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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 trust in which the property held by the trustee must be used for a charitable purpose - such as the advancement of health - education - or religion.
franchisor
secondary boycott
release
charitable trust
2. An agreement between a seller and a buyer who frequently do business with each other concerning the terms and conditions that will apply to all subsequently formed electronic contracts.
mutual fund
partnering agreement
legatee
power of attorney
3. 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.
workout
concurrent jurisdiction
vesting
watered stock
4. 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.
novation
venture capital
franchisee
peer-to-peer (P2P) networking
5. A judgment against a debtor for the amount of a debt remaining unpaid after the collateral has been repossessed and sold.
depositary bank
deficiency judgment
tender
franchise
6. 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.
probate
quasi contract
acceptance
constructive trust
7. The party that is ordered to pay a draft or check. With a check - a bank or a financial institution is always the drawee.
act of state doctrine
hacker
drawee
bailment
8. The failure - without legal excuse - of a promisor to perform the obligations of a contract.
estate in property
operating agreement
breach of contract
hacker
9. Planning that is undertaken to protect one's interest should some event threaten to undermine its security. In the context of insurance - risk management involves transferring certain risks from the insured to the insurance company.
e-agent
joint and several liability
embezzlement
risk management
10. An agreement whose terms are expressed in a document located inside a box in which goods (usually software) are packaged; sometimes called a shrink-wrap license.
tippee
corporate social responsibility
tender of delivery
shrink-wrap agreement
11. An agreement to substitute a contractual obligation for some other type of legal action based on a valid claim.
covenant not to sue
intended beneficiary
investment company
general partner
12. Legal responsibility placed on one person for the acts of another; indirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties.
wrongful discharge
shrink-wrap agreement
vicarious liability
alienation
13. In a contractual agreement - a condition that must be met before a party's promise becomes absolute.
larceny
negotiation
constructive discharge
condition precedent
14. In a sale of goods - the express designation of the goods provided for in the contract.
identification
answer
member
voidable contract
15. 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
trademark
seniority system
traveler's check
money laundering
16. A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.
commercial impracticability
disparate-treatment discrimination
agency
right of reimbursement
17. A court's grant of assistance to a complainant. In bankruptcy proceedings - the order relieves the debtor of the immediate obligation to pay the debts listed in the bankruptcy petition.
order for relief
accord and satisfaction
debtor
international law
18. A type of limited liability partnership owned by family members or fiduciaries of family members.
check
mutual fund
family limited liability partnership (FLLP)
constructive eviction
19. A tax return submitted by a partnership that only reports the income and losses earned by the business. The partnership as an entity does not pay taxes on the income received by the partnership. A partner's profit from the partnership (whether distri
taking
information return
condition subsequent
preference
20. A form of eviction that occurs when a landlord fails to perform adequately any of the duties (such as providing heat in the winter) required by the lease - thereby making the tenant's further use and enjoyment of the property exceedingly difficult or
mailbox rule
constructive eviction
civil law system
abandoned property
21. A group of persons protected by specific laws because of the group's defining characteristics. Under laws prohibiting employment discrimination - these characteristics include race - color - religion - national origin - gender - age - and disability.
protected class
U.S. trustee
payor bank
financing statement
22. 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
lost property
delegator
motion for a directed verdict
23. The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
guarantor
collecting bank
judicial review
dumping
24. 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.
tariff
certified check
breach of contract
constructive trust
25. A person to whom an offer is made.
mens rea
implied warranty of habitability
offeree
operating agreement
26. A transfer of funds with the use of an electronic terminal - a telephone - a computer - or magnetic tape.
security agreement
e-signature
business ethics
electronic fund transfer (EFT)
27. A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.
sovereign immunity
nonpossessory interest
limited liability partnership (LLP)
watered stock
28. The number of members of a decision-making body that must be present before business may be transacted.
working papers
dividend
dumping
quorum
29. A person on the board of directors who is also an officer of the corporation.
inside director
disparate-impact discrimination
usage of trade
information
30. A person who makes an offer.
will substitutes
offeror
long arm statute
insider trading
31. A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a government prosecutor.
predominant-factor test
obligee
S corporation
information
32. A contractual promise of one party to refrain from conducting business similar to that of another party for a certain period of time and within a specified geographic area. Courts commonly enforce such covenants if they are reasonable in terms of tim
reaffirmation agreement
surety
automatic stay
covenant not to compete
33. A bank in which another bank has an account (and vice versa) for the purpose of facilitating fund transfers.
principle of rights
sale
assignee
correspondent bank
34. 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
objective theory of contracts
contract
collateral
guarantor
35. 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.
search warrant
limited liability partnership (LLP)
purchase-money security interest (PMSI)
gift causa mortis
36. The testimony of a party to a lawsuit or a witness taken under oath before a trial.
deposition
policy
bearer instrument
right-to-work law
37. An agreement in which a seller agrees to sell and a buyer agrees to buy all or up to a stated amount of what the seller produces.
choice-of-language clause
promisee
question of fact
output contract
38. One designated in a will to receive a gift of personal property.
legatee
testate
mediation
lessor
39. Defenses that are valid against all holders of a negotiable instrument - including holders in due course (HDCs) and holders with the rights of HDCs.
tenancy in common
search warrant
deposition
universal defenses
40. A will written entirely in the signer's handwriting and usually not witnessed.
certificate of deposit (CD)
testate
charitable trust
holographic will
41. A state statute under which certain types of contracts must be in writing to be enforceable.
right of subrogation
Statute of Frauds
holding company
collecting bank
42. 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
life estate
draft
e-money
consequential damages
43. A lesser crime than a felony - punishable by a fine or incarceration in jail for up to one year.
cashier's check
misdemeanor
lease
offeree
44. The standard of proof used in criminal cases. If there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged - then the verdict must be 'not guilty.'
beyond a reasonable doubt
testate
export
mutual fund
45. An offer to purchase made by one company directly to the shareholders of another (target) company; sometimes referred to as a takeover bid.
novation
duress
tender offer
course of performance
46. Any bank handling an item for collection - except the payor bank.
negotiable instrument
mailbox rule
categorical imperative
collecting bank
47. Rights held by shareholders that entitle them to purchase newly issued shares of a corporation's stock - equal in percentage to shares already held - before the stock is offered to any outside buyers. Preemptive rights enable shareholders to maintain
voidable contract
security interest
lessor
preemptive rights
48. A contract for the sale of goods in which the seller is required or authorized to ship the goods by carrier. The seller assumes liability for any losses or damage to the goods until they are delivered to the carrier.
shipment contract
foreign corporation
eviction
cybersquatting
49. A statement that - if filed within six months prior to the expiration date of the original financing statement - continues the perfection of the original security interest for another five years. The perfection of a security interest can be continued
bilateral contract
S corporation
continuation statement
choice-of-language clause
50. One who - by use of the mails - Internet - telephone - or personal appearance - induces a maker or drawer to issue an instrument in the name of an impersonated payee. Indorsements by imposters are treated as authorized indorsements under Article 3 of
express warranty
necessaries
imposter
click-on agreement