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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. 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
Federal district court
Stare decisis
Attachment
Unconscionability
2. 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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3. Inadequate warning of danger - which can be construed as a design defect
Inadequate warning defect`
'Mailbox' rule
Incidental beneficiary
National Ambient Air Quality Standards
4. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Pre-existing duty
Equal Employment Opportunity Commission (EEOC)
Occupational Safety and Health Act
General Agreement on Tariffs and Trades
5. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Specific performance
Civil Law or Code Law
Monopoly
6. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
Strict liability
Goods
Enabling acts
Diversity jurisdiction
7. 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
Consequential damages
National Labor Relations Act
Perfected
The Social Security Administration
8. 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.
Rational basis test
National Environmental Policy Act (NEPA)
Malpractice
Occupational Safety and Health Administration (OSHA)
9. Regulates radio - television - and other forms of interstate communications
Federal Communications Commission
Petit jury
Domicile
Monopoly
10. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Donee beneficiary
Unconscionability
Tie-in agreement
Vertical agreements
11. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Foreign Sovereign Immunities Act
Section 11 of the Securities Act
Federal circuit court of appeals and the federal court of appeals
Defined contribution plan
12. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Securities and Exchange Commission
Discharge of contract
Criminal Trial
Plaintiff
13. They represent the amount of money a party has spent in justifiable reliance on a contract.
Voluntarily proceeding
Employment discrimination
Reliance damages
National Treatment
14. Discrimination based on race or sex
Employment discrimination
Illusory promise
Americans with Disabilities Act (ADA)
Bureau of Consumer Protection
15. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
Oral argument
National Treatment
Post-trial motions
16. The defendant intended the product to cause harm or know that it was likely to occur. The defendant's conduct fell below the appropriate standard of care. Qualifies as negligence - because the defendant is a supplier because he has a duty. The defend
Per se
Toxic Substances Control Act
Injury-in-fact
Liability based on intentional tort
17. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Clean Air Act
Monopoly
Mental incapacity
Precedent
18. 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
Assignee
The Council on Environmental Quality
Quasi-suspect classification
Environmental Protection Agency (EPA)
19. 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
The Family and Medical Leave Act
Section 12 (a)(1) of the Securities Act
Consideration
National Labor Relations Board
20. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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21. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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22. What the courts uses to assess whether or not a particular restraint (trusts that restrain trade) is reasonable (is it economically efficient)
Tender offers
Standing
Security agreement
Rule of reason
23. 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.
Judgment n.o.v.
Grand jury
Involuntary proceeding
Statutory Seller
24. This means that each party to the contract must manifest or reveal her intent to be bound to a given exchange. Mutual assent is a requirement for a contract to be formed. There must be an offer and an acceptance.
Vertical agreements
Motion to strike
Section 11 of the Securities Act
Mutual assent
25. A condition that must occur before a duty to perform arises
Effect of delegation
Legal capacity
Condition precedent
Equal protection
26. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Indictment
Limited jurisdiction
Consumer protection
Manufacturing defect
27. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
The Council on Environmental Quality
Securities Act Registration
Rules of construction
Rule 506 of Regulation D of the Securities Act
28. A misrepresentation made with knowledge of its inaccuracy
Scienter
Investment contracts
Unjust enrichment
Bilateral contract
29. Courts that do no have broad subject matter jurisdiction because they can only hear particular types of cases. For example - Federal courts have limited jurisdiction and do not have broad subject matter jurisdiction.
'Ffour corners'
Limited jurisdiction
Civil Law or Code Law
Ordinances
30. 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.'
Duties that cannot be delegated
Private placement
Offer
Duress
31. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Quasi-contract
Chapter 13 of the Code
Restatement (Second) of Contracts
Securities and Exchange Commission
32. An exemption for transactions involving offerings to employees.
Section 701 of the Securities Act
Injunction
Trademark
Pleadings
33. 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
Federal Trade Commission (FTC)
Pension Benefit Guaranty Corporation (PBGC)
Expectation damages (also known as the 'benefit of the bargain')
Social entity or stakeholder theory of the corporation
34. The exchange of promises or an exchange of a promise for a performance.
Consideration
Bargained-for-exchange
Creditor
Trust
35. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Unilateral contract
Employee Retirement Income Security Act (ERISA)
Duress
Condition precedent
36. When the jury retires to a separate room to decide the outcome of the case.
Deliberation
Federal Rules of Civil Procedures
Secured transaction
Section 5 of the Securities Act
37. 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
Federal question jurisdiction
Equal Credit Opportunity Act
National Ambient Air Quality Standards
Production quotas
38. Treaties between two nations addressing investment concerns
Sherman Act
'clear and present'
Bilateral investment treaties
Intended beneficiaries of government contract
39. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Taking a contract 'out of the Statute of Frauds'
Discharge of contract
Legal capacity
Federal Information Act
40. The power of the Supreme Court to review federal or state law as constitutional or not. It is the result of the 'Marbury v Madison' case.
'meeting of the minds'
Judicial review
Malpractice
Federal district court
41. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Appellant
Beneficiary's rights
Substitutes of consideration
Consideration
42. 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.
Manufacturing defect
Goods
Rule 506 of Regulation D of the Securities Act
Uniform Commercial Code ('UCC')
43. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Bureau of Customs and Border Protection
Foreign Sovereign Immunities Act
'de nuvo'
Demurrer
44. Only one of the party wants to rescind the contract - which requires legal grounds to do so.
General jurisdiction
Unilateral rescission
Subjective intent
Section 5 of the Securities Act
45. 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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46. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Proxy
Contract with intoxicated persons
Performance
Bona fide occupational qualification
47. Directors - certain officers - and owners
Section 11 of the Securities Act
Social Security Administration
Control persons
Bargained-for-exchange
48. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Concurrent conflict of interests
Materiality
Affirmative defenses
Discharge of contract
49. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Exclusive dealing agreement
Incidental beneficiary
Bureau of Customs and Border Protection
Legal detriment
50. Acceptance is effective when the offeree sends it - no matter the type of communication. However - a revocation becomes valid when the offeree receives it. Again - if the offeree changes his mind - and sends two different messages - whichever reaches
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