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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 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
Revocation
Federal Rules of Civil Procedures
Rule 144 of the Securities Act
Diversity jurisdiction
2. Legally recognized injury
Injury-in-fact
Uniform Laws
Public company
Gramm-Leach-Bliley Act
3. Oversees implementation of this benefit program of the Social Security Act
Executed exchange
Negative causation
Informed consent
Social Security Administration
4. 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
Quasi-suspect classification
Consequential damages
Taking a contract 'out of the Statute of Frauds'
Express contract
5. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Consequential damages
Market division
Rule of reason
Exempt securities and transactions
6. Regulates air and water pollution as well as address problems associated with certain toxic substances
Environmental Protection Agency
Occupational Safety and Health Act
Contract
Product liability
7. All total breaches are material breaches. However - a total breach have factors including whether there is a likelihood of a cure - further delay will prevent the promisee from making alternative arrangements - or prompt performance is a critical ele
Companies that are subject to the exchange act (Reporting companies)
Total breach
Partial or trivial breach
Parol Evidence Rule
8. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Motion to strike
Grand jury
Employee Retirement Income Security Act (ERISA)
Section 5 of the Securities Act
9. 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.
Substantial performance
Securities and Exchange Commission
Res judicata
The Council on Environmental Quality
10. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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11. 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.
Sherman Act
Clayton Act
Truth in Lending Act
Mental incapacity
12. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Illusory promise
Implied contracts
Taking a contract 'out of the Statute of Frauds'
Post-trial motions
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. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Accredited investor
Materiality
Expropriation
Commercial speech
15. 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).
Corporate social responsibility
Fair Credit Reporting Act
Manufacturing defect
Defendant
16. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
Section 701 of the Securities Act
Misrepresentation
Quasi-suspect classification
Unconscionability
17. It represents a request for the court to take some action. A motion can be filed by a defendant.
Criminal Trial
Quasi-contract
Motion
Voluntarily proceeding
18. Punitive damage - non-economic damages - and attorneys' fees
Investment contracts
Non-recoverable damages
Process of assignment
Assignment of rights
19. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
General jurisdiction
A motion of summary judgement
National Labor Relations Board
Intended beneficiary
20. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Criminal Trial
General jurisdiction
Option contract
Contract law
21. 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.
Restitution and rescission
Enabling acts
Condition
Token consideration
22. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Post-trial motions
Horizontal agreement
Section 7A of the Clayton Act
Private placement
23. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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24. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Clean Air Act
Multilateral treaties
Promisee's rights
Superfund
25. 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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26. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
Reliance
Unemployment compensation laws
Employee Retirement Income Security Act (ERISA)
Misappropriation theory
27. 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'
Creditor beneficiary
Duress
Commercial speech
Option contract
28. After taking the case to the federal district court - the party has the right to appeal to the federal circuit court of appeals. there are twelve federal appeals courts that hear cases from several different district courts within a specific geograph
Process of appealing a case through the three levels of court
General jurisdiction
Unilateral mistake
Donee beneficiary
29. Regulates the handling of the pesticides being exported from and imported into the U.S.
Federal Environmental Pesticide Control Act
'Past consideration'
Undue influence
Misappropriation theory
30. Regulates stock exchanges - the over-counter market - and individuals who assist investors with trading activities.
Fraud
Original jurisdiction
Levels of courts
Exchange Act Regulations
31. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Group boycotts
Unilateral contract
Truth in Lending Act
Mortgage
32. It represents notice that a lawsuit has been filed against the defendant
General Agreement on Tariffs and Trades
Writ of habeas corpus
Summons
Foreclosure
33. There is no contract between the employer and employee - and therefore - either the employee or the employer can terminate the employment relationship at any time for any reason.
Clean Air Act
Prosecution
A motion of summary judgement
Employee-at-will
34. It is founded by the National Environmental Policy Act (NEPA) - to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality Report
A motion of summary judgement
The Council on Environmental Quality
Affirmative defenses
Creditor beneficiary
35. The party that won in the previous court trial - but the other party is appealing the decision.
'clear and present'
Appellee or respondent
Truth in Lending Act
Bureau of Customs and Border Protection
36. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Section 5 of the Securities Act
Public company
Summons
Joint obligation
37. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
National Labor Relations Board (NLRB)
When an assignment becomes void
Restatement (Second) of Contracts
Commercial speech
38. 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
Prospectus
Companies that are subject to the exchange act (Reporting companies)
Delegation
Federal Information Act
39. 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)
Federal district court
Rule 506 of Regulation D of the Securities Act
Reliance damages
Uniform Laws
40. The right to hold a security interest on a debtor's property.
Unsecured creditor
Unilateral rescission
Employment discrimination
Lien
41. When the creditor initiates the proceedings.
Delegation
Involuntary proceeding
Process of appealing a case through the three levels of court
Environmental Protection Agency
42. The exchange of promises or an exchange of a promise for a performance.
Bargained-for-exchange
Direct damages
Substitutes of consideration
Liability based on intentional tort
43. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Social Security Administration
Rules of construction
Res judicata
Obligor
44. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Motion of directed verdict or of dismissal
Procedural unconscionability
Proxy
Expertised portion
45. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Utilitarianism
Levels of courts
Economic waste
Retraction
46. It is an action to avoid unjust enrichment.
National Ambient Air Quality Standards
Restitution
'Ffour corners'
Condition
47. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Economic waste
Securities Act
Equal Employment Opportunity Commission (EEOC)
Appellate jurisdiction
48. A quarterly report required by the Exchange Act
Strict liability
10-Q
Precedent
Unconscionability
49. It is the power over the particular parties in a case. (a) The Supreme Court in 'Pennoyer v. Neff' - held that a defendant's physical presence in a state is sufficient for the state to exercise personal jurisdiction. (b) A person can be subject to pe
Strict liability
Subject matter jurisdiction
Personal jurisdiction
Grand jury
50. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
Content-neutral restrictions
Securities Act Registration
Involuntary proceeding
Gift