
Statutory Law
Arbitrability
Affirmative defense
Full faith and credit clause
24. An amendment to the Constitution of the United States guaranteeing the right of free expression
Malpractice
Pretrial motions
First Amendment
Cost-benefit analysis
25. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Cyberlaw
Symbolic speech
Cross-examination
Early neutral case evaluation
26. 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.
Bankruptcy courts
Counterclaim
Filtering software
uniform laws
27. 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.
Remedies
Litigation
Binding authority
Motion for a new trial
28. 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.
Cost-benefit analysis
Probable cause
Motion for a directed verdict
Proximate cause
29. Three remedies known as land - items of value - or money
Jurisdiction
Trespass to land
Remedies of Law
Pleadings
30. The First Amendment guarantee that the government will not create and support an official state church
Courts of equity
Defense
establishment clause
Malpractice
31. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Rebuttal
Equal protection clause
Administrative agency
Motion
32. 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.
Disparagement of property
Legal realism
Early neutral case evaluation
Administrative agency
33. (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
Rebuttal
Contributory negligence
Probable cause
Public Policy
34. 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
fradulent Misrepresentation
Probate courts
law
Federal question
35. 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.
Motion
Question of law
Federal form of government
due proccess clause
36. A reference to or a quotation from an authority
Search warrant
citation
Remedies of Law
Federal form of government
37. 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
Historical school
Justicable controversy
Federal Jurisdiction
Criminal law
38. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Constitutional Law
Privileges and and immunities clause
Trespass to land
Alternative dispute resolution
39. Jurisdiction based on claims against property
In rem jurisdiction
Default judgement
Burden of proof
Statutory Law
40. The party who appeals a decision of a lower court
Filtering software
Fifth Amendment
Strict liability
Appellant
41. Economic model that compares the marginal costs and marginal benefits of a decision
Default judgement
Federal form of government
Arbitrability
Cost-benefit analysis
42. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Early neutral case evaluation
Alternative dispute resolution
Counterclaim
Administrative agency
43. To confirm priestly authority upon
Res ipsa loquitur
Case Precedents and the doctrine of stare decisis
ordinaces
Fourth Amendment
44. (civil law) a law established by following earlier judicial decisions
Defense
Syllogism
Historical school
Case law
45. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Respondent Superior
Rejoinder
diversity of citizenship
46. The clause in the Constitution (Article I - Section 8 - Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
American Arbitration Association
Fourth Amendment
Commerce clause
Statutory Law
47. Drawing a comparison in order to show a similarity in some respect
due proccess clause
Good samaritan statues
Analogy
Pretrial motions
48. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Areas of Law that may affect business decision making
Assumption of risk
positive law
Ethical reasoning
49. 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.
Federal Jurisdiction
Motion for a new trial
Mini-trial
Binding authority
50. Someone who petitions a court for redress of a grievance or recovery of a right
Disparagement of property
In rem jurisdiction
Petitioner
Punitive damages
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