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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. Three remedies known as land - items of value - or money
Punitive damages
Privileges and and immunities clause
Equal protection clause
Remedies of Law
2. 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.
Rule of four
Commerce clause
Third Amendment
Causation in fact
3. 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
dram shop acts
Civil Law
fradulent Misrepresentation
Trade libel
4. Ethical or unethical behaviors by employees in the context of their jobs
Fourth Amendment
Hearsay
Business Ethics
laches
5. The courts that awarded compensation back in English Realm
Courts of law
Strict product liability
Trespass to personal property
Absolute bar
6. 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
Courts of law
Federal form of government
When constitutional lawz apply
Fourth Amendment
7. A question asked to determine what is true or to what extent something is true
Question of fact
Appellee
Causation in fact
Bankruptcy courts
8. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Arbitration
Long arm statue
Ethical reasoning
Mini-trial
9. A reference to or a quotation from an authority
Fifth Amendment
Early neutral case evaluation
positive law
citation
10. 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.
Opening statements
Affirmative defense
Pretrial motions
Symbolic speech
11. A wrongful act that the actor had no right to do
Cross-examination
Malpractice
Counterclaim
Second Amendment
12. A brief outline of what the defendant and the plaintiff will try to prove.
law
Opening statements
Bill of Rights
Direct examination
13. 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
abnormally dangerous
Seventh Amendment
Small Claims courts
Arbitrability
14. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Opinions
Concurrent Jurisdiction
Courts of equity
Contributory negligence
15. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Constitutional Law
Courts of equity
Reporters
First Amendment
16. 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
Writ of certiorari
Case law
Principle of rights
State and Federal Court Systems
17. (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
Police powers
Jurisdiction
Compensatory damages
Syllogism
18. Drawing a comparison in order to show a similarity in some respect
Checks and balances
Analogy
Trespass to personal property
State and Federal Court Systems
19. The location where something takes place - esp. a trial
Common law
Trespass to personal property
Venue
Trespass to land
20. 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.
Award
Motion
dram shop acts
Opinions
21. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Negligence
Writ of execution
Stare Decisis and legal Reasoning
Relevant evidence
22. Relieve you of some liability when reasonable care is used
Question of law
Assumption of risk
Good samaritan statues
Venue
23. Jurisdiction based upon claims against a person - in contrast to jurisdiction over the person's property
Ninth Amendment
Question of law
Long arm statue
in personam jurisdiction
24. The party against whom legal action is taken; the party against whom a writ of certiorari is sought.
Respondent
When constitutional lawz apply
Privileges and and immunities clause
Long arm statue
25. Previously decided cases that are as similar as possible to the one under consideration
Areas of Law that may affect business decision making
Seventh Amendment
Affirmative defense
Cases on point
26. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs
Res ipsa loquitur
Business Ethics
Opinions
Legal realism
27. 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.
Second Amendment
Relevant evidence
Binding authority
Sixth Amendment
28. 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.
Direct examination
Proximate cause
Fourth Amendment
Slander of title
29. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Cross-examination
Cases on point
Business Ethics
Fifth Amendment
30. (law) the initial questioning of a witness by the party that called the witness
Direct examination
Third Amendment
Full faith and credit clause
Binding authority
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.
Motion for a new trial
Statues of limitation
Legal realism
Stages in an A Typical Lawsuit
32. Negate the claim of negligence(assumption of risk - superceding intervening clause)
Remedies of Law
Burden of proof
Absolute bar
Third Amendment
33. An amendment to the Constitution of the United States guaranteeing the right of free expression
Rules of evidence
First Amendment
Trespass to personal property
Assumption of risk
34. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Exclusive Jurisdiction
Categorical imperative
Torts(Wrongs)
Administrative agency
35. (law) evidence sufficient to warrant an arrest or search and seizure
Federal Rules of Civil Procedure
Probable cause
Ethical reasoning
Long arm statue
36. Protects you from unreasonable search and seizure of your home and property
Concurrent Jurisdiction
Fourth Amendment
diversity of citizenship
Burden of proof
37. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
fradulent Misrepresentation
Strict product liability
importance of common law
Summary jury trials
38. The body of laws created by legislative statutes
Statutory Law
Case law
In rem jurisdiction
Civil Law
39. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Checks and balances
laches
Bankruptcy courts
Appellant
40. The body of conventional - or written - law of a particular society at a particular point in time.
Defenses to negligence
positive law
Petitioner
Standing to sue
41. Right to a trial by jury
Slander of title
Negligence
Seventh Amendment
Police powers
42. The power to speak the law.
Public Policy
Federal form of government
Jurisdiction
Litigation
43. 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.
Probate courts
Legal realism
Slander of title
Relevant evidence
44. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
fradulent Misrepresentation
Motion for judgement on the pleadings
Federal Jurisdiction
Stare Decisis and legal Reasoning
45. Courts that handle cases that involve less than $5000
Small Claims courts
laches
Standing to sue
Motion for judgement as a matter of law
46. An act or omission without which an event would not have occurred.
Causation in fact
Counterclaim
Brief
citation
47. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Eighth Amendment
due proccess clause
establishment clause
Defense
48. Jurisdiction based on claims against property
Justicable controversy
In rem jurisdiction
Long arm statue
Federal Jurisdiction
49. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Symbolic speech
Disparagement of property
Areas of Law that may affect business decision making
voir dire
50. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
Constitutional Law
law
Cost-benefit analysis
jurisprudence