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Test your basic knowledge |
Business Law Fundamentals
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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. A negotiable instrument that is payable 'to the order of an identified person' or 'to an identified person or order.'
e-money
collateral
order instrument
larceny
2. In a lawsuit - an issue that involves only disputed facts - and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).
community property
question of fact
overdraft
executor
3. The passing of title to property from the seller to the buyer for a price.
arson
stale check
sale
certificate of deposit (CD)
4. The acquisition of control over a corporation through the purchase of a substantial number of the voting shares of the corporation.
contract
securities
takeover
floating lien
5. In the employment context - the demanding of sexual favors in return for job promotions or other benefits - or language or conduct that is so sexually offensive that it creates a hostile working environment.
sexual harassment
guarantor
attachment
sales contract
6. A contract or clause that is void on the basis of public policy because one party - as a result of disproportionate bargaining power - is forced to accept terms that are unfairly burdensome and that unfairly benefit the dominating party.
affirmative action
promisor
condemnation
unconscionable contract or clause
7. 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.
ratification
personal defenses
sole proprietorship
lost property
8. A lease executed by the lessee of real estate to a third person - conveying the same interest that the lessee enjoys but for a shorter term than that held by the lessee.
sublease
cross-collateralization
sale or return
drawer
9. The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation - mediation - and arbitration are forms of ADR.
alien corporation
alternative dispute resolution (ADR)
trade dress
sale
10. All employers must verify the employment eligibility and identity of any worker hired in the United States. To comply with the law - employers must complete an I-9 Employment Eligibility Verification Form for all new hires within three business days.
I-9 verification
closed shop
workers' compensation laws
mens rea
11. In regard to the lease of goods - an agreement in which one person (the lessor) agrees to transfer the right to the possession and use of property to another person (the lessee) in exchange for rental payments.
dumping
lease agreement
past consideration
jurisdiction
12. An agreement that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
tenancy at will
draft
stock options
litigation
13. A doctrine providing that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.
impossibility of performance
license
transfer warranties
act of state doctrine
14. Embezzlement; the misappropriation of funds by a party - such as a corporate officer or public official - in a fiduciary relationship with another.
defalcation
acceptor
alternative dispute resolution (ADR)
bailee
15. Property that has physical existence and can be distinguished by the senses of touch or sight. A car is tangible property; a patent right is intangible property.
check
tangible property
I-9 verification
accord and satisfaction
16. A signed writing (record) that contains an unconditional promise or order to pay an exact sum on demand or at an exact future time to a specific person or order - or to bearer.
disparate-impact discrimination
free-writing prospectus
personal defenses
negotiable instrument
17. A lease interest in land for an indefinite period involving payment of rent at fixed intervals - such as week to week - month to month - or year to year.
replevin
collective mark
periodic tenancy
comity
18. The relationship that exists between the promisor and the promisee of a contract.
arbitration
mailbox rule
privity of contract
venture capital
19. 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.
nonpossessory interest
concurrent ownership
abandoned property
pass-through entity
20. Under the UCC - a contract that requires or authorizes delivery in two or more separate lots to be accepted and paid for separately.
business judgment rule
testator
installment contract
merchant
21. A court-ordered correction of a written contract so that it reflects the true intentions of the parties.
ratification
negotiation
trade name
reformation
22. A contractual and statutory process in which one corporation (the surviving corporation) acquires all of the assets and liabilities of another corporation (the merged corporation). The shareholders of the merged corporation either are paid for their
condition subsequent
information
consequential damages
merger
23. Procedurally - a plaintiff's response to a defendant's answer.
reply
Totten trust
impossibility of performance
distribution agreement
24. A person who makes an offer.
limited liability limited partnership (LLLP)
discovery
offeror
express warranty
25. 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
liquidation
browse-wrap terms
correspondent bank
insolvent
26. A significant change in employment status - such as a change brought about by firing or failing to promote an employee - reassigning the employee to a position with significantly different responsibilities - or effecting a significant change in emplo
extension clause
judicial review
tangible employment action
disaffirmance
27. 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).
cure
frustration of purpose
conveyance
risk
28. A distributorship in which the seller and the distributor of the seller's products agree that the distributor will distribute only the seller's products.
I-9 verification
release
exclusive distributorship
third party beneficiary
29. The act of refraining from an action that one has a legal right to undertake.
joint and several liability
forbearance
stock certificate
trade name
30. A clause that allows a payee or other holder of a time instrument to demand payment of the entire amount due - with interest - if a certain event occurs - such as a default in the payment of an installment when due.
acceleration clause
nonpossessory interest
bounty payment
SEC Rule 10b-5
31. State or local laws that prohibit the performance of certain types of commercial activities on Sunday.
motion for judgment on the pleadings
malpractice
blue laws
anticipatory repudiation
32. A network that can be used by persons located (distributed) around the country or the globe to share computer files.
distributed network
stale check
draft
bearer
33. Special damages that compensate for a loss that does not directly or immediately result from the breach (for example - lost profits). For the plaintiff to collect consequential damages - they must have been reasonably foreseeable at the time the brea
scienter
consequential damages
deed
private equity capital
34. A third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed. An incidental beneficiary has no rights in a contract and cannot sue to have the contract enforced.
undisclosed principal
traveler's check
incidental beneficiary
patent
35. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
operating agreement
incidental damages
preference
reaffirmation agreement
36. A contract between an employer and an employee in which the terms and conditions of employment are stated.
motion for judgment n.o.v.
entrustment rule
employment contract
implied warranty of merchantability
37. One who is appointed by a court to handle the probate (disposition) of a person's estate if that person dies intestate (without a valid will) or if the executor named in the will cannot serve.
administrator
clearinghouse
accredited investors
peer-to-peer (P2P) networking
38. An old French phrase meaning 'to speak the truth.' In legal terms - it refers to the process in which the attorneys question prospective jurors to learn about their backgrounds - attitudes - biases - and other characteristics that may affect their ab
voir dire
merchant
holder in due course (HDC)
peer-to-peer (P2P) networking
39. An offer to purchase made by one company directly to the shareholders of another (target) company; sometimes referred to as a takeover bid.
bounty payment
tender offer
proceeds
bilateral mistake
40. The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
bearer
complaint
foreign exchange market
forgery
41. Implied warranties - made by any person who presents an instrument for payment or acceptance - that (1) the person obtaining payment or acceptance is entitled to enforce the instrument or is authorized to obtain payment or acceptance on behalf of a p
commingle
legacy
electronic fund transfer (EFT)
presentment warranties
42. A person who uses one computer to break into another. Professional computer programmers refer to such persons as 'crackers.'
hacker
lessee
recording statutes
default
43. One licensing another (the franchisee) to use the owner's trademark - trade name - or copyright in the selling of goods or services.
franchisor
constructive discharge
appraisal right
venture capital
44. Joint ownership.
identity theft
ratification
franchise
concurrent ownership
45. Treating employees or job applicants unequally on the basis of race - color - national origin - religion - gender - age - or disability; prohibited by federal statutes.
ratification
employment discrimination
prospectus
intestate
46. Any type of written - electronic - or graphic offer that describes the issuing corporation or its securities and includes a legend indicating that the investor can obtain the prospectus at the SEC's Web site.
free-writing prospectus
garnishment
integrated contract
bailee
47. A law permitting a debtor to retain the family home - either in its entirety or up to a specified dollar amount - free from the claims of unsecured creditors or trustees in bankruptcy.
homestead exemption
quota
guarantor
bailor
48. A trust created by the grantor (settlor) and effective during the grantor's lifetime; a trust not established by a will.
security
inter vivos trust
probable cause
concurrent jurisdiction
49. The termination of an obligation. In contract law - discharge occurs when the parties have fully performed their contractual obligations or when other events occur that release the parties from performance. In bankruptcy proceedings - discharge is th
nuncupative will
drawee
discharge
tombstone ad
50. A payee on a negotiable instrument whom the maker or drawer does not intend to have an interest in the instrument. Indorsements by fictitious payees are treated as authorized indorsements under Article 3 of the UCC.
grand jury
inside director
fictitious payee
promisee
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