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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 exchange of promises or an exchange of a promise for a performance.
Goods
Section 12 (a)(1) of the Securities Act
Inadequate warning defect`
Bargained-for-exchange
2. When the product is properly manufactured - but the design poses a danger to consumers. Plaintiff must prove that the manufacturer could have used an alternative design that was still economically feasible
Pleadings
Design defect
Penalty
Contract with intoxicated persons
3. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Complete or total integration
Reliance damages
Clayton Act
Specialized federal courts
4. The standards designed to reduce the presence of pollutants int eh air to levels that are consistent with promoting good health and preserving the environment. States must ensure that they are in compliance with such standards
'due process'
Civil liability
Federal Information Act
National Ambient Air Quality Standards
5. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Excuse of condition
Content-neutral restrictions
Joint obligation
Lien
6. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Multilateral treaties
When an assignment becomes void
Pension Benefit Guaranty Corporation (PBGC)
Consumer protection
7. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Trial court
Occupational Safety and Health Administration (OSHA)
Legal detriment
Penalty
8. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Incidental beneficiary
Fraud
Trial court
Mental incapacity
9. They represent losses that result from other transactions that are dependent upon the breached contract
Consequential damages
Effect of delegation
National Labor Relations Board
Price fixing
10. 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
Specific performance
8-K
Employee Retirement Income Security Act (ERISA)
11. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
Contracts that prohibit assignment
Consequentialism
Demand assurance
Economic waste
12. 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
Stare decisis
Direct damages
Process of appealing a case through the three levels of court
Writ of certiorari
13. Liability extends to ___________ - without the plaintiff needing to proof of reliance or causation. The seller can avoid liability by showing negative causation - the plaintiff knew that the statements in the prospectus at the time of her purchase -
Priority of secured transactions
Any statutory seller
Restatement (Second) of Contracts
Civil Law or Code Law
14. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Economic waste
Duress
Employment discrimination
Specialized federal courts
15. When an offeror terminates his offer before an agreement has been made (can be done through words). It can also be revoked when the offeror takes actions that are inconsistent with the intent to be bound (unless the offeree has paid to keep the offer
'due process'
Exclusive distributor agreements
Trademark
Revocation
16. The person to whom the right is assigned
Non-recoverable damages
Unilateral rescission
Assignee
Domicile
17. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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18. Responsibility of a seller or manufacturer for any defective product unduly threatening personal safety
Investment contracts
Strict liability
Vesting of beneficiary's rights
Market division
19. When the jury retires to a separate room to decide the outcome of the case.
'de nuvo'
Concurrent conflict of interests
Duties that cannot be delegated
Deliberation
20. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Specialized federal courts
Legal capacity
Federal Environmental Pesticide Control Act
Parol Evidence Rule
21. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
Age Discrimination in Employment Act (ADEA)
Employment discrimination
Bilateral contract
Malpractice
22. Legally recognized injury
Civil Law
Taking a contract 'out of the Statute of Frauds'
Injury-in-fact
Mutual rescission
23. 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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24. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Substantial performance
Inadequate warning defect`
Discovery
Legal capacity
25. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
Motion for a more definitive statement
Satisfaction
Environmental Protection Agency (EPA)
Petit jury
26. 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.
Multilateral treaties
Social Security Administration
Product liability
Criminal Law
27. 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.
Group boycotts
Security interest
Misstatement or omission
Unilateral mistake
28. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Expropriation
Defined contribution plan
Ordinances
Judicial review
29. The promisor's failure to perform in accordance with the terms of the contract
Workers compensation laws
Implied terms
Breach
Pregnancy Discrimination ACt
30. 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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31. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Federal district court
Anticipatory repudiation
Writ of habeas corpus
Securities and Exchange Commission
32. 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
Section 7A of the Clayton Act
National Institute for Occupational Health
Administrative law judges
Sham consideration
33. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Section 10(b) and Rule 10b-5 of the Exchange Act
Equal protection
Gift
Goods
34. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
Production quotas
The Council on Environmental Quality
Writ of habeas corpus
Sherman Act
35. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Hung jury
Res judicata
Attachment
Rule 144 of the Securities Act
36. 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'
Implied terms
Substantive unconscionability
Securities and Exchange Commission
Appellant
37. The creditor's right to take possession of the property is called foreclosure
Strict liability
Demand assurance
Foreclosure
Clean Air Act
38. Place of permanent residence
Domicile
Rule 504 of Regulation D of the Securities Act
Summons
Preponderance of evidence
39. 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
Strict liability
Securities Exchange Act of 1934
Who is liable
Subject matter jurisdiction
40. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Post-trial motions
Truth in Lending Act
Rules of interpretation of a contract by a court
Original jurisdiction
41. Created through the Occupational Safety and Health Ac. It is federal administrative agency that works with employers and employees to ensure compliance with workplace safety standards. It requires employers to maintain information on employee acciden
Satisfaction
Remand
Consequentialism
Occupational Safety and Health Administration (OSHA)
42. Securities issued by the federal government - state governments - or any of their subdivision; securities issued by a charitable organization; issued by banks or saving or loan institutions - issued by a receiver or trustee in bankruptcy;. issued wit
Uniform Laws
Assignment of rights
Exempt securities and transactions
'Definite and certain'
43. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
Reporting company
Promisor's rights (in relation to the beneficiary)
Specific performance
Joint obligation
44. It is a judgment notwithstanding the verdict requires the court to find that the evidence does not support the jury's verdict. If the court makes such a finding - it will overturn the jury's verdict.
Trust
Exclusive distributor agreements
Process of appealing a case through the three levels of court
Judgment n.o.v.
45. A classification that includes gender and legitimacy. If the regulation involves quasi-suspect classification - then the courts may apply intermediate scrutiny. Thus - the regulation will be valid so long as it is substantially tailored to meet an im
Liquidated damages clause
Quasi-suspect classification
Employee Retirement Income Security Act (ERISA)
Diversity jurisdiction
46. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Social entity or stakeholder theory of the corporation
Express contract
Rule 504 of Regulation D of the Securities Act
Pregnancy Discrimination ACt
47. The documents that parties file in connection with their lawsuit
Pleadings
'de nuvo'
The Family and Medical Leave Act
General Agreement on Tariffs and Trades
48. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Public company
Summons
Duty to mitigate
Performance
49. 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
Objective standard
Oral argument
Tender offers
50. Treaties between two nations addressing investment concerns
Treaties authority
Bilateral investment treaties
Process of appealing a case through the three levels of court
Option contract