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Test your basic knowledge |
Business Law Fundamentals
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. In securities law - a transaction in which a person invests in a common enterprise with the reasonable expectation that profits will be derived primarily from the efforts of others.
investment contract
concurrent ownership
close corporation
alienation
2. A legal entity formed in compliance with statutory requirements that is distinct from its shareholder-owners.
incidental damages
preferred stock
extension clause
corporation
3. An ownership interest in land in which the owner has the greatest possible aggregation of rights - privileges - and power. Ownership in fee simple absolute is limited absolutely to a person and her or his heirs.
power of attorney
sales contract
consideration
fee simple absolute
4. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
pleadings
proceeds
alienation
mortgagor
5. A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
motion for judgment on the pleadings
prospectus
litigation
vesting
6. In a secured transaction - the process by which a secured creditor's interest 'attaches' to the property of another (collateral) and the creditor's security interest becomes enforceable. In the context of judicial liens - a court-ordered seizure and
holographic will
rule of four
attachment
executed contract
7. A fictional contract imposed on the parties by a court in the interests of fairness and justice; usually imposed to avoid the unjust enrichment of one party at the expense of another.
Federal Reserve System
right of reimbursement
attachment
quasi contract
8. Any practice or method of dealing having such regularity of observance in a place - vocation - or trade as to justify an expectation that it will be observed with respect to the transaction in question.
usage of trade
exculpatory clause
trade secret
duress
9. As a noun - a person having a duty created by his or her undertaking to act primarily for another's benefit in matters connected with the undertaking. As an adjective - a relationship founded on trust and confidence.
fiduciary
Totten trust
special warranty deed
suretyship
10. A business entity that has no tax liability. The entity's income is passed through to the owners - and the owners pay taxes on the income.
preemptive rights
devisee
affirmative action
pass-through entity
11. A firm that requires all workers - once employed - to become union members within a specified period of time as a condition of their continued employment.
constructive trust
fixed-term tenancy
right of reimbursement
union shop
12. A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services.
predominant-factor test
forum-selection clause
incidental damages
insurable interest
13. An employer's termination of an employee's employment in violation of the law.
online dispute resolution (ODR)
wrongful discharge
deposition
cram-down provision
14. An agreement between a debtor and a creditor in which the debtor voluntarily agrees to pay - or reaffirm - a debt dischargeable in bankruptcy. To be enforceable - the agreement must be made before the debtor is granted a discharge.
reaffirmation agreement
property
performance
gift causa mortis
15. In insurance law - the insurer - or the one assuming a risk in return for the payment of a premium.
consideration
automatic stay
underwriter
forum-selection clause
16. A transfer of funds with the use of an electronic terminal - a telephone - a computer - or magnetic tape.
condition subsequent
security interest
electronic fund transfer (EFT)
writ of attachment
17. Terms and conditions of use that are presented to an Internet user at the time certain products - such as software - are being downloaded but that need not be agreed to (by clicking 'I agree -' for example) before the user is able to install or use t
larceny
nuncupative will
browse-wrap terms
fixture
18. A question that pertains to the U.S. Constitution - acts of Congress - or treaties. A federal question provides a basis for federal jurisdiction.
real property
risk
federal question
bailment
19. Defenses that are valid against all holders of a negotiable instrument - including holders in due course (HDCs) and holders with the rights of HDCs.
minimum wage
close corporation
executory contract
universal defenses
20. A method of settling disputes outside of court by using the services of a neutral third party - who acts as a communicating agent between the parties and assists them in negotiating a settlement.
tariff
mediation
burglary
preference
21. A company whose business activity is holding shares in another company.
holding company
summons
e-signature
domain name
22. Shares of ownership in a corporation that give the owner of the stock a proportionate interest in the corporation with regard to control - earnings - and net assets. Shares of common stock are lowest in priority with respect to payment of dividends a
liquidation
misdemeanor
common stock
workers' compensation laws
23. Property that cannot be seen or touched but exists only conceptually - such as corporate stocks and bonds - patents and copyrights - and ordinary contract rights. Article 2 of the UCC does not govern intangible property.
intangible property
emancipation
proxy
sales contract
24. Reasonable grounds for believing that a person should be arrested or searched.
securities
transfer warranties
bailee
probable cause
25. All forms of personal property.
third party beneficiary
agency
chattel
promisor
26. The joint ownership of property by a husband and wife. Neither party can transfer her or his interest in the property without the consent of the other.
privity of contract
tenancy by the entirety
partnering agreement
discharge
27. Land and everything attached to it - such as trees and buildings.
covenant not to compete
insider trading
real property
property
28. A security interest that arises when a seller or lender extends credit for part or all of the purchase price of goods purchased by a buyer.
purchase-money security interest (PMSI)
larceny
e-contract
mortgagee
29. An assertion that something either will or will not happen in the future.
confusion
condition
offer
promise
30. In a secured transaction - the process by which a secured creditor's interest 'attaches' to the property of another (collateral) and the creditor's security interest becomes enforceable. In the context of judicial liens - a court-ordered seizure and
execution
attachment
constructive trust
co-surety
31. A judgment against a debtor for the amount of a debt remaining unpaid after the collateral has been repossessed and sold.
browse-wrap terms
deficiency judgment
corporate social responsibility
adhesion contract
32. The testimony of a party to a lawsuit or a witness taken under oath before a trial.
deposition
browse-wrap terms
motion for summary judgment
brief
33. The legal right of a person to be restored - repaid - or indemnified for costs - expenses - or losses incurred or expended on behalf of another.
dumping
bailment
bailor
right of reimbursement
34. The obtaining of funds by legal process through the seizure and sale of nonsecured property - usually done after a writ of execution has been issued.
levy
traveler's check
automatic stay
watered stock
35. The act of transferring to another all or part of one's rights arising under a contract.
sublease
bequest
collecting bank
assignment
36. The creation of an absolute or unconditional right or power.
trade name
discovery
arbitration
vesting
37. A Latin term meaning 'by the roots.' In estate law - a method of distributing an intestate's estate so that each heir in a certain class (such as grandchildren) takes the share to which her or his deceased ancestor (such as a mother or father) would
entrustment rule
mediation
per stirpes
service mark
38. The party that initiates a draft (such as a check) - thereby ordering the drawee to pay.
homestead exemption
computer crime
blue sky laws
drawer
39. The purchase or sale of securities on the basis of inside information (information that has not been made available to the public).
overdraft
concurrent jurisdiction
insider trading
business judgment rule
40. The geographic district in which a legal action is tried and from which the jury is selected.
surety
SEC Rule 10b-5
covenant not to compete
venue
41. A person who receives inside information.
fee simple absolute
abandoned property
course of performance
tippee
42. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
record
impossibility of performance
incidental damages
choice-of-language clause
43. A check that is paid by the bank when the checking account on which the check is written contains insufficient funds to cover the check.
prima facie case
bearer instrument
overdraft
dissolution
44. A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.
order for relief
sovereign immunity
limited liability company (LLC)
condemnation
45. A contract for the sale of goods under which the ownership of goods is transferred from a seller to a buyer for a price.
shipment contract
intended beneficiary
entrapment
sales contract
46. One who promises to pay a fixed amount of money to the holder of a promissory note or a certificate of deposit (CD).
closed shop
preemptive rights
maker
accredited investors
47. Property with which the owner has voluntarily parted and then cannot find or recover.
distribution agreement
motion for summary judgment
bilateral mistake
mislaid property
48. Co-ownership of property in which each party owns an undivided interest that passes to her or his heirs at death.
right of reimbursement
informal contract
insurable interest
tenancy in common
49. A trust created by the grantor (settlor) and effective during the grantor's lifetime; a trust not established by a will.
inter vivos trust
breach of contract
mitigation of damages
cease-and-desist order
50. A federal court of limited jurisdiction that handles only bankruptcy proceedings - which are governed by federal bankruptcy law.
bankruptcy court
exclusive distributorship
entrustment rule
parol evidence rule