Business Law Study Test

Rules of the Court Room are classified as:

A state Statue of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of _________ laws

The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of:

Which of the following is not a category of private law?

A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of a __________ law.

A state statue requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) _____ law.

The federal government and state governments, although they share a similar structure, have their own unique duties and functions. This division of sovereign power between the state and federal level is called a(n) ___________ separation of powers.

The doctrine of judicial review was first articulated in ______________.

Critical thinking does not require deliberation in analyzing a problem.

Principals of legal reasoning may successfully be applied to solving certain problems related to business strategies.

Legal reasoning has as its goal persuasion without critical analysis of legal questions.

Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases.

Analogical reasoning is different from deductive reasoning

The conclusion follows from the relationship between the major and minor premises.

A syllogism is the style of argument used in deductive reasoning.

Stare Decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning.

The judiciary has the power to do all of the following except:

The function of the grand jury is to___________.

The function of a petit jury is to ________________.

When a grand jury decides there is sufficient evidence to bring someone accused of a crime to trial it issues a(an)

In a jury trial, the judge would decide questions of ____ and the jury would decide questions of _______.

An indictment is _________.

Juvenile court, probate court and traffic court are examples of courts of __________.

The power of a court to hear cases and issue binding decisions is called __________.

The party who loses at trial and brings an appeal is called the appellee.

The party who wins at trial and must defend his win in an appellate court is called the appellee.

To hear a case, courts must have subject matter jurisdiction.

Both the plaintiff and the defendant must have minimum contacts with a state for a court to meet the requirements for personal jurisdiction.

A plaintiff must have minimum contacts with a state in order to file a suit there.

A defendant who wants to have the trial moved to a different geographic locations in the state, because of likely jury prejudice, would ask for a change of venue.

Sue failed to file an answer to respond in any way to a complaint and summons. The court will enter a motion to dismiss against her.

Plaintiffs initiate a civil suit by filling an affidavit with the court that contains the allegations he is making against the defendant.

Marie hired Todd to fix the roof on her porch. After work began, they argued over how long the job was taking and the unexpected extra costs. Todd claimed that unanticipated mold problems and rotten boards were responsible. Without recourse to the courts or to 3rd parties, Marie and Todd worked out a new work and payment schedule acceptable to both. This is an example of resolving a dispute through _________.

Business would rather settle disputes with customers out of court because

In the United States, the great majority of disputes, whether between individuals or businesses, are settled by:

When parties to a dispute work out a solution for themselves without recourse to outside help or the courts, they have resolved the dispute through ________.

The primary purpose of the National Mediation and Conciliation Service is to mediate _____________.

Alice and Jim hired Elegant, Inc. of Long Beach to plan and coordinate their wedding. Alice and Jim were unhappy with the results, claiming that neither the food, flowers, nor the photographs met the standard of the samples they had been shown. Alice and Jim are refusing to pay Elegant the full contract price. The Better Business Bureau of Long Beach sent someone to help the couple and Elegant work out a mutually acceptable solution. The Bureau's representative could only assist in the discussions and make suggestions. This process is an example of:

Which of the following professionals might be members of the American Arbitration Association (AAA)?

A neutral 3rd party who is hired to help parties work through their problems and arrive at a mutually acceptable solution is a(n) ____________.

One function of the Constitution is to protect individual rights by limiting the role of government.

It is the exclusive right of the House of Representatives to approve treaties made by the President.

Judicial review is the power of the courts to review and invalidate legislation that violates the Constitution.

Roe v. Wade is the landmark case in which the Supreme Court decided that federal courts have the power of judicial review.

Arizona cannot have different standards for admitting in-state and out-of-state residents to the practice of medicine because of the Full Faith and Credit Clause.

The police powers of the states refer to their rights to make arrests and try criminals.

The powers of the states are enumerated in Article I, Section 8 of the Constitution.

Federalism is the doctrine that the powers of government are shared between the states and the federal government.

The Privileges and Immunities Clause insures that a citizen of State X cannot be denied access to employment opportunities in State Y based on his state of residency.

Most of the powers of the federal government enumerated in the Constitution are powers shared with the states.