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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. State statutes that specify how property will be distributed when a person dies intestate (without a valid will); also called statutes of descent and distribution.
presentment
codicil
e-agent
intestacy laws
2. The threshold mental capacity required by law for a party who enters into a contract to be bound by that contract.
contractual capacity
proxy
scienter
fictitious payee
3. Under the UCC - a remedy that allows the buyer or lessee - on the seller's or lessor's breach - to purchase goods from another seller or lessor and substitute them for the goods due under the contract. If the cost of cover exceeds the cost of the con
cover
insolvent
corporation
offeror
4. In contract law - the fulfillment of one's duties arising under a contract with another; the normal way of discharging one's contractual obligations.
performance
diversity of citizenship
peer-to-peer (P2P) networking
abandoned property
5. Any transaction in which the payment of a debt is guaranteed - or secured - by personal property owned by the debtor or in which the debtor has a legal interest.
secured transaction
chattel
confiscation
patent
6. A company whose business activity is holding shares in another company.
holding company
imposter
plea bargaining
takeover
7. A promise or commitment to perform or refrain from performing some specified act in the future.
cyberterrorist
offer
perfection
business judgment rule
8. A signature placed on an instrument for the purpose of transferring one's ownership rights in the instrument.
past consideration
indorsement
prima facie case
conforming goods
9. Under Article 9 of the UCC - any party who owes payment or performance of a secured obligation - whether or not the party actually owns or has rights in the collateral.
implied warranty of fitness for a particular purpose
moral minimum
debtor
frustration of purpose
10. A secondary promise that is ancillary (subsidiary) to a principal transaction or primary contractual relationship - such as a promise made by one person to pay the debts of another if the latter fails to perform. A collateral promise normally must be
prospectus
pass-through entity
S corporation
collateral promise
11. An agreement that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
indorsement
transfer warranties
stock options
business necessity
12. An employer's termination of an employee's employment in violation of the law.
penalty
prospectus
wrongful discharge
contractual capacity
13. The giving of testimony that may subject the testifier to criminal prosecution. The Fifth Amendment to the Constitution protects against self-incrimination by providing that no person 'shall be compelled in any criminal case to be a witness against h
exclusive distributorship
insider trading
self-incrimination
liquidation
14. A joint surety; a person who assumes liability jointly with another surety for the payment of an obligation.
larceny
workers' compensation laws
incidental damages
co-surety
15. The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case - subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a
sale
revocation
plea bargaining
export
16. A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
confiscation
discovery
alienation
license
17. Implied warranties - made by any person who transfers an instrument for consideration to subsequent transferees and holders who take the instrument in good faith - that (1) the transferor is entitled to enforce the instrument; (2) all signatures are
transfer warranties
stored-value card
necessaries
rescission
18. An agreement that can be enforced in court; formed by two or more competent parties who agree - for consideration - to perform or to refrain from performing some legal act now or in the future.
embezzlement
accredited investors
ethical reasoning
contract
19. A court's order - issued after a judgment has been entered against a debtor - directing the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment - accrued
order instrument
consignment
writ of execution
junior lienholder
20. A network of twelve district banks and related branches located around the country and headed by the Federal Reserve Board of Governors. Most banks in the United States have Federal Reserve accounts.
real property
negotiation
agency
Federal Reserve System
21. Embezzlement; the misappropriation of funds by a party - such as a corporate officer or public official - in a fiduciary relationship with another.
promisee
Federal Reserve System
defalcation
acceptance
22. The document filed with the appropriate governmental agency - usually the secretary of state - when a business is incorporated. State statutes usually prescribe what kind of information must be contained in the articles of incorporation.
past consideration
venue
traveler's check
articles of incorporation
23. A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.
undisclosed principal
target corporation
force majeure clause
nominal damages
24. An encumbrance on a property to satisfy a debt or protect a claim for payment of a debt.
vicarious liability
negotiable instrument
deed
lien
25. In the context of bankruptcy - a creditor who has received a preferential transfer from a debtor.
preferred creditor
reaffirmation agreement
prospectus
treaty
26. The practice of marking a document with a date that precedes the actual date. Persons who backdate stock options are picking a date when the stock was trading at a lower price than the date of the options grant.
piercing the corporate veil
charitable trust
backdating
close corporation
27. A form of concurrent ownership of property in which each spouse technically owns an undivided one-half interest in property acquired during the marriage.
community property
collective mark
undisclosed principal
entrapment
28. A court-created doctrine under which a party to a contract will be relieved of her or his duty to perform when the objective purpose for performance no longer exists (due to reasons beyond that party's control).
security agreement
imposter
frustration of purpose
choice-of-language clause
29. An out-of-court agreement between a debtor and creditors in which the parties work out a payment plan or schedule under which the debtor's debts can be discharged.
common stock
bailment
resulting trust
workout
30. The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury.
standing to sue
corporate governance
collateral
third party beneficiary
31. 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.
testate
reaffirmation agreement
premium
limited liability limited partnership (LLLP)
32. Property with which the owner has voluntarily parted - with no intention of recovering it.
disclosed principal
constructive delivery
abandoned property
prenuptial agreement
33. Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender - national origin - and religion - but not race.
sale
cybernotary
express contract
bona fide occupational qualification (BFOQ)
34. The simplest form of business organization - in which the owner is the business. The owner reports business income on his or her personal income tax return and is legally responsible for all debts and obligations incurred by the business.
conforming goods
sole proprietorship
joint and several liability
contractual capacity
35. In criminal procedure - a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth - Fifth - and Sixth Amendments - as well as any evidence derived from illegally obtained evidence -
sovereign immunity
fixed-term tenancy
exclusionary rule
stale check
36. Capital (funds and other assets) provided by professional - outside investors (venture capitalists - usually groups of wealthy investors and investment banks) to start new business ventures.
venture capital
extension clause
implied warranty
condition precedent
37. The legal liability of manufacturers - sellers - and lessors of goods to consumers - users - and bystanders for injuries or damages that are caused by the goods.
emancipation
product liability
voir dire
online dispute resolution (ODR)
38. The relationship that exists between the promisor and the promisee of a contract.
identity theft
draft
per capita
privity of contract
39. A statutory lien on the real property of another - created to ensure payment for work performed and materials furnished in the repair or improvement of real property - such as a building.
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40. A holder who acquires a negotiable instrument for value; in good faith; and without notice that the instrument is overdue - that it has been dishonored - that any person has a defense against it or a claim to it - or that the instrument contains unau
corporate social responsibility
lessor
deed
holder in due course (HDC)
41. The party that initiates a draft (such as a check) - thereby ordering the drawee to pay.
binder
drawer
implied warranty
actus reus
42. Law that pertains to a particular nation (as opposed to international law).
choice-of-language clause
revocation
national law
accredited investors
43. In real property law - the right to enter onto and remove things from the property of another (for example - the right to enter onto a person's land and remove sand and gravel).
profit
standing to sue
e-evidence
expropriation
44. Under Article 9 of the UCC - whatever is received when collateral is sold or otherwise disposed of - such as by exchange.
devisee
testamentary trust
proceeds
foreign corporation
45. The basic document filed with a designated state official by which a limited partnership is formed.
insurable interest
condition subsequent
certificate of limited partnership
domain name
46. A written instrument giving a creditor an interest in (lien on) the debtor's real property as security for payment of a debt.
insurable interest
mortgage
recording statutes
confusion
47. An agreement in which employers voluntarily agree with unions not to handle - use - or deal in other employers' goods that were not produced by union employees; a type of secondary boycott explicitly prohibited by the Labor-Management Reporting and D
hot-cargo agreement
piercing the corporate veil
usury
bequest
48. Funds contained on computer software - in the form of secure programs stored on microchips and on other computer devices.
digital cash
gift causa mortis
recording statutes
drawee
49. The acquisition of title to real property by occupying it openly - without the consent of the owner - for a period of time specified by a state statute. The occupation must be actual - open - notorious - exclusive - and in opposition to all others -
adverse possession
notary public
reaffirmation agreement
testator
50. An offer (by a merchant) that is irrevocable without the necessity of consideration for a stated period of time or - if no definite period is stated - for a reasonable time (neither period to exceed three months). A firm offer by a merchant must be i
firm offer
contract
stored-value card
venture capital