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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. Liability without fault. (Strict product liability)
Torts(Wrongs)
Strict liability
Direct examination
Complaint
2. 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
Historical school
Strict product liability
Federal question
3. The body of conventional - or written - law of a particular society at a particular point in time.
diversity of citizenship
positive law
positivist school
Absolute bar
4. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Rule of four
Courts of equity
tilitarinism
Motion for a new trial
5. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Federal question
Venue
Brief
Absolute bar
6. Set of books containing published court decisions
Reporters
Motion for a new trial
positivist school
Case Precedents and the doctrine of stare decisis
7. Claims
Online dispute resolution
importance of common law
Respondent Superior
Alleges
8. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Brief
tilitarinism
Long arm statue
Respondent
9. 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
Summary jury trials
Motion for a new trial
Legal reasoning
Petitioner
10. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Legal reasoning
Case Precedents and the doctrine of stare decisis
Statutory Law
Alternative dispute resolution
11. (law) evidence sufficient to warrant an arrest or search and seizure
establishment clause
Free exercise clause
Direct examination
Probable cause
12. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Fifth Amendment
Hearsay
State level appeal eligibility
State and Federal Court Systems
13. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Precedent
Eighth Amendment
in personam jurisdiction
Commerce clause
14. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
establishment clause
Stare Decisis and legal Reasoning
Eighth Amendment
Opening statements
15. The preponderance of evidence which means more likely then not.
Justicable controversy
Analogy
Motion for a directed verdict
Burden of proof
16. Questioning of a witness during a trial or during the taking of a deposition - by the party opposed to the one who produced the witness.
Cross-examination
Full faith and credit clause
breaches
Fifth Amendment
17. Party who defends an appeal
Appellee
Courts of law
When constitutional lawz apply
Constitutional Law
18. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Syllogism
jurisprudence
voir dire
Rejoinder
19. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Trade libel
Opening statements
Checks and balances
Online dispute resolution
20. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Eighth Amendment
In rem jurisdiction
Strict product liability
law
21. Jurisdiction based on claims against property
Civil Law
Binding authority
In rem jurisdiction
Precedent
22. Relieve you of some liability when reasonable care is used
Absolute bar
Free exercise clause
Good samaritan statues
Venue
23. An order to appear in person at a given place and time
Federal question
Statutory Law
First Amendment
Summons
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
Proximate cause
diversity of citizenship
Mini-trial
Motion for judgement as a matter of law
25. Rules governing the admissibility of evidence in trial courts.
Rules of evidence
Ethical reasoning
Legal and Equitable Remedies
Analogy
26. A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Common law
Statutory Law
Brief
Default judgement
27. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
breaches
Trespass to personal property
importance of common law
Legal realism
28. Ethical or unethical behaviors by employees in the context of their jobs
Business Ethics
Rejoinder
Punitive damages
Online dispute resolution
29. (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
Mini-trial
Punitive damages
Stages in an A Typical Lawsuit
Writ of execution
30. Someone who petitions a court for redress of a grievance or recovery of a right
Petitioner
Sixth Amendment
voir dire
Burden of proof
31. A wrongful act that the actor had no right to do
Malpractice
Opinions
Respondent
Pleadings
32. The act of delivering a writ or summons upon someone
Direct examination
Concurrent Jurisdiction
Service of process
State and Federal Court Systems
33. Law concerned with private wrongs against individuals
establishment clause
Civil Law
Venue
Cases on point
34. The publication of false information about another's product - alleging that it is not what its seller claims.
Online dispute resolution
Affirmative defense
Slander of quality
Exclusive Jurisdiction
35. The First Amendment guarantee that the government will not create and support an official state church
Probate courts
Arbitration clause
establishment clause
Question of fact
36. An example that is used to justify similar occurrences at a later time
tilitarinism
Civil Law
Rejoinder
Precedent
37. The obligation of organization management to make decisions and take actions that will enhance the welfare and interests of society as well as the organization
Long arm statue
Commerce clause
Hearsay
Corporate social responsibility
38. A legal proceeding in a court
Question of fact
Award
Civil Law
Litigation
39. Nonverbal communication - such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
jurisprudence
Business Ethics
Symbolic speech
Equal protection clause
40. 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
Tenth Amendment
Remedies
Arbitrability
Legal and Equitable Remedies
41. The location where something takes place - esp. a trial
Rules of evidence
Civil Law
Criminal law
Venue
42. The government may not house soldiers in private homes without consent of the owner
Appellant
Motion for judgement on the pleadings
Search warrant
Third Amendment
43. Drawing a comparison in order to show a similarity in some respect
Stare Decisis and legal Reasoning
Analogy
Bill of Rights
abnormally dangerous
44. 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
Answer
Standing to sue
State level appeal eligibility
Service of process
45. 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.
Punitive damages
Strict liability
Negotiation
Proximate cause
46. A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
Sociological school
Checks and balances
Ethical reasoning
Binding authority
47. 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.
Probate courts
Syllogism
Absolute bar
Slander of title
48. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Contributory negligence
Writ of certiorari
voir dire
Stages in an A Typical Lawsuit
49. 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.
Case law
Contributory negligence
citation
Early neutral case evaluation
50. 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
Venue
Full faith and credit clause
Cases on point
Tenth Amendment