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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. A provision of the Bankruptcy Code that allows a court to confirm a debtor's Chapter 11 reorganization plan even though only one class of creditors has accepted it.
integrated contract
stock certificate
writ of attachment
cram-down provision
2. 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.
protected class
acceptance
installment contract
tenancy by the entirety
3. A party to whom contractual obligations are transferred - or delegated.
certificate of deposit (CD)
writ of certiorari
foreign corporation
delegatee
4. A hybrid form of business enterprise that offers the limited liability of a corporation and the tax advantages of a partnership.
limited liability company (LLC)
bona fide occupational qualification (BFOQ)
insider trading
delegatee
5. A person who agrees to satisfy the debt of another (the debtor) only after the principal debtor defaults. Thus - a guarantor's liability is secondary.
guarantor
after-acquired property
backdating
fungible goods
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
community property
execution
seasonably
attachment
7. Latin for 'let the master respond.' A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.
respondeat superior
holding company
liquidated damages
exclusive jurisdiction
8. A written promise made by one person (the maker) to pay a fixed amount of money to another person (the payee or a subsequent holder) on demand or on a specified date.
alienation
transfer warranties
gift
promissory note
9. The act of presenting an instrument to the party liable on the instrument to collect payment. Presentment also occurs when a person presents an instrument to a drawee for a required acceptance.
gift
will substitutes
profit
presentment
10. 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
identification
mortgagee
unreasonably dangerous product
11. An unconditional offer to perform an obligation by a person who is ready - willing - and able to do so.
S corporation
ratification
promissory note
tender
12. The law that governs relations among nations. National laws - customs - treaties - and international conferences and organizations are generally considered to be the most important sources of international law.
stored-value card
international law
replevin
floating lien
13. Barred - impeded - or precluded.
browse-wrap terms
estopped
implied warranty of habitability
watered stock
14. In contract law - a voluntary act by the offeree that shows assent - or agreement - to the terms of an offer; may consist of words or conduct. In negotiable instruments law - the drawee's signed agreement to pay a draft when it is presented.
acceptance
implied warranty
executor
cashier's check
15. 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
browse-wrap terms
sales contract
bond
SEC Rule 10b-5
16. Any bank handling an item for collection - except the payor bank.
bankruptcy court
tenancy in common
collecting bank
good faith purchaser
17. A distinctive mark - motto - device - or emblem that a manufacturer stamps - prints - or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the
disparate-treatment discrimination
trademark
consequential damages
nonpossessory interest
18. Under a mortgage agreement - the debtor who gives the creditor a security interest in the debtor's property in return for a mortgage loan.
award
mortgagor
executory contract
insurable interest
19. A legal process used by a creditor to collect a debt by seizing property of the debtor (such as wages) that is being held by a third party (such as the debtor's employer).
certificate of limited partnership
appraisal right
investment contract
garnishment
20. 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.
holographic will
fictitious payee
identity theft
insurable interest
21. The minimum degree of ethical behavior expected of a business firm - which is usually defined as compliance with the law.
purchase-money security interest (PMSI)
offer
moral minimum
revocation
22. A close business corporation that has met certain requirements set out in the Internal Revenue Code and thus qualifies for special income tax treatment. Essentially - an S corporation is taxed the same as a partnership - but its owners enjoy the priv
course of dealing
S corporation
stock certificate
closed shop
23. A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
peer-to-peer (P2P) networking
rule of four
motion for summary judgment
legacy
24. 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.
ethics
void contract
investment contract
sales contract
25. A theory under which the intent to form a contract will be judged by outward - objective facts (what the party said when entering into the contract - how the party acted or appeared - and the circumstances surrounding the transaction) as interpreted
obligor
cure
objective theory of contracts
certification mark
26. In a sale of goods - the express designation of the goods provided for in the contract.
identification
maker
deed
exclusionary rule
27. One to whom goods are entrusted by a bailor.
payee
unenforceable contract
discharge
bailee
28. Joint ownership.
tender
probate
concurrent ownership
articles of organization
29. The principle that human beings have certain fundamental rights (to life - freedom - and the pursuit of happiness - for example). Those who adhere to this 'rights theory' believe that a key factor in determining whether a business decision is ethical
corporate governance
principle of rights
national law
devisee
30. 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 -
constructive eviction
mitigation of damages
franchisor
adverse possession
31. A common law security device (retained in Article 9 of the UCC) in which personal property is transferred into the possession of the creditor as security for the payment of a debt and retained by the creditor until the debt is paid.
pledge
partnership
liquidated debt
notary public
32. A gift of personal property by will (from the verb to bequeath).
bequest
accord and satisfaction
insurable interest
covenant not to sue
33. In bankruptcy proceedings - all of the debtor's interests in property currently held - wherever located - together with certain jointly owned property - property transferred in transactions voidable by the trustee - proceeds and profits from the prop
litigation
secondary boycott
estate in property
artisan's lien
34. A writ from a higher court asking the lower court for the record of a case.
trade name
cyber crime
writ of certiorari
probate
35. 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.
suretyship
mortgagee
union shop
U.S. trustee
36. The right of a person to stand in the place of (be substituted for) another - giving the substituted party the same legal rights that the original party had.
bailment
right of subrogation
confusion
security agreement
37. A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.
civil law system
cashier's check
due diligence
valid contract
38. Mental state - or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus - for murder - the mens rea is the intent to take a lif
mens rea
agency
resulting trust
dividend
39. Under a mortgage agreement - the creditor who takes a security interest in the debtor's property.
artisan's lien
petition in bankruptcy
winding up
mortgagee
40. An estate in realty held by a tenant under a lease. In every leasehold estate - the tenant has a qualified right to possess and/or use the land.
burglary
leasehold estate
limited partner
charitable trust
41. A common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed.
mirror image rule
acceptance
writ of certiorari
appraisal right
42. A mark used in the sale or the advertising of services to distinguish the services of one person from those of others. Titles - character names - and other distinctive features of radio and television programs may be registered as service marks.
due diligence
principle of rights
distribution agreement
service mark
43. Failure to observe a promise or discharge an obligation; commonly used to refer to failure to pay a debt when it is due.
stale check
correspondent bank
default
outside director
44. A card bearing a magnetic strip that holds magnetically encoded data - providing access to stored funds.
choice-of-law clause
exclusionary rule
stored-value card
after-acquired property
45. Drawee that is legally obligated to pay an instrument when it is presented later for payment.
stop-payment order
continuation statement
acceptor
gift
46. 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.
alternative dispute resolution (ADR)
cost-benefit analysis
online dispute resolution (ODR)
sole proprietorship
47. A check that has been accepted in writing by the bank on which it is drawn. Essentially - the bank - by certifying (accepting) the check - promises to pay the check at the time the check is presented.
comity
judicial review
parent-subsidiary merger
certified check
48. An employer's termination of an employee's employment in violation of the law.
wrongful discharge
dissociation
informal contract
clearinghouse
49. Various documents that attempt to dispose of an estate in the same or similar manner as a will - such as trusts or life insurance plans.
scienter
liquidated debt
will substitutes
international organization
50. The right of a party who tenders nonconforming performance to correct that performance within the contract period [UCC 2-508(1)].
warranty deed
stop-payment order
cure
testamentary trust