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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. A sum of money paid in compensation for loss or injury
Federal form of government
Reporters
Damages
When constitutional lawz apply
2. (law) the right and power to interpret and apply the law
Motion for judgement as a matter of law
Jurisdiction
Complaint
Ethical reasoning
3. 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
Proximate cause
Civil Law
Syllogism
4. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Res ipsa loquitur
Ninth Amendment
Chancellor
Complaint
5. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Legal realism
State level appeal eligibility
Bankruptcy courts
Answer
6. Federal regulatory agencies that are independent - thus not fully under the power of the president. Ex. Federal Trade Commission - Securities and Exchange Commission.
Independent regulatory agencies
Equal protection clause
Checks and balances
Legal and Equitable Remedies
7. A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
Opinions
diversity of citizenship
Malpractice
Filtering software
8. The body of laws created by legislative statutes
Jurisdiction
Common law
Binding authority
Statutory Law
9. Claims
Alleges
Motion for a directed verdict
Federal form of government
Proximate cause
10. 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.
When constitutional lawz apply
Commerce clause
Second Amendment
Sixth Amendment
11. (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
Statues of limitation
citation
Stages in an A Typical Lawsuit
Res ipsa loquitur
12. Party who defends an appeal
Direct examination
Writ of certiorari
Appellee
Motion for judgement as a matter of law
13. A school of legal thought that views the law as a tool for promoting justice in society.
Writ of execution
Sociological school
Case law
Business invitees
14. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
When constitutional lawz apply
Assumption of risk
Courts of equity
Pretrial motions
15. Propositions or general statements of equitable rules
State Jurisdiction
Equitable maxims
Slander of title
Business Ethics
16. An order to appear in person at a given place and time
Alleges
Rebuttal
Summons
fradulent Misrepresentation
17. 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.
Probable cause
Writ of execution
Motion for a new trial
Criminal law
18. 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
Alternative dispute resolution
Civil Law
Affirmative defense
19. 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.
Commerce clause
Small Claims courts
Good samaritan statues
Trespass to personal property
20. Relieve you of some liability when reasonable care is used
Jurisdiction
In rem jurisdiction
Good samaritan statues
Justicable controversy
21. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Absolute bar
Legal reasoning
Precedent
importance of common law
22. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Petitioner
Closing argument
Eighth Amendment
Mini-trial
23. Precedents are determined under stare decisis. Courts of law and courts or equity have been combined.
Malpractice
importance of common law
Cases on point
Constitutional Law
24. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Sociological school
Writ of certiorari
Probate courts
Full faith and credit clause
25. 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.
Relevant evidence
Equitable maxims
Slander of title
Mini-trial
26. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Legal and Equitable Remedies
Pretrial motions
Motion
Compensatory damages
27. 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
Stare Decisis and legal Reasoning
Standing to sue
Absolute bar
Sociological school
28. Ethical or unethical behaviors by employees in the context of their jobs
Business Ethics
Affirmative defense
Motion for judgement on the pleadings
dram shop acts
29. Assumption of risk - Superseding cause - and contributory and comparative negligence.
Third Amendment
Defenses to negligence
Strict liability
Arbitration
30. The act of delivering a writ or summons upon someone
Punitive damages
Motion for a directed verdict
Service of process
Areas of Law that may affect business decision making
31. 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
State and Federal Court Systems
Direct examination
Arbitration clause
Precedent
32. Right to a trial by jury
Stare Decisis and legal Reasoning
Statues of limitation
due proccess clause
Seventh Amendment
33. 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
Cost-benefit analysis
uniform laws
Syllogism
Criminal law
34. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
tilitarinism
Probable cause
Federal Jurisdiction
Civil Law
35. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Brief
Punitive damages
jurisprudence
Petitioner
36. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
positive law
Constitutional Law
Categorical imperative
Appellee
37. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
In rem jurisdiction
ordinaces
Remedies of Law
38. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Case law
Public Policy
Online dispute resolution
breaches
39. A legal proceeding in a court
Litigation
Seventh Amendment
Pretrial motions
Stare Decisis and legal Reasoning
40. 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.
Fourth Amendment
Alternative dispute resolution
Opening statements
Police powers
41. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
diversity of citizenship
Causation in fact
Res ipsa loquitur
laches
42. A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Stare Decisis and legal Reasoning
Legal realism
Affirmative defense
Eighth Amendment
43. 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
Statues of limitation
Motion for judgement as a matter of law
Online dispute resolution
Arbitrability
44. Violation of a law - duty - or other form of obligation - either by engaging in an action or failing to act
Writ of execution
breaches
Stages in an A Typical Lawsuit
Common law
45. (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Federal question
Complaint
Search warrant
Answer
46. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Appellant
Burden of proof
Contributory negligence
Counterclaim
47. 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
Historical school
Brief
Free exercise clause
Legal and Equitable Remedies
48. 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.
Burden of proof
Reporters
positivist school
Causation in fact
49. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel - the right to confront witnesses - and the right to a speedy and public trial.
Sixth Amendment
Equitable maxims
Binding authority
Sociological school
50. 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
Legal reasoning
Free exercise clause
Statues of limitation
Statutory Law