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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. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Federal Information Act
Condition precedent
Pretexting
Supreme Court powers
2. 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
Employee Retirement Income Security Act (ERISA)
Restatement (Second) of Contracts
Mortgage
Unilateral mistake
3. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Assignment of rights
Federal question jurisdiction
Securities Exchange Act of 1934
United States Bankruptcy Code ('Code')
4. Oversees the purchase and sale of securities
Securities and Exchange Commission
Exchange Act Regulations
Uniform Commercial Code ('UCC')
Writ of habeas corpus
5. 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
Trademark
Investment contracts
Contract with intoxicated persons
Revocability
6. The right to hold a security interest on a debtor's property.
Corporate social responsibility
Reporting company
Lien
Obligee
7. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Procedural unconscionability
'Definite and certain'
Executed exchange
Treaties authority
8. Regulates air and water pollution as well as address problems associated with certain toxic substances
Environmental Protection Agency
Title VII of the Civil Rights Act of 1964
Mental incapacity
Rules of interpretation of a contract by a court
9. Words or actions an individual may have intended - but did not communicate
Assignee's rights
Subjective intent
Foreign Sovereign Immunities Act
Mutual assent
10. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Misstatement or omission
Resource Conservation and Recovery Act
Strict liability
Incidental beneficiary
11. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Social Security Administration
Foreign Sovereign Immunities Act
The Environmental Quality Report
Federal district court
12. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
'meeting of the minds'
Regulation D of the Securities Act
Consideration
Section 10(b) and Rule 10b-5 of the Exchange Act
13. The creditor's security interest in real property
Mortgage
Vertical agreements
'Blue sky' laws
Federal Information Act
14. If a performance has already occurred - or a promise has already been made - then it generally cannot serve as the basis for consideration because it cannot be considered to have induced a bargain. Therefore - 'past consideration' is insufficient.
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15. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Expertised portion
Verdict
Exempt securities and transactions
Short swing profits
16. 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.
Monopoly
Appellant
Liquidated damages clause
Who is liable
17. Laws created by city councils or county boards - aimed at local matters
Ordinances
Petit jury
Prosecution
Affirmative defenses
18. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
Mutual mistake
Employment law
Suspect classification
Rule 506 of Regulation D of the Securities Act
19. The written set of charges against the defendant - which is presented to a grand jury.
Regulation A of the Securities Act
Assignor
Regulation D of the Securities Act
Indictment
20. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Rules of interpretation of a contract by a court
Equal Pay Act (EPA)
Bargained-for-exchange
Treaties authority
21. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Informed consent
Occupational Safety and Health Administration (OSHA)
Specific performance
Social Security Act
22. The agreement to create a security interest
Security agreement
Token consideration
Equal Employment Opportunity Commission (EEOC)
United States Bankruptcy Code ('Code')
23. 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
Rules of construction
A motion of summary judgement
'Mirror image' rule
Rule 505 of Regulation D of the Securities Act
24. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Securities Act
Implied terms
Trial court
Misrepresentation
25. Automatic violations of the Sherman Act
Content-neutral restrictions
Post-trial motions
Substantive unconscionability
Per se
26. A party's damage award will be reduced by any loss he did or could have avoided.
Quasi-contract
Unilateral contract
Duty to mitigate
Burden of proof
27. Directors - certain officers - and owners
Effect of delegation
Excuse of condition
Assignee
Control persons
28. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Standing
Promisor's rights (in relation to the beneficiary)
Rule 505 of Regulation D of the Securities Act
Federal question jurisdiction
29. 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
The Statute of Frauds
'Definite and certain'
Answer
Pre-existing duty
30. An exemption for certain small offerings
Regulation A of the Securities Act
Rule 505 of Regulation D of the Securities Act
Complete or total integration
Regulation S of the Securities Act
31. 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.
Mutual assent
Section 7A of the Clayton Act
Motion
Grand jury
32. 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
Subjective intent
Third party beneficiary
Equal Pay Act (EPA)
Strict liability
33. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Expropriation
Adhesion
Discharge of contract
Chapter 11 of the Code
34. 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)
Uniform Laws
Design defect
Other constituency statutes
Delegation
35. 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
Mutual mistake
Federal circuit court of appeals and the federal court of appeals
Social entity or stakeholder theory of the corporation
Misstatement or omission
36. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Suspect classification
Consumer protection
Fair Debt Collection Act
Accord
37. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
General Agreement on Tariffs and Trades
Remand
Obligor
Liquidated damages clause
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
Limited jurisdiction
Legal capacity
Companies that are subject to the exchange act (Reporting companies)
Motion of directed verdict or of dismissal
39. One of the primary federal federal statutes
Unemployment compensation laws
Malpractice
Securities Act
Federal Communications Commission
40. A promise that is inferred from a person's conduct or the circumstances of the transaction
Securities and Exchange Commission
General jurisdiction
Chapter 11 of the Code
Implied contract
41. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
Process of appealing a case through the three levels of court
Occupational Safety and Health Administration (OSHA)
Section 10(b) and Rule 10b-5 of the Exchange Act
Motion of directed verdict or of dismissal
42. Not discriminating against foreign product - thereby treating all products within their border equally
National Treatment
Contracts that prohibit assignment
Quasi-contract
Domicile
43. The property that is the subject of a security interest
Collateral
Federal circuit court of appeals and the federal court of appeals
8-K
Ordinances
44. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Exempt securities and transactions
Section 12 (a)(1) of the Securities Act
Section 701 of the Securities Act
Verdict
45. Latin for 'the thing speaks for itself' - when a plaintiff establishes the harm would not ordinarily occur without someone's negligence - the instrument creating the harm was under the sole and complete control of the defendant at the time the harm o
Exempt securities and transactions
Rules of interpretation of a contract by a court
Res ipsa loquitor
Personal jurisdiction
46. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive dealing agreement
Restitution and rescission
Appellant
Legal ethics
47. 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.
Mutual rescission
Employee Retirement Income Security Act (ERISA)
Regulation D of the Securities Act
Writ of habeas corpus
48. Place of permanent residence
Standing
Securities Act
Domicile
'Definite and certain'
49. A creditor that does not have a security interest in any of the debtor's property or assets.
Condition subsequent
Bargained-for-exchange
Unsecured creditor
Bureau of Consumer Protection
50. 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
Mutual rescission
Assignor
Informed consent
Quasi-contract