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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. An amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Cyber torts
Venue
Fifth Amendment
Contributory negligence
2. A controversey that is not hypotheical or academic but real and substansial; a requirement the must be satisfied before a court will hear a case
Jurisdiction
Justicable controversy
Hearsay
Symbolic speech
3. Formal chancery courts - grant unique remedies. These remedies include specific performance - injunction and rescission.
Strict product liability
Courts of equity
Privileges and and immunities clause
Long arm statue
4. 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
American Arbitration Association
Good samaritan statues
Case law
5. 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.
Exclusive Jurisdiction
Negotiation
Binding authority
Federal Rules of Civil Procedure
6. State statute that permits a state to obtain personal jurisdiction over nonresident defendants
Justicable controversy
Long arm statue
Equal protection clause
Tenth Amendment
7. Three remedies known as land - items of value - or money
State and Federal Court Systems
Remedies of Law
Common law
In rem jurisdiction
8. 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
Business Ethics
Legal and Equitable Remedies
establishment clause
in personam jurisdiction
9. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
Historical school
Motion for a directed verdict
Appellee
law
10. The location where something takes place - esp. a trial
Venue
Case law
Counterclaim
Police powers
11. Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Hearsay
Opening statements
Cyberlaw
Defense
12. 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.
Case Precedents and the doctrine of stare decisis
Direct examination
Justicable controversy
Motion for a new trial
13. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Contributory negligence
Statutory Law
Corporate social responsibility
Legal and Equitable Remedies
14. 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
uniform laws
Contributory negligence
Mini-trial
Probate courts
15. 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.
Absolute bar
Early neutral case evaluation
laches
Disparagement of property
16. 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
Online dispute resolution
Ninth Amendment
Writ of execution
Binding authority
17. 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.
breaches
positivist school
Proximate cause
tilitarinism
18. A sum of money paid in compensation for loss or injury
Constitutional Law
Answer
ordinaces
Damages
19. Ethical or unethical behaviors by employees in the context of their jobs
Arbitrability
Second Amendment
Business Ethics
Proximate cause
20. Set of books containing published court decisions
Reporters
Service of process
Third Amendment
Writ of certiorari
21. A court will award money or other relief to a party injured by a breach of contract
Legal realism
American Arbitration Association
Ninth Amendment
Remedies
22. An order to appear in person at a given place and time
Summons
Disparagement of property
Motion for a directed verdict
Jurisdiction
23. The party who appeals a decision of a lower court
Appellant
Justicable controversy
Fifth Amendment
Jurisdiction
24. 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
Concurrent Jurisdiction
Summary jury trials
Defense
State and Federal Court Systems
25. 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
Stages in an A Typical Lawsuit
Negligence
Rejoinder
Pretrial motions
26. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Arbitration
Small Claims courts
due proccess clause
Categorical imperative
27. An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
Arbitration
Appellee
Closing argument
citation
28. Logical formula consisting of a major premise - a minor premise and a conclusion; deceptive or specious argument
Cyber torts
Syllogism
Malpractice
State and Federal Court Systems
29. 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
Origins Of Common Law
Strict product liability
Respondent Superior
Arbitration clause
30. An act or omission without which an event would not have occurred.
citation
Seventh Amendment
Filtering software
Causation in fact
31. To be on the land of another without right or permission of the owner
Rules of evidence
Alleges
Burden of proof
Trespass to land
32. Contracts - Sales - Negotiable instruments - creditos rights - intellectual property - e-commerce - product liability - torts - agency - business organizations - professional liability - courts and court procedures.
Areas of Law that may affect business decision making
Tenth Amendment
Trade libel
Brief
33. An economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
Disparagement of property
Question of law
importance of common law
Service of process
34. A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Malpractice
Slander of quality
Checks and balances
Cyber torts
35. A doctrine by which equitable relief is denied to one who has waited TOO long to seek relief
laches
Stare Decisis and legal Reasoning
fradulent Misrepresentation
Statutory Law
36. An example that is used to justify similar occurrences at a later time
Statutory Law
Malpractice
Bankruptcy courts
Precedent
37. 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.
Affirmative defense
Alternative dispute resolution
Eighth Amendment
Venue
38. The resolution of disputes wit hthe assitance of organizations that offer disputesresolution services via the internet.
Online dispute resolution
Affirmative defense
Federal form of government
Police powers
39. Automotic appeal based on procedure/law. appeal cannot be made on a error of fact. Car accident example. procedure - wrong court date. law - issue of law is wrong. U.S. Supreme Court appeal is still possible with permission(write of certerori)
When constitutional lawz apply
State Jurisdiction
Federal question
State level appeal eligibility
40. Claims
Negotiation
Alleges
Chancellor
Historical school
41. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
Justicable controversy
Principle of rights
Brief
Punitive damages
42. 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.
Jurisdiction
Summons
Commerce clause
Cyber torts
43. (law) a pleading made by a defendant in response to the plaintiff's replication
Rejoinder
Corporate social responsibility
due proccess clause
Symbolic speech
44. The enumeration in the Constitution - of certain rights - shall not be construed to deny or disparage others retained by the people.
Areas of Law that may affect business decision making
Trade libel
Ninth Amendment
Absolute bar
45. Excessive bail shall not be required - nor excessive fines imposed - nor cruel and unusual punishments inflicted.
Eighth Amendment
fradulent Misrepresentation
Jurisdiction
Statues of limitation
46. Law concerned with private wrongs against individuals
due proccess clause
Bankruptcy courts
Civil Law
Question of fact
47. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Corporate social responsibility
in personam jurisdiction
Award
Stare Decisis and legal Reasoning
48. (civil law) a law established by following earlier judicial decisions
Case law
Federal form of government
voir dire
State and Federal Court Systems
49. The rules governing the manner in which civil cases are brough in and progress through the federal courts
Federal Rules of Civil Procedure
Symbolic speech
Contributory negligence
Appellee
50. The act of delivering a writ or summons upon someone
Slander of title
Symbolic speech
Service of process
Contributory negligence