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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 party seeking to appeal the previous court's decision
Supervening illegality
Vesting of beneficiary's rights
Rule 12b (6) motion
Appellant
2. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Foreign Sovereign Immunities Act
Res judicata
Private placement
Rule 506 of Regulation D of the Securities Act
3. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Federal Trade Commission (FTC)
Regulation S of the Securities Act
The Environmental Quality Report
Occupational Safety and Health Act
4. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Unilateral rescission
Involuntary proceeding
National Labor Relations Act
Federal Insurance Contributions Act
5. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Fair Debt Collection Act
Satisfaction
Employee Retirement Income Security Act (ERISA)
Occupational Safety and Health Administration (OSHA)
6. Regulates air and water pollution as well as address problems associated with certain toxic substances
Creditor
Manufacturing defect
Environmental Protection Agency
Trial court
7. Negative causation - due diligence defense - ...
Automatic stay
Concurrent conflict of interests
Defenses against liability of misrepresentations or omissions
Civil liability
8. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Mental incapacity
Production quotas
Employment law
Gramm-Leach-Bliley Act
9. Inadequate warning of danger - which can be construed as a design defect
Inadequate warning defect`
Discharge of contract
'Past consideration'
Resource Conservation and Recovery Act
10. Actions designed to permanently reduce the health and safety risk associated with the site.
Employment law
Remediation
Reporting company
Condition precedent
11. 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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12. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
'due process'
Clean Air Act
Standing
The Statute of Frauds
13. 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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14. An exemption for securities sold outside of the U.S.
Option contract
Equity of redemption
Partial or trivial breach
Regulation S of the Securities Act
15. He has the enforceable right against the obligor because he is considered the real party interest.
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16. Rule 12(b) of the Federal Rules also allows a defendant to make a motion to dismiss based on (a) a lack of subject matter jurisdiction - (b) lack of person jurisdiction - (c) lack of venue - (d) the lack of venue - (e) the failure to join necessary p
Misrepresentation
Rule 12b (6) motion
Uniform Laws
Pregnancy Discrimination ACt
17. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Security interest
'Definite and certain'
Exchange Act Regulations
Remediation
18. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Effect of delegation
Section 10(b) and Rule 10b-5 of the Exchange Act
'in pari delicto'
Post-trial motions
19. It is a general rule referring to circumstances in which agreements must be in writing - and by extension when oral agreements will be unenforceable. Basic agreements that are covered by the Statute: 1) A promise by an executor to pay the estate's d
The Statute of Frauds
Strict liability
Section 10(b) and Rule 10b-5 of the Exchange Act
Rule of reason
20. If the promisor substantially performs under teh contract
Consequential damages
Civil Law
Partial or trivial breach
Rule 12b (6) motion
21. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Section 701 of the Securities Act
Clean Air Act
Misappropriation theory
Section 11 of the Securities Act
22. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Discharge of contract
Automatic stay
Motion to strike
Clean Air Act
23. The obligation to establish his claims first
Burden of proof
Section 701 of the Securities Act
Perfected
Securities and Exchange Commission
24. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Multilateral treaties
Misrepresentation
Condition
Secured transaction
25. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Consumer protection
Environmental Protection Agency (EPA)
Defined contribution plan
Substantial performance
26. 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.
Judicial review
Chapter 13 of the Code
Enabling acts
Diminution in value
27. 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.
Model Rules of Professional Conduct
Demurrer
Rules of interpretation of a contract by a court
Common Law
28. The exchange of promises or an exchange of a promise for a performance.
Negative causation
Remediation
Bargained-for-exchange
Penalty
29. Laws that states have passed that aim at regulating securities transactions within their states.
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30. A quarterly report required by the Exchange Act
Suspect classification
General Agreement on Tariffs and Trades
10-Q
Anticipatory repudiation
31. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
Scienter
Anticipatory repudiation
Model Rules of Professional Conduct
General jurisdiction
32. 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.'
Effect of delegation
Excuse of condition
Prospectus
Offer
33. 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
Employee Retirement Income Security Act (ERISA)
Liability based on intentional tort
Reliance
Implied terms
34. It is a document containing information that must be delivered to investors prior to their securities' purchase. It is designed to contain all the information that an investor needs to evaluate the security and risk associated with purchasing the sec
National Environmental Policy Act (NEPA)
Federal Insurance Contributions Act
Motion for a more definitive statement
Prospectus
35. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
Termination of an invitation to make an offer
Consumer protection
Res judicata
8-K
36. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Mistake
Obligor
Limited jurisdiction
Liability based on intentional tort
37. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
General Agreement on Tariffs and Trades
Per se
A motion of summary judgement
Securities Exchange Act of 1934
38. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve
Commercial speech
'Mailbox' rule
Companies that are subject to the exchange act (Reporting companies)
Deontological
39. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Pre-existing duty
Companies that are subject to the exchange act (Reporting companies)
Bureau of Consumer Protection
Judgment n.o.v.
40. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Manufacturing defect
Undue influence
Export Administration Regulations (EAR)
'Past consideration'
41. It represents a request for the court to take some action. A motion can be filed by a defendant.
Condition subsequent
Motion
Charitable contributions
Private placement
42. 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.
Hung jury
Civil Law
Limited jurisdiction
Rule of reason
43. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Jurisdiction
Title VII of the Civil Rights Act of 1964
Assignor
Section 12 (a)(1) of the Securities Act
44. Under Section11 - the issuer - its directors - the chief executive officer - the chief financial officer - the underwriter - and any expert is liable. The issuer can avoid liability if he can show negative causation.
Mutual rescission
Implied contract
Strict liability
Who is liable
45. One party made a mistake - the mistake concerns a basic assumption on which the contract was made that has a material impact on performance - the party seeking to avoid performance has not assumed the risk of the mistake - and equities favor avoidanc
Defenses against liability of misrepresentations or omissions
Promisee's rights
Substantial performance
Unilateral mistake
46. Consent after the lawyer has adequately informed the client about the conflict and not only has explained to her the material risk associated with the conflict but also has made available her reasonable alternatives to the proposed conflict
Employment discrimination
Informed consent
Discovery
Res ipsa loquitor
47. 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)
Group boycotts
Per se
Subjective intent
The Statute of Frauds
48. It regulates chemical substances
Misstatement or omission
Toxic Substances Control Act
Group boycotts
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
49. Discrimination based on race or sex
Employment discrimination
Revocation
Accord
Precedent
50. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Unjust enrichment
'meeting of the minds'
Criminal Trial
Delegation