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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. 1. Federal statute 2. Constitution(U.S.) 3. Diversity of Citizenship($75 -000 or more)
Pretrial motions
Federal form of government
Negotiation
Federal Jurisdiction
2. 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
Contributory negligence
Appellee
State Jurisdiction
3. An amendment to the Constitution of the United States guaranteeing the right of free expression
Reporters
Strict product liability
Justicable controversy
First Amendment
4. The process by which the parties in a dispute submit their difference to the judgment of an impartial person or group appointed by mutual consent
Arbitration
Opening statements
Pleadings
Malpractice
5. Discussion with a view to reaching agreement; talking about a conflict where both parties give and take to reach a resolution - without attorneys.
Negotiation
Long arm statue
Venue
Syllogism
6. Everyone in the commercial chain will be liable for the defect. (manafacturer - distrubutor - retailer) *end user is not in the commercial chain.
Cross-examination
In rem jurisdiction
Strict product liability
Venue
7. 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
Fifth Amendment
Writ of execution
State level appeal eligibility
Legal reasoning
8. The First Amendment guarantee that the government will not create and support an official state church
State and Federal Court Systems
Malpractice
establishment clause
Motion
9. A court will award money or other relief to a party injured by a breach of contract
Defense
in personam jurisdiction
Remedies
importance of common law
10. 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
Probable cause
Federal Jurisdiction
Federal form of government
Respondent Superior
11. A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Motion
Res ipsa loquitur
abnormally dangerous
Exclusive Jurisdiction
12. (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
abnormally dangerous
Service of process
Stages in an A Typical Lawsuit
Arbitrability
13. Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Eighth Amendment
Alleges
Alternative dispute resolution
Default judgement
14. Protects you from unreasonable search and seizure of your home and property
Fourth Amendment
Slander of quality
Award
positive law
15. 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.
First Amendment
Criminal law
Writ of certiorari
Filtering software
16. 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)
Cases on point
Concurrent Jurisdiction
State level appeal eligibility
Civil Law
17. A body of rulings made by judges that become part of a nation's legal system
Common law
State level appeal eligibility
Motion
importance of common law
18. 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
Sociological school
Binding authority
in personam jurisdiction
19. (law) the initial questioning of a witness by the party that called the witness
Defense
Historical school
Federal question
Direct examination
20. 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
Trespass to personal property
uniform laws
Checks and balances
21. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence
Statutory Law
Affirmative defense
Contributory negligence
Sixth Amendment
22. A sum of money paid in compensation for loss or injury
Venue
Causation in fact
Business Ethics
Damages
23. The idea that the goal of society should be the greatest happiness for the greatest number of its citizens
Analogy
tilitarinism
Motion for judgement as a matter of law
Opening statements
24. The body of rules and regulations and orders and decisions created by administrative agencies of government
Administrative law
Case Precedents and the doctrine of stare decisis
Areas of Law that may affect business decision making
Malpractice
25. An ethical principle that holds that you should never take any action that infringes on others; agreed-upon rights
Early neutral case evaluation
Principle of rights
Respondent
Natural law
26. Jury selection process of questioning prospective jurors - to ascertain their qualifications and determine any basis for challenge.
Strict product liability
voir dire
Analogy
Business invitees
27. 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
In rem jurisdiction
Strict product liability
Binding authority
breaches
28. A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
importance of common law
Pretrial motions
Writ of certiorari
Assumption of risk
29. Part of the 14th Amendment which guarentees that no state deny basic rights to its people
Writ of execution
due proccess clause
State level appeal eligibility
Negotiation
30. Use deductive reasoning to identify relevant legal rules - applying those rules to to the facts of the case and drawing a conclusion.
Punitive damages
voir dire
Stare Decisis and legal Reasoning
Damages
31. Relieve you of some liability when reasonable care is used
Motion for a new trial
Good samaritan statues
Legal realism
Equal protection clause
32. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
Principle of rights
Absolute bar
Natural law
Constitutional Law
33. The moral principle that behavior should be determined by duty - A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong a person should evaluate the action in terms o
Malpractice
Negotiation
Categorical imperative
Case Precedents and the doctrine of stare decisis
34. A question that had to do with the US Constitution - acts of Congress - or treaties; it provides a basis for federal jurisdiction
Federal question
Appellant
Cyber torts
Justicable controversy
35. 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
In rem jurisdiction
uniform laws
Malpractice
Origins Of Common Law
36. Handle only bankruptcy proceedings - which are governed by federal bankruptcy law
Equitable maxims
Courts of equity
Corporate social responsibility
Bankruptcy courts
37. Economic model that compares the marginal costs and marginal benefits of a decision
Proximate cause
Cost-benefit analysis
First Amendment
Counterclaim
38. The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
jurisprudence
Defense
Comparative negligence
Sociological school
39. An informal term used to refer to all laws governing electronic communications and transactions - particularly those conducted via the Internet.
Filtering software
Natural law
Cyberlaw
fradulent Misrepresentation
40. A defendant's answer or plea denying the truth of the charges against him
Absolute bar
Defense
in personam jurisdiction
Remedies
41. Wrongs
Fourth Amendment
Trespass to personal property
Torts(Wrongs)
Question of law
42. 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.
uniform laws
Fifth Amendment
Privileges and and immunities clause
Relevant evidence
43. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Symbolic speech
Exclusive Jurisdiction
ordinaces
Respondent
44. The act of delivering a writ or summons upon someone
Federal form of government
Service of process
Police powers
ordinaces
45. 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
Police powers
citation
Legal reasoning
State and Federal Court Systems
46. Someone who petitions a court for redress of a grievance or recovery of a right
Precedent
diversity of citizenship
Business Ethics
Petitioner
47. Law that involves the interpretation and application of the U.S. Constitution and state constitutions
Civil Law
Binding authority
Constitutional Law
Motion for judgement as a matter of law
48. 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
Second Amendment
uniform laws
Sixth Amendment
Trespass to land
49. 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
Syllogism
Standing to sue
Bill of Rights
50. Propositions or general statements of equitable rules
Equitable maxims
Business Ethics
Arbitration clause
Assumption of risk