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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. 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.
Cost-benefit analysis
Writ of execution
Pleadings
Exclusive Jurisdiction
2. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Seventh Amendment
Federal Rules of Civil Procedure
Binding authority
Default judgement
3. Liability without fault. (Strict product liability)
State and Federal Court Systems
Strict liability
Slander of title
Causation in fact
4. In order to bring a lawsuit before a court a party must have a sufficient 'stake' in a matter to justify seeking relief through the court system
Standing to sue
Rebuttal
Negotiation
diversity of citizenship
5. 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.
Alternative dispute resolution
Rules of evidence
Motion for judgement as a matter of law
Administrative agency
6. The power to speak the law.
Burden of proof
Jurisdiction
Negotiation
Early neutral case evaluation
7. An act or omission without which an event would not have occurred.
Causation in fact
Torts(Wrongs)
Summary jury trials
Rules of evidence
8. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Seventh Amendment
Compensatory damages
Full faith and credit clause
Areas of Law that may affect business decision making
9. Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Commerce clause
Rule of four
Writ of execution
Motion for a directed verdict
10. (accident - breach of contract - or other event) > Party consults with Attorney(Initial client interview - signing of retainer agreement) > Informal investigation > Plaintiffs attorney files complaint > Defendant attorney files answer to complaint or
fradulent Misrepresentation
Stages in an A Typical Lawsuit
uniform laws
Criminal law
11. Courts that handle cases that involve less than $5000
Business Ethics
Small Claims courts
Commerce clause
jurisprudence
12. 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
In rem jurisdiction
Categorical imperative
Legal reasoning
Cyber torts
13. 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.
laches
Long arm statue
Negligence
Early neutral case evaluation
14. To be on the land of another without right or permission of the owner
Compensatory damages
diversity of citizenship
Binding authority
Trespass to land
15. 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
abnormally dangerous
Torts(Wrongs)
Pretrial motions
Relevant evidence
16. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
importance of common law
Pretrial motions
Motion for judgement as a matter of law
Opinions
17. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
State and Federal Court Systems
Checks and balances
Respondent
Bill of Rights
18. 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
positivist school
Slander of quality
Legal and Equitable Remedies
Analogy
19. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Courts of equity
Binding authority
Arbitration clause
Syllogism
20. (law) the initial questioning of a witness by the party that called the witness
In rem jurisdiction
Direct examination
establishment clause
Res ipsa loquitur
21. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Courts of equity
tilitarinism
Probate courts
Checks and balances
22. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
fradulent Misrepresentation
Disparagement of property
dram shop acts
Privileges and and immunities clause
23. The publication of false information about another's product - alleging that it is not what its seller claims.
fradulent Misrepresentation
Service of process
Slander of quality
Precedent
24. 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
When constitutional lawz apply
Assumption of risk
Motion for judgement as a matter of law
25. 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
Trespass to personal property
Statutory Law
Third Amendment
Writ of execution
26. The preponderance of evidence which means more likely then not.
Burden of proof
Arbitrability
Business invitees
Opening statements
27. The rules governing the manner in which civil cases are brough in and progress through the federal courts
State Jurisdiction
establishment clause
Federal Rules of Civil Procedure
Slander of quality
28. A question asked to determine what is true or to what extent something is true
Question of fact
Online dispute resolution
Trespass to land
Commerce clause
29. A brief outline of what the defendant and the plaintiff will try to prove.
Bankruptcy courts
Areas of Law that may affect business decision making
Sixth Amendment
Opening statements
30. Law concerned with public wrongs against society
Privileges and and immunities clause
Criminal law
Precedent
Cross-examination
31. 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
Summary jury trials
Assumption of risk
Second Amendment
Search warrant
32. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
laches
Eighth Amendment
Opening statements
Proximate cause
33. Enforcable rules governing relationships among individuals and between individuals and thier society.
Punitive damages
Summary jury trials
Compensatory damages
law
34. Torts committed via the internet
Writ of certiorari
Courts of equity
Cyber torts
Analogy
35. Highest official of a monarch. Granted new an unique remedies.
Writ of execution
Relevant evidence
Remedies
Chancellor
36. 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
ordinaces
Common law
Cyber torts
Negligence
37. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Early neutral case evaluation
Litigation
uniform laws
38. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Full faith and credit clause
Strict product liability
Checks and balances
Motion for a new trial
39. 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.
Sixth Amendment
Privileges and and immunities clause
Business Ethics
Slander of title
40. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Privileges and and immunities clause
Courts of equity
Ninth Amendment
voir dire
41. 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
fradulent Misrepresentation
Venue
breaches
Arbitration
42. Wrongs
Torts(Wrongs)
Federal form of government
Malpractice
Historical school
43. Authority shared by both federal and state courts
Reporters
Slander of quality
Concurrent Jurisdiction
Free exercise clause
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
Remedies
Federal form of government
Criminal law
Contributory negligence
45. 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
Motion for judgement as a matter of law
Origins Of Common Law
Cyber torts
Sixth Amendment
46. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Historical school
Fifth Amendment
Answer
jurisprudence
47. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Analogy
Justicable controversy
Legal and Equitable Remedies
48. A court will award money or other relief to a party injured by a breach of contract
Remedies
abnormally dangerous
Negligence
Cost-benefit analysis
49. 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.
positivist school
Respondent Superior
Cases on point
Commerce clause
50. An amendment to the Constitution of the United States guaranteeing the right of free expression
Cost-benefit analysis
Comparative negligence
Binding authority
First Amendment