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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 person who is bringing the suit
Vesting of beneficiary's rights
'in pari delicto'
Promise
Plaintiff
2. 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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3. If the parties to a contract state that consideration has been given - but it was not - then the statement will be viewed as sham consideration and be legally insufficient.
Control persons
Federal Communications Commission
Sham consideration
Bureau of Consumer Protection
4. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Revocability
Security interest
Federal Trade Commission
Adhesion
5. 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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6. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Trademark
Quasi-contract
Manufacturing defect
Section 12 (a)(1) of the Securities Act
7. When the debtor voluntarily initiates the bankruptcy proceedings
Federal Trade Commission
Other constituency statutes
Voluntarily proceeding
Liability based on intentional tort
8. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Lanham Act
Res judicata
Legal ethics
Quasi-suspect classification
9. 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.
Accredited investor
Foreclosure
Section 11 of the Securities Act
Short swing profits
10. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
Exclusive distributor agreements
Legal detriment
Goods
Assignee's rights
11. 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
Monopoly
Motion
Non-recoverable damages
Design defect
12. The person who assigns her rights
Horizontal agreement
Section 11 of the Securities Act
Investment contracts
Obligee
13. 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
Shareholder primacy
Employee Retirement Income Security Act (ERISA)
Parol Evidence Rule
Intended beneficiaries of government contract
14. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Affirm or disaffirm
Utilitarianism
Expertised portion
Answer
15. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Uniform Commercial Code ('UCC')
Group boycotts
Jurisdiction
Public company
16. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
'due process'
Commencing a lawsuit
Employee Retirement Income Security Act (ERISA)
Unilateral contract
17. Rules of ethics that govern the practice of law and the conduct of lawyers
Nonexpertized portions
The Council on Environmental Quality
Condition subsequent
Legal ethics
18. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Consequentialism
Defenses against liability of misrepresentations or omissions
Chapter 11 of the Code
Other constituency statutes
19. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Social Security Act
Market division
Commencing a lawsuit
Employee-at-will
20. An exemption for offers in which the aggregate offering price is less than $5 million and the number of purchasers in less than 35 - excluding accredited investors
Rule 505 of Regulation D of the Securities Act
Manufacturing defect
Federal Trade Commission
Satisfaction
21. A person who is not an intended beneficiary
Incidental beneficiary
Investment contracts
Oral argument
Occupational Safety and Health Administration (OSHA)
22. The obligee who officially assigned over his rights
Performance
Assignor
Occupational Safety and Health Act
Common Law
23. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
Automatic stay
Assignee's rights
National Labor Relations Board (NLRB)
General jurisdiction
24. It is the period in which a person may bring her claim. A contract becomes unenforceable after the statute of limitations has expired. A new contract must be created
Statute of limitations
Total breach
Creditor beneficiary
Motion to strike
25. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Contracts that prohibit assignment
Beneficiary's rights
Supreme Court powers
Content-neutral restrictions
26. When the creditor initiates the proceedings.
Non-recoverable damages
Process of assignment
The Statute of Frauds
Involuntary proceeding
27. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Bureau of Customs and Border Protection
Model Rules of Professional Conduct
Obligor's rights
Export Administration Regulations (EAR)
28. 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
Revocation
Limited jurisdiction
Appellate jurisdiction
Standing
29. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Environmental Protection Agency (EPA)
Foreign Corrupt Practices Act
Accord
Bona fide occupational qualification
30. Discrimination based on race or sex
Title VII of the Civil Rights Act of 1964
Personal jurisdiction
Employment discrimination
Model Rules of Professional Conduct
31. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Mutual mistake
Employment law
Pleadings
Direct damages
32. 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
Quasi-contract
Environmental Protection Agency (EPA)
National Institute for Occupational Health
Sherman Act
33. 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
Original jurisdiction
Substantive unconscionability
Production quotas
Rules of interpretation of a contract by a court
34. A U.S. program that coordinates efforts to provide protection for the investment interests of it's citizens doing business in foreign countries - and improve investor's access to foreign markets. Helps develops international policies and laws
Implied contract
Bilateral Investment Treaty program
Consequentialism
Commercial speech
35. Oversees the purchase and sale of securities
8-K
Per se
Pension Benefit Guaranty Corporation (PBGC)
Securities and Exchange Commission
36. 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
Fraud
Contract with intoxicated persons
37. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Export Administration Regulations (EAR)
Model Rules of Professional Conduct
Export Administration Act (EAA)
Exclusive distributor agreements
38. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
National Labor Relations Act
Parol Evidence Rule
Judicial review
Substitutes of consideration
39. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Clean Water Act
Federal Trade Commission
Public company
Rule of reason
40. Regulates the handling of the pesticides being exported from and imported into the U.S.
Regulation D of the Securities Act
Treaties authority
Federal Environmental Pesticide Control Act
Mutual mistake
41. 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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42. A contract that is made where two promises are outstanding.
General jurisdiction
Priority of secured transactions
Bilateral contract
Scienter
43. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
'Definite and certain'
Foreign Corrupt Practices Act
Fair Credit Reporting Act
Corporate social responsibility
44. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Complete or total integration
Export Administration Act (EAA)
Oral argument
Exchange Act Regulations
45. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Equal Credit Opportunity Act
Shareholder primacy
Pretexting
Environmental Protection Agency
46. 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
Demand assurance
Fraud
Bureau of Consumer Protection
When an assignment becomes void
47. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
Injunction
Rule 147 of the Securities Act
Creditor beneficiary
Design defect
48. 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
Attachment
Bargained-for-exchange
National Ambient Air Quality Standards
Supervening illegality
49. Negative causation - due diligence defense - ...
Federal Trade Commission (FTC)
Option contract
Revocability
Defenses against liability of misrepresentations or omissions
50. Laws that states have passed that aim at regulating securities transactions within their states.
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