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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. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Proximate cause
Respondent
Principle of rights
Good samaritan statues
2. To be on the land of another without right or permission of the owner
breaches
Bill of Rights
Summons
Trespass to land
3. Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
Equitable maxims
Absolute bar
dram shop acts
When constitutional lawz apply
4. An example that is used to justify similar occurrences at a later time
Summons
Ninth Amendment
When constitutional lawz apply
Precedent
5. Enforcable rules governing relationships among individuals and between individuals and thier society.
Principle of rights
Defense
Corporate social responsibility
law
6. An amendment to the Constitution of the United States guaranteeing the right of free expression
First Amendment
ordinaces
Litigation
Relevant evidence
7. The First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Free exercise clause
Contributory negligence
Petitioner
Mini-trial
8. 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
Equitable maxims
dram shop acts
Historical school
fradulent Misrepresentation
9. To confirm priestly authority upon
Causation in fact
ordinaces
positive law
Trespass to personal property
10. Is strict liability hold a claim if the product or service in question is...
abnormally dangerous
Torts(Wrongs)
Probable cause
Closing argument
11. A final judgment for one side in a lawsuit without trial when a judge finds based on pleadings - affidavits - and depositions that there is no genuine factual issue in the lawsuit
Motion for judgement on the pleadings
Strict product liability
Reporters
Constitutional Law
12. A motion made by a party - during trial - claiming the opposing party has insufficient evidence to reasonably support its case
Case law
Motion for judgement as a matter of law
Fifth Amendment
voir dire
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.
Early neutral case evaluation
Fifth Amendment
Courts of equity
Motion for a directed verdict
14. Law concerned with public wrongs against society
Strict liability
Criminal law
Rebuttal
Punitive damages
15. 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.
Probable cause
positivist school
Rebuttal
Motion for a directed verdict
16. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
uniform laws
Symbolic speech
Punitive damages
Free exercise clause
17. 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
Defense
Affirmative defense
Respondent Superior
18. Highest official of a monarch. Granted new an unique remedies.
law
fradulent Misrepresentation
Chancellor
Arbitration
19. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Legal reasoning
Federal question
Pretrial motions
Stages in an A Typical Lawsuit
20. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Counterclaim
Eighth Amendment
Malpractice
Free exercise clause
21. A reference to or a quotation from an authority
Appellee
citation
Relevant evidence
Case law
22. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Courts of equity
Motion for judgement as a matter of law
Third Amendment
Negotiation
23. An order to appear in person at a given place and time
Seventh Amendment
Remedies of Law
Summons
Cross-examination
24. 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.
Damages
Police powers
positivist school
Absolute bar
25. 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
Privileges and and immunities clause
Punitive damages
uniform laws
positive law
26. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
In rem jurisdiction
Public Policy
jurisprudence
Assumption of risk
27. (law) evidence sufficient to warrant an arrest or search and seizure
Early neutral case evaluation
Probable cause
Motion
Civil Law
28. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
State level appeal eligibility
tilitarinism
Criminal law
dram shop acts
29. A defendant's answer or plea denying the truth of the charges against him
Appellant
Defense
Sixth Amendment
Question of law
30. Party who defends an appeal
Search warrant
Case Precedents and the doctrine of stare decisis
Summary jury trials
Appellee
31. 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
Federal Rules of Civil Procedure
Public Policy
In rem jurisdiction
Pretrial motions
32. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Constitutional Law
abnormally dangerous
Second Amendment
Cross-examination
33. Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself
Brief
Assumption of risk
Jurisdiction
Exclusive Jurisdiction
34. A brief outline of what the defendant and the plaintiff will try to prove.
Opening statements
Legal realism
In rem jurisdiction
jurisprudence
35. 14th amendment clause that prohibits states from denying equal protection under the law - and has been used to combat discrimination
Standing to sue
Good samaritan statues
Equal protection clause
Remedies of Law
36. A major provider of arbitration services
jurisprudence
When constitutional lawz apply
Torts(Wrongs)
American Arbitration Association
37. 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.
Motion for a new trial
Respondent
Concurrent Jurisdiction
Arbitrability
38. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Full faith and credit clause
Mini-trial
voir dire
law
39. 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
Rebuttal
Federal form of government
Damages
Sixth Amendment
40. Rules governing the admissibility of evidence in trial courts.
Exclusive Jurisdiction
Chancellor
Binding authority
Rules of evidence
41. Right to bear arms
voir dire
State level appeal eligibility
Alternative dispute resolution
Second Amendment
42. Specific length of time an individual can sue for injury resulting from negligence
Statues of limitation
Pleadings
Direct examination
Fifth Amendment
43. 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
fradulent Misrepresentation
Online dispute resolution
diversity of citizenship
Alternative dispute resolution
44. When the matter is between private parties the constitution laws do not apply. Between individuals and government organizations then constitutional laws apply.
Case Precedents and the doctrine of stare decisis
When constitutional lawz apply
Jurisdiction
Small Claims courts
45. Wrongs
Third Amendment
Torts(Wrongs)
Question of law
Summons
46. Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
positivist school
Torts(Wrongs)
Historical school
Writ of execution
47. 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.
Binding authority
Remedies
Hearsay
Assumption of risk
48. 1. employee activity within scope of employment 2. employee is negligent
Causation in fact
Fifth Amendment
Respondent Superior
Tenth Amendment
49. The publication of false information about another's product - alleging it is not what its seller claims; also referred to as slander of quality.
Trade libel
Rule of four
Relevant evidence
Reporters
50. Protects you from unreasonable search and seizure of your home and property
Burden of proof
Fourth Amendment
Pretrial motions
Opening statements