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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 course of action the government takes in response to an issue or problem as deemed by widely held belief.
Complaint
Punitive damages
Torts(Wrongs)
Public Policy
2. 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.
Pleadings
Courts of equity
State level appeal eligibility
Disparagement of property
3. 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.
Motion for a new trial
Privileges and and immunities clause
Appellant
Filtering software
4. The preponderance of evidence which means more likely then not.
Ninth Amendment
Rejoinder
Burden of proof
Award
5. A court will award money or other relief to a party injured by a breach of contract
American Arbitration Association
Disparagement of property
Good samaritan statues
Remedies
6. A legal proceeding in a court
Business invitees
Writ of execution
Chancellor
Litigation
7. A defendant's answer or plea denying the truth of the charges against him
Precedent
Defense
Negligence
Common law
8. An amendment to the Constitution of the United States guaranteeing the right of free expression
Fourth Amendment
Sociological school
First Amendment
Strict product liability
9. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
When constitutional lawz apply
Closing argument
Principle of rights
Historical school
10. An order to appear in person at a given place and time
Fourth Amendment
Summons
Common law
Cyberlaw
11. The power to speak the law.
Jurisdiction
Probable cause
Ethical reasoning
Probate courts
12. Drawing a comparison in order to show a similarity in some respect
Strict product liability
Trade libel
Analogy
Public Policy
13. 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
law
Torts(Wrongs)
establishment clause
Mini-trial
14. 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
Strict product liability
Arbitrability
Question of law
Courts of law
15. Authority shared by both federal and state courts
Concurrent Jurisdiction
Bankruptcy courts
Stages in an A Typical Lawsuit
Writ of execution
16. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
dram shop acts
Early neutral case evaluation
Origins Of Common Law
Strict product liability
17. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Sixth Amendment
Hearsay
Ninth Amendment
18. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
Damages
Historical school
Cyber torts
Third Amendment
19. 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
First Amendment
In rem jurisdiction
Small Claims courts
fradulent Misrepresentation
20. The party who appeals a decision of a lower court
voir dire
Appellant
Trespass to personal property
Early neutral case evaluation
21. 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
Probate courts
Concurrent Jurisdiction
Cases on point
Legal reasoning
22. Wrongs
Motion for a directed verdict
Alternative dispute resolution
Torts(Wrongs)
Petitioner
23. A body of rulings made by judges that become part of a nation's legal system
Free exercise clause
Areas of Law that may affect business decision making
Arbitrability
Common law
24. 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
Litigation
Police powers
establishment clause
diversity of citizenship
25. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Statutory Law
ordinaces
Courts of equity
26. Law concerned with private wrongs against individuals
Compensatory damages
Writ of certiorari
Civil Law
Symbolic speech
27. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Case law
Natural law
uniform laws
Summary jury trials
28. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
Direct examination
Privileges and and immunities clause
Absolute bar
diversity of citizenship
29. A school of legal thought that views the law as a tool for promoting justice in society.
Service of process
Opinions
Respondent
Sociological school
30. A routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
Case Precedents and the doctrine of stare decisis
Slander of quality
Legal reasoning
Writ of execution
31. Propositions or general statements of equitable rules
fradulent Misrepresentation
Equitable maxims
positive law
Fifth Amendment
32. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Summons
Ninth Amendment
Writ of execution
Burden of proof
33. 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.
Binding authority
Rule of four
Jurisdiction
Public Policy
34. A school of legal thought centered on the assumption that there is no law higher then the laws created by the government. Laws must be obeyed - even if they are unjust - to prevent anarchy.
Question of fact
in personam jurisdiction
positivist school
Alternative dispute resolution
35. The powers not delegated to the United States by the Constitution - nor prohibited by it to the states - are reserved to the states respectively - or to the people.
Binding authority
Business Ethics
Tenth Amendment
Corporate social responsibility
36. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Free exercise clause
dram shop acts
Cross-examination
Legal and Equitable Remedies
37. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Cyber torts
Independent regulatory agencies
Motion for judgement as a matter of law
Respondent
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
Business invitees
Pleadings
In rem jurisdiction
39. 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.
Justicable controversy
Closing argument
Relevant evidence
Checks and balances
40. Someone who petitions a court for redress of a grievance or recovery of a right
Affirmative defense
Proximate cause
Rebuttal
Petitioner
41. The body of laws created by legislative statutes
Relevant evidence
Historical school
Statutory Law
Cross-examination
42. Party who defends an appeal
Seventh Amendment
Appellee
Causation in fact
Cases on point
43. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Negotiation
Assumption of risk
law
Opinions
44. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
Privileges and and immunities clause
Arbitration clause
Strict product liability
45. Previously decided cases that are as similar as possible to the one under consideration
Pleadings
Writ of execution
Cases on point
Disparagement of property
46. 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
Arbitration
Origins Of Common Law
Justicable controversy
Mini-trial
47. (law) the initial questioning of a witness by the party that called the witness
Federal form of government
Direct examination
Strict product liability
Small Claims courts
48. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Filtering software
Free exercise clause
Legal and Equitable Remedies
Opening statements
49. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations
Areas of Law that may affect business decision making
Common law
Summary jury trials
Motion for judgement on the pleadings
50. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Stages in an A Typical Lawsuit
Sixth Amendment
Mini-trial