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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. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Negotiation
Filtering software
Ethical reasoning
Punitive damages
2. 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.
Fifth Amendment
Historical school
Binding authority
abnormally dangerous
3. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
voir dire
Full faith and credit clause
Default judgement
Burden of proof
4. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Alternative dispute resolution
Standing to sue
Alleges
Search warrant
5. The courts that awarded compensation back in English Realm
abnormally dangerous
Closing argument
law
Courts of law
6. 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
Motion for judgement as a matter of law
diversity of citizenship
Categorical imperative
Relevant evidence
7. 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.
Proximate cause
Administrative agency
Early neutral case evaluation
Remedies
8. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Third Amendment
Courts of equity
Causation in fact
breaches
9. A school of legal thought that views the law as a tool for promoting justice in society.
Rule of four
Sociological school
State and Federal Court Systems
Compensatory damages
10. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Complaint
Rules of evidence
Eighth Amendment
Binding authority
11. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
in personam jurisdiction
uniform laws
Legal realism
12. 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.
Comparative negligence
Award
Courts of equity
Strict liability
13. (law) evidence sufficient to warrant an arrest or search and seizure
Public Policy
Probable cause
Comparative negligence
Good samaritan statues
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
Cyberlaw
diversity of citizenship
Summary jury trials
Ethical reasoning
15. (law) the initial questioning of a witness by the party that called the witness
Negotiation
Rebuttal
Punitive damages
Direct examination
16. Judges must abide by precedents in thier jurisdictions.
State Jurisdiction
Jurisdiction
Equal protection clause
Case Precedents and the doctrine of stare decisis
17. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
State Jurisdiction
laches
in personam jurisdiction
Cross-examination
18. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Federal Rules of Civil Procedure
Default judgement
Writ of certiorari
Rejoinder
19. 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
Absolute bar
Motion for a new trial
Justicable controversy
diversity of citizenship
20. A sum of money paid in compensation for loss or injury
Damages
Respondent
Defense
In rem jurisdiction
21. The First Amendment guarantee that the government will not create and support an official state church
establishment clause
Stages in an A Typical Lawsuit
Statues of limitation
Long arm statue
22. 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
Pretrial motions
tilitarinism
Closing argument
Legal and Equitable Remedies
23. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Public Policy
Motion for a directed verdict
Cost-benefit analysis
24. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Public Policy
Brief
Rule of four
Motion for judgement as a matter of law
25. 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
Chancellor
Res ipsa loquitur
Negligence
Pleadings
26. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
When constitutional lawz apply
Free exercise clause
Equitable maxims
ordinaces
27. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Legal realism
Independent regulatory agencies
Police powers
Stare Decisis and legal Reasoning
28. The government may not house soldiers in private homes without consent of the owner
Bill of Rights
Third Amendment
Negotiation
Rebuttal
29. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
When constitutional lawz apply
Commerce clause
Federal form of government
tilitarinism
30. Wrongs
Common law
Remedies of Law
Torts(Wrongs)
Jurisdiction
31. 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.
Probate courts
Natural law
Motion for a new trial
Trespass to personal property
32. An amendment to the Constitution of the United States guaranteeing the right of free expression
Probable cause
First Amendment
Absolute bar
Ethical reasoning
33. A federal - state - or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.
fradulent Misrepresentation
Administrative agency
Third Amendment
Contributory negligence
34. Is strict liability hold a claim if the product or service in question is...
Remedies
abnormally dangerous
Complaint
Pleadings
35. The location where something takes place - esp. a trial
Causation in fact
Motion for a new trial
Exclusive Jurisdiction
Venue
36. A claim filed in opposition to another claim in a legal action
Counterclaim
Exclusive Jurisdiction
fradulent Misrepresentation
Alternative dispute resolution
37. 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.
Respondent
laches
Probate courts
Motion for a directed verdict
38. Inherent powers of state governments to pass laws to protect the public health - safety - and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.
Tenth Amendment
Small Claims courts
Cases on point
Police powers
39. Enforcable rules governing relationships among individuals and between individuals and thier society.
law
positivist school
uniform laws
Rejoinder
40. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Appellee
Strict liability
Syllogism
Fifth Amendment
41. Assumption of risk - Superseding cause - and contributory and comparative negligence.
positivist school
Torts(Wrongs)
Defenses to negligence
Full faith and credit clause
42. 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.
Good samaritan statues
Commerce clause
jurisprudence
Cross-examination
43. To be on the land of another without right or permission of the owner
Free exercise clause
Standing to sue
Equal protection clause
Trespass to land
44. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
Absolute bar
Motion for judgement on the pleadings
Service of process
45. Three remedies known as land - items of value - or money
voir dire
Areas of Law that may affect business decision making
Respondent
Remedies of Law
46. Specific length of time an individual can sue for injury resulting from negligence
Slander of title
Legal reasoning
Statues of limitation
Constitutional Law
47. Contains the courts reasons for its decision - the rules of law that apply - and the judgement
Opinions
In rem jurisdiction
Petitioner
Venue
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
Syllogism
Small Claims courts
Pretrial motions
Opening statements
49. A reference to or a quotation from an authority
Damages
citation
Absolute bar
Cyberlaw
50. An order to appear in person at a given place and time
Summons
Courts of equity
Motion
Commerce clause