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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. 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.
Probate courts
Torts(Wrongs)
Question of law
Sixth Amendment
2. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Jurisdiction
tilitarinism
Common law
Disparagement of property
3. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
Remedies
Mini-trial
Motion for judgement on the pleadings
4. Right to bear arms
Second Amendment
Rebuttal
Writ of certiorari
Hearsay
5. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Common law
voir dire
Ethical reasoning
6. 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
Equal protection clause
Trespass to land
Rebuttal
Legal and Equitable Remedies
7. The location where something takes place - esp. a trial
Venue
Rules of evidence
positivist school
Negligence
8. Clause in the Constitution (Article IV - Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Appellee
Justicable controversy
Full faith and credit clause
Standing to sue
9. Rules governing the admissibility of evidence in trial courts.
Cases on point
Direct examination
Legal reasoning
Rules of evidence
10. (law) the right and power to interpret and apply the law
Jurisdiction
Search warrant
Sociological school
Defense
11. 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
Federal question
Seventh Amendment
Summons
12. 1. Resident 2. (while within boundaries of state) 3. Long arm statue.
Commerce clause
Respondent Superior
Natural law
State Jurisdiction
13. The body of rules and regulations and orders and decisions created by administrative agencies of government
Damages
Administrative law
ordinaces
Motion
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
Exclusive Jurisdiction
Arbitration
Second Amendment
Strict product liability
15. Law concerned with private wrongs against individuals
Civil Law
Pleadings
Courts of law
Arbitration
16. A school of legal thought that views the law as a tool for promoting justice in society.
Natural law
Sociological school
Trespass to land
Long arm statue
17. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Ninth Amendment
Free exercise clause
State and Federal Court Systems
Default judgement
18. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
Comparative negligence
Slander of title
Question of fact
Principle of rights
19. Someone who petitions a court for redress of a grievance or recovery of a right
Arbitration clause
When constitutional lawz apply
Petitioner
Affirmative defense
20. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
tilitarinism
Eighth Amendment
Historical school
Respondent Superior
21. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
in personam jurisdiction
positive law
Constitutional Law
Legal and Equitable Remedies
22. (law) evidence sufficient to warrant an arrest or search and seizure
Defense
Equal protection clause
citation
Probable cause
23. An example that is used to justify similar occurrences at a later time
Constitutional Law
Rebuttal
Punitive damages
Precedent
24. 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.
State Jurisdiction
Mini-trial
Affirmative defense
Courts of equity
25. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Negotiation
Assumption of risk
Online dispute resolution
Direct examination
26. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Search warrant
Motion
Strict product liability
Natural law
27. 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.
Respondent Superior
Concurrent Jurisdiction
Slander of title
Cyberlaw
28. 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.
Good samaritan statues
Disparagement of property
Question of law
Burden of proof
29. Right to a trial by jury
Rebuttal
Seventh Amendment
Privileges and and immunities clause
Jurisdiction
30. 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)
Federal Jurisdiction
Hearsay
State level appeal eligibility
Good samaritan statues
31. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Mini-trial
Alleges
Motion for a new trial
Absolute bar
32. 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
Justicable controversy
Administrative law
Third Amendment
33. The course of action the government takes in response to an issue or problem as deemed by widely held belief.
Search warrant
Rejoinder
Rebuttal
Public Policy
34. 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
Origins Of Common Law
Writ of execution
State level appeal eligibility
35. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Appellant
Writ of certiorari
Business invitees
Administrative law
36. A question asked to determine what is true or to what extent something is true
Legal and Equitable Remedies
Cases on point
Federal form of government
Question of fact
37. A clause in a contract providing for arbitration of disputes arising under the contract
Categorical imperative
Arbitration clause
Strict product liability
Arbitration
38. 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 for judgement on the pleadings
tilitarinism
Arbitrability
Punitive damages
39. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Filtering software
Res ipsa loquitur
Privileges and and immunities clause
dram shop acts
40. A claim filed in opposition to another claim in a legal action
Rule of four
Counterclaim
Negligence
Legal reasoning
41. The body of laws created by legislative statutes
Jurisdiction
Disparagement of property
Case Precedents and the doctrine of stare decisis
Statutory Law
42. To be on the land of another without right or permission of the owner
Trespass to land
Rules of evidence
Res ipsa loquitur
importance of common law
43. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
ordinaces
Pleadings
Hearsay
Appellee
44. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.
Question of law
Award
Default judgement
Symbolic speech
45. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Standing to sue
Syllogism
Legal realism
Public Policy
46. 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
Direct examination
in personam jurisdiction
Strict liability
uniform laws
47. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Historical school
Defenses to negligence
Writ of execution
Federal Rules of Civil Procedure
48. 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
Cases on point
Symbolic speech
Negligence
Proximate cause
49. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Equal protection clause
Full faith and credit clause
American Arbitration Association
First Amendment
50. 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.
Direct examination
State level appeal eligibility
Bankruptcy courts
Relevant evidence