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Test your basic knowledge |
CLEP Introductory Business Law
Start Test
Study First
Subjects
:
clep
,
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. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Intended beneficiary
Expertised portion
Priority of secured transactions
Tie-in agreement
2. Prohibits institutions from discrimination related to credit applications
Equal Credit Opportunity Act
Discovery
Supreme Court powers
Equal protection
3. The creditor's security interest in real property
Employee Retirement Income Security Act (ERISA)
Revocability
Quasi-suspect classification
Mortgage
4. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Uniform Laws
Clayton Act
'due process'
Automatic stay
5. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
8-K
Section 12 (a)(1) of the Securities Act
Market division
Regulation A of the Securities Act
6. Consent after the lawyer has adequately informed the client about the conflict and not only has explained to her the material risk associated with the conflict but also has made available her reasonable alternatives to the proposed conflict
'de nuvo'
Consequential damages
Contracts that prohibit assignment
Informed consent
7. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Gramm-Leach-Bliley Act
Duress
Performance
Federal Insurance Contributions Act
8. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Lanham Act
Complete or total integration
Security agreement
Expectation damages (also known as the 'benefit of the bargain')
9. Rules of ethics that govern the practice of law and the conduct of lawyers
Legal ethics
'in pari delicto'
Social Security Administration
Informed consent
10. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Express contract
United States Bankruptcy Code ('Code')
Changed circumstances that allow a party to be excused from performance under the contract
Revocation
11. Regulates radio - television - and other forms of interstate communications
Grand jury
Federal Communications Commission
Securities Act
Clean Air Act
12. When the debtor voluntarily initiates the bankruptcy proceedings
Environmental Protection Agency
Goods
Voluntarily proceeding
Contracts that prohibit assignment
13. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Section 12(a)(2)
Lanham Act
Securities
Partial or trivial breach
14. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Jurisdiction
Personal jurisdiction
Gratuitous assignment
Ordinances
15. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Federal Rules of Civil Procedures
Legal capacity
Perfected
Collective bargaining
16. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Public company
United States Bankruptcy Code ('Code')
Substantive unconscionability
Federal Insurance Contributions Act
17. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
Vesting of beneficiary's rights
Misappropriation theory
8-K
Indictment
18. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Section 4 of the Securities Act
Resource Conservation and Recovery Act
'meeting of the minds'
Organization for Economic Co-operation and Development (OECD)
19. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
Suspect classification
Securities Act Registration
Liquidated damages clause
Commercial speech
20. Not discriminating against foreign product - thereby treating all products within their border equally
Social Security Administration
Voluntarily proceeding
Strict liability
National Treatment
21. Defenses that would prevent the plaintiff from holding the defendant liable
National Treatment
Affirmative defenses
Quasi-contract
Appellate jurisdiction
22. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Prosecution
Collateral
Legal capacity
Diversity jurisdiction
23. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Section 7A of the Clayton Act
Consideration
Rule 504 of Regulation D of the Securities Act
Mutual mistake
24. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Subject matter jurisdiction
Defined contribution plan
Private placement
Judicial review
25. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Securities and Exchange Commission
Vertical agreements
Equal Pay Act (EPA)
The Social Security Administration
26. The party that won in the previous court trial - but the other party is appealing the decision.
Implied terms
Trademark
10-Q
Appellee or respondent
27. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Bona fide occupational qualification
Legal capacity
Product liability
Attorney/client privilege
28. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Mutual rescission
Defined contribution plan
Supreme Court powers
Unsecured creditor
29. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
Pretexting
Duty to mitigate
The Family and Medical Leave Act
Subjective intent
30. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
'Ffour corners'
Diversity jurisdiction
Supervening illegality
Illusory promise
31. Law that addresses crimes and punishment of crimes - and regulates individual actions so that they follow the socially accepted behavior. Criminal laws represent crimes against society/state.
Gramm-Leach-Bliley Act
Criminal Law
Voluntarily proceeding
Satisfaction
32. It is the right to receive notice of any actions that would deprive a person of life - liberty - or property - and allows for the person to have the opportunity to present a case in a fair procedure before a neutral decision-maker. A clause found in
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33. Both a rejection and termination of the original offer.
Offer
Counteroffer
Liquidated damages clause
The Family and Medical Leave Act
34. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Federal Rules of Civil Procedures
'due process'
The Family and Medical Leave Act
Standing
35. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Consideration
Stare decisis
Substitutes of consideration
National Labor Relations Board
36. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
Obligee
When an assignment becomes void
Nonexpertized portions
Supreme Court powers
37. Prohibits discrimination against certain employees with mental or physical disabilities. It also requires that employers make reasonable accommodations for employees who qualify as disabled under ADA.
Sham consideration
Americans with Disabilities Act (ADA)
Writ of certiorari
Federal Trade Commission (FTC)
38. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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39. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
Precedent
Suspect classification
Federal question jurisdiction
Unemployment compensation laws
40. It is when a promisee is doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
Remand
Anticipatory repudiation
Legal detriment
Motion to strike
41. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Substantial performance
Hung jury
Truth in Lending Act
Undue influence
42. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Rule 12b (6) motion
Writ of certiorari
Foreclosure
Substitutes of consideration
43. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Appellant
Post-trial motions
Lanham Act
Clean Water Act
44. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c
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45. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
'Infants' or 'minors'
Employee-at-will
Implied terms
Accord
46. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
Collective bargaining
Federal Trade Commission (FTC)
Administrative law judges
'Blue sky' laws
47. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
'Blue sky' laws
Federal Information Act
Rule 505 of Regulation D of the Securities Act
Accredited investor
48. An exemption for offerings that occur primarily within one state.
Creditor beneficiary
Social Security Act
Process of assignment
Rule 147 of the Securities Act
49. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Regulation D of the Securities Act
Unilateral contract
Section 12(a)(2)
Foreign Sovereign Immunities Act
50. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Discovery
Foreign Corrupt Practices Act
Federal question jurisdiction
Affirm or disaffirm