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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. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Section 10(b) and Rule 10b-5 of the Exchange Act
Federal Rules of Civil Procedures
Section 12 (a)(1) of the Securities Act
Creditor beneficiary
2. 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
Gramm-Leach-Bliley Act
Section 10(b) and Rule 10b-5 of the Exchange Act
Regulation S of the Securities Act
3. A trivial defect in performance (the opposite of material breach).
Substantial performance
Precedent
Assignor
Regulation D of the Securities Act
4. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Nonexpertized portions
Expropriation
Defenses against liability of misrepresentations or omissions
Contract law
5. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Commencing a lawsuit
Specialized federal courts
Promisor's rights (in relation to the beneficiary)
Federal Trade Commission
6. 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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7. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Restitution and rescission
Section 12(a)(2)
Securities Act Registration
Changed circumstances that allow a party to be excused from performance under the contract
8. Obtaining consumer's private financial information under false pretenses
Examples of Uniform Laws
Counterclaims
Defined benefit plans
Pretexting
9. The obligation to establish his claims first
Burden of proof
Monopoly
Securities and Exchange Commission
Reliance damages
10. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
General Agreement on Tariffs and Trades
Statute of limitations
Intended beneficiary
Substitutes of consideration
11. Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability - which means 'open to punishment for a crime.'
'Ffour corners'
Federal Trade Commission
Revocation
Civil liability
12. Place of permanent residence
Social Security Act
Defenses against liability of misrepresentations or omissions
Domicile
Performance
13. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Uniform Laws
Federal Trade Commission
Statute of limitations
Implied contract
14. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Gramm-Leach-Bliley Act
Employee Retirement Income Security Act (ERISA)
Mental incapacity
Price fixing
15. The principle used by courts when both parties are equally guilty of illegality - or when the party seeking restitution is more at fault than the other party
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16. 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.
Americans with Disabilities Act (ADA)
Defenses against liability of misrepresentations or omissions
Beneficiary's rights
Inadequate warning defect`
17. The party seeking to appeal the previous court's decision
Intended beneficiary
Workers compensation laws
Remand
Appellant
18. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Assignment of rights
Obligor
Statute of limitations
Discharge of contract
19. When the breach is so central to the contract that it significantly impairs the contract's value to the promisee. In this case - the promisee cannot terminate the agreement - but he can sue and suspend his performance.
Jurisdiction
Material breach
Fraud
Gramm-Leach-Bliley Act
20. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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21. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Regulation D of the Securities Act
Res ipsa loquitor
Administrative law judges
Mutual mistake
22. The person being sued
Sherman Act
Defendant
Implied terms
Production quotas
23. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Ordinances
Complete or total integration
Bona fide occupational qualification
Concurrent conflict of interests
24. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Superfund
Bureau of Customs and Border Protection
Fair Debt Collection Act
Procedural unconscionability
25. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Automatic stay
Scienter
Process of appealing a case through the three levels of court
Personal jurisdiction
26. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Market division
Concurrent conflict of interests
Economic waste
Bilateral Investment Treaty program
27. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Administrative Procedure Act
Americans with Disabilities Act (ADA)
Sherman Act
Reliance damages
28. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Judgment n.o.v.
The Family and Medical Leave Act
Strict liability
Concurrent conflict of interests
29. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
General jurisdiction
Reporting company
Pretexting
Organization for Economic Co-operation and Development (OECD)
30. An order prohibiting a party from engaging in certain conduct. A count will only issue an injunction if the damage remedy is inadequate and the injunction is necessary to prevent irreparable harm to the non-breaching party.
National Ambient Air Quality Standards
Civil Law or Code Law
Civil Law
Injunction
31. Misrepresentation that was made with intent
Fraud
Export Administration Act (EAA)
Rule 506 of Regulation D of the Securities Act
Defined contribution plan
32. A condition that cuts off a pre-existing duty
Regulation D of the Securities Act
Condition subsequent
Organization for Economic Co-operation and Development (OECD)
Undue influence
33. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Clayton Act
Civil Law
Economic waste
Res judicata
34. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Priority of secured transactions
National Institute for Occupational Health
Incidental beneficiary
National Labor Relations Act
35. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
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36. 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
Other constituency statutes
Civil Law
Expertised portion
Hung jury
37. When the debtor voluntarily initiates the bankruptcy proceedings
Jurisdiction
10-K
Voluntarily proceeding
Horizontal agreement
38. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Tie-in agreement
Section 12(a)(2)
Gratuitous assignment
Multilateral treaties
39. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Export Administration Regulations (EAR)
Administrative Procedure Act
'Takings'
40. A current report required by the Exchange Act
8-K
Option contract
Any statutory seller
Non-recoverable damages
41. 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
Securities and Exchange Commission
Perfected
Unilateral rescission
Deliberation
42. 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.
Token consideration
Defendant
10-K
Contract
43. 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
Remediation
Utilitarianism
The Family and Medical Leave Act
Writ of habeas corpus
44. 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
Materiality
Partial or trivial breach
Restatement (Second) of Contracts
45. (A form of consequentialism) It is the belief that an action is justified as long as it does the greatest good for the greatest number of people (Advocators: Jeremy Bentham and John Stuart Mill)
National Labor Relations Board (NLRB)
Utilitarianism
Resource Conservation and Recovery Act
10-Q
46. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Trademark
Mistake
Levels of courts
Burden of proof
47. Ethical behavior in terms of its consequences ('the end justifies the means')
Trial court
Title VII of the Civil Rights Act of 1964
Undue influence
Consequentialism
48. It is a promise stated in words - either oral or written.
Domicile
Express contract
Security agreement
Informed consent
49. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Termination of an invitation to make an offer
Chapter 13 of the Code
Restitution and rescission
Gramm-Leach-Bliley Act
50. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Strict liability
Foreign Corrupt Practices Act
Excuse of condition
Reliance