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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. The difference between the value of the property as substantially complete and the value of the property upon full performance
Diminution in value
'Infants' or 'minors'
Standing
Mortgage
2. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
National Labor Relations Board (NLRB)
Reliance
Security interest
Fair Labor Standards Act (FLSA)
3. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Levels of courts
'due process'
National Labor Relations Board (NLRB)
Nonexpertized portions
4. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Uniform Commercial Code ('UCC')
Regulation D of the Securities Act
Attachment
5. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Jurisdiction
Group boycotts
Consequential damages
Uniform Laws
6. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Negative causation
Bureau of Customs and Border Protection
Manufacturing defect
Motion
7. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Unsecured creditor
Objective standard
Federal question jurisdiction
Statutory Seller
8. A security interest is perfected by filing a financing statement - which describes the collateral and the creditor's security interests in the collateral. This serves as a notice to third parties. Perfection can also occur by taking possession or con
Perfected
Other constituency statutes
Petit jury
Rule 505 of Regulation D of the Securities Act
9. 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
Stare decisis
Penalty
Treaties authority
Legal detriment
10. Regulates trusts and monopolies
Federal Trade Commission
Priority of secured transactions
National Labor Relations Board (NLRB)
Appellant
11. It regulates chemical substances
Toxic Substances Control Act
Rule 506 of Regulation D of the Securities Act
Answer
Limited jurisdiction
12. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Revocation
Foreclosure
Substantial performance
Standing
13. An undertaking or commitment to act or refrain from acting in a specified way in the future. There is a 'promisor' and the 'promisee' - and sometimes a 'beneficiary' (someone else who benefits - but is outside the promise)
Occupational Safety and Health Act
Defined contribution plan
Promise
Regulation D of the Securities Act
14. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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15. The Hart-Scot-Rodino Act - which requires corporations to notify FTC and the U.S. Justice Department when they engage in a merger. Mergers are prohibited under the Act if the market related to the merger is substantially concentrated and if - after t
Promise
Section 7A of the Clayton Act
Gramm-Leach-Bliley Act
Exclusive distributor agreements
16. A small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Negative causation
Quasi-suspect classification
Token consideration
Uniform Laws
17. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Procedural unconscionability
National Labor Relations Board (NLRB)
Civil liability
Contracts that prohibit assignment
18. The creditor's security interest in real property
National Labor Relations Act
Proxy
Mortgage
Quasi-suspect classification
19. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Novation
Toxic Substances Control Act
Resource Conservation and Recovery Act
Bilateral treaties
20. Earliest form of a system of laws (first seen in Babylon - 1792 BC). It is a system of laws based on an established code. The modern civil law systems are based on the codes founded in the Roman Empire. Civil law systems are used in France - Spain -
Original jurisdiction
Tender offers
Implied contract
Civil Law or Code Law
21. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Appellate jurisdiction
Unemployment compensation laws
Verdict
Foreclosure
22. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
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23. When a court believes that a contract is so one-sides and unfair that it would be unconscionable to enforce it. (Two different types are substantive and procedural) A contract becomes voidable
Unconscionability
National Treatment
Federal Information Act
Charitable contributions
24. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Duty to mitigate
The Statute of Frauds
Bureau of Consumer Protection
Substitutes of consideration
25. When a party takes back his repudiation and agrees to perform under the contract. Retraction is not valid if the non-repudiating party has materially changed her position in reliance on teh repudiation - or indicated her willingness to treat the repu
Condition concurrent
Promisee's rights
Retraction
The Family and Medical Leave Act
26. Actions designed to permanently reduce the health and safety risk associated with the site.
The Statute of Frauds
Remediation
Unsecured creditor
Consequential damages
27. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Deliberation
Enabling acts
Offer
Demurrer
28. 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
Federal district court
Suspect classification
Domicile
Motion for a more definitive statement
29. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Trust
Assignee
Stare decisis
Prosecution
30. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Market division
Donee beneficiary
Priority of secured transactions
Contract law
31. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Fair Debt Collection Act
Liability based on intentional tort
Regulation S of the Securities Act
Content-neutral restrictions
32. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Inadequate warning defect`
Mutual mistake
Horizontal agreement
Section 701 of the Securities Act
33. Once a beneficiary's rights have vested - she has enforceable claim against the promisee because the promisee's act was gratuitous. The beneficiary's rights arise from the contract between the promisor and the promisee
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34. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Federal Insurance Contributions Act
Chapter 7 of the Code
Regulation A of the Securities Act
Consequentialism
35. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Federal Information Act
Uniform Commercial Code ('UCC')
Securities and Exchange Commission
Implied contract
36. Place of permanent residence
Export Administration Regulations (EAR)
Unconscionability
Domicile
Unemployment compensation laws
37. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Securities and Exchange Commission
10-Q
Intended beneficiary
Process of appealing a case through the three levels of court
38. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Third party beneficiary
Investment contracts
Section 4 of the Securities Act
National Labor Relations Act
39. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Writ of habeas corpus
Federal Rules of Civil Procedures
Federal Information Act
Penalty
40. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Automatic stay
Other constituency statutes
Affirm or disaffirm
Substantial performance
41. 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.
National Ambient Air Quality Standards
Unilateral mistake
Private placement
Utilitarianism
42. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Complete or total integration
Jurisdiction
Common Law
Duty to mitigate
43. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Donee beneficiary
Unconscionability
Price fixing
Limited jurisdiction
44. The first court to consider an action
Original jurisdiction
Chapter 7 of the Code
Occupational Safety and Health Act
Pension Benefit Guaranty Corporation (PBGC)
45. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Employee-at-will
Intended beneficiaries of government contract
Implied contracts
Section 7A of the Clayton Act
46. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Misstatement or omission
Clean Water Act
Examples of Uniform Laws
Tender offers
47. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Assignment of rights
Tie-in agreement
Charitable contributions
Administrative Procedure Act
48. A body of rules and system based on the decisions that judges have made in the past about such cases. It originated in England. In the late 1700s - Sir William Blackstone published 'Commentaries on the Law of England' - which provides the most compre
Americans with Disabilities Act (ADA)
National Labor Relations Board (NLRB)
Priority of secured transactions
Common Law
49. These are approximate damages to show the necessary amount to compensate the party if the breach had not occurred and the contract has been fully performed. Expectation damages are comprise of direct and consequential damages.
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50. Agreements between buyers and sellers - price-related agreements are per se illegal. Such agreements require court scrutiny based on the rule of reason in order to be held illegal.
Vertical agreements
Tie-in agreement
The Social Security Administration
Materiality