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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. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Cyber torts
Malpractice
Burden of proof
dram shop acts
2. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Exclusive Jurisdiction
Federal question
Syllogism
Damages
3. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
American Arbitration Association
Writ of certiorari
First Amendment
Alternative dispute resolution
4. 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)
State level appeal eligibility
Fifth Amendment
Appellant
Eighth Amendment
5. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
Rules of evidence
laches
Question of law
State and Federal Court Systems
6. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Jurisdiction
Motion for judgement on the pleadings
Complaint
laches
7. An order to appear in person at a given place and time
establishment clause
Concurrent Jurisdiction
Summons
Standing to sue
8. A wrongful act that the actor had no right to do
Malpractice
Slander of quality
jurisprudence
Search warrant
9. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Defense
Answer
Hearsay
Negotiation
10. Three remedies known as land - items of value - or money
Stare Decisis and legal Reasoning
Common law
Slander of title
Remedies of Law
11. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Closing argument
Absolute bar
State Jurisdiction
positivist school
12. A brief outline of what the defendant and the plaintiff will try to prove.
Justicable controversy
Disparagement of property
Opening statements
First Amendment
13. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Ethical reasoning
Punitive damages
Answer
Assumption of risk
14. 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
Privileges and and immunities clause
Appellant
Respondent Superior
Summary jury trials
15. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Affirmative defense
Writ of execution
Free exercise clause
Precedent
16. Supreme Court followed by the U.S. Court of Appeals and The highest state courts. Then followed by federal administrative agencies. U.S. District Courts - Specialized U.S. Courts(bankruptcy courts - court of Federal claims - court of international tr
Default judgement
State and Federal Court Systems
Constitutional Law
Probate courts
17. Wrongs
Torts(Wrongs)
In rem jurisdiction
Writ of certiorari
Symbolic speech
18. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Justicable controversy
Causation in fact
importance of common law
voir dire
19. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Award
Causation in fact
Opinions
Full faith and credit clause
20. A school of legal thought that views the law as a tool for promoting justice in society.
Trespass to land
Precedent
Sociological school
Motion for a new trial
21. The preponderance of evidence which means more likely then not.
Rejoinder
Standing to sue
Defense
Burden of proof
22. 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
Small Claims courts
fradulent Misrepresentation
Arbitration clause
Probate courts
23. (law) the initial questioning of a witness by the party that called the witness
Federal form of government
Burden of proof
Direct examination
When constitutional lawz apply
24. To be on the land of another without right or permission of the owner
Trespass to land
Respondent
Relevant evidence
Remedies
25. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Jurisdiction
Punitive damages
Motion
Fifth Amendment
26. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Causation in fact
Equitable maxims
breaches
Federal Rules of Civil Procedure
27. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Business invitees
breaches
Brief
28. Jurisdiction based on claims against property
Damages
In rem jurisdiction
Federal question
Petitioner
29. Law concerned with private wrongs against individuals
Contributory negligence
Petitioner
Civil Law
Precedent
30. Protects you from unreasonable search and seizure of your home and property
in personam jurisdiction
Federal form of government
Fourth Amendment
voir dire
31. 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.
citation
Appellant
Constitutional Law
Disparagement of property
32. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Administrative law
Natural law
Alleges
Slander of quality
33. A question asked to determine what is true or to what extent something is true
citation
Ninth Amendment
Question of fact
Cross-examination
34. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Federal Jurisdiction
Answer
State Jurisdiction
Federal form of government
35. A clause in a contract providing for arbitration of disputes arising under the contract
Arbitration clause
Comparative negligence
Rejoinder
Answer
36. 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
Mini-trial
Torts(Wrongs)
Probate courts
Negligence
37. 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.
Relevant evidence
Administrative law
Eighth Amendment
Full faith and credit clause
38. The principle pleading by the defendant in response to plaintiff's complaint
Disparagement of property
Public Policy
Answer
Filtering software
39. Drawing a comparison in order to show a similarity in some respect
American Arbitration Association
Federal question
State level appeal eligibility
Analogy
40. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Free exercise clause
State Jurisdiction
Question of fact
Ninth Amendment
41. The location where something takes place - esp. a trial
Rebuttal
Courts of law
law
Venue
42. A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Counterclaim
Torts(Wrongs)
State and Federal Court Systems
Search warrant
43. The act of changing location from one place to another
due proccess clause
Motion
In rem jurisdiction
Disparagement of property
44. 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
Disparagement of property
Principle of rights
Federal form of government
Checks and balances
45. 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.
Negligence
Motion for a directed verdict
Opinions
Administrative law
46. 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
Negligence
dram shop acts
Summons
Motion for a directed verdict
47. Courts that handle cases that involve less than $5000
Small Claims courts
Service of process
Equitable maxims
Fourth Amendment
48. 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
Pretrial motions
Trespass to personal property
Cyber torts
Arbitration
49. 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.
Trespass to personal property
Alternative dispute resolution
Corporate social responsibility
Award
50. Assumption of risk - Superseding cause - and contributory and comparative negligence.
fradulent Misrepresentation
Legal and Equitable Remedies
Defenses to negligence
In rem jurisdiction