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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. 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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2. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
Equal Pay Act (EPA)
Equity of redemption
Defenses against liability of misrepresentations or omissions
Adhesion
3. 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
Social entity or stakeholder theory of the corporation
Rule 505 of Regulation D of the Securities Act
Strict liability
Diminution in value
4. Legally recognized injury
Demurrer
Negative causation
Assignment of rights
Injury-in-fact
5. 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.
Diversity jurisdiction
Motion for a more definitive statement
Total breach
Expropriation
6. 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
Rule 12b (6) motion
Promisor's rights (in relation to the beneficiary)
Bureau of Consumer Protection
Writ of habeas corpus
7. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Environmental Protection Agency (EPA)
Section 12(a)(2)
Motion for a more definitive statement
Criminal Law
8. 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).
Remand
Manufacturing defect
Section 701 of the Securities Act
Statutory Seller
9. A pre-trial motion when the pleadings are vague or ambiguous.
Export Administration Regulations (EAR)
Criminal Trial
Motion for a more definitive statement
Uniform Laws
10. It represents a request for the court to take some action. A motion can be filed by a defendant.
Motion
Total breach
Mistake
Condition concurrent
11. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Vertical agreements
Subject matter jurisdiction
Administrative law judges
Intended beneficiaries of government contract
12. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Fair Labor Standards Act (FLSA)
Collateral
Mistake
Accord
13. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Intended beneficiary
Clean Air Act
Horizontal agreement
Condition
14. When a contract is delegated - the obligee must accept the performance of the delegate. Unless the obligee agrees to release him from liability - the delegator remains liable under the contract until the delegate has performed. Once a delegate perfor
Securities Act Registration
Objective standard
Effect of delegation
Rule 504 of Regulation D of the Securities Act
15. This is when an assignment is not supported by consideration and is revocable. It will only become irrevocable when (a) the obligor has performed her obligations to the assignee - (b) the assignor delivers the assignment in writing to the assignee -
Gratuitous assignment
Rules of construction
Federal question jurisdiction
Revocation
16. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
National Labor Relations Board (NLRB)
Levels of courts
Unilateral rescission
Offer
17. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Judgment n.o.v.
Equal Employment Opportunity Commission (EEOC)
Exclusive dealing agreement
Section 10(b) and Rule 10b-5 of the Exchange Act
18. 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
Securities and Exchange Commission
Bilateral investment treaties
National Ambient Air Quality Standards
Who is liable
19. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Foreign Corrupt Practices Act
Creditor
Federal district court
Foreign Sovereign Immunities Act
20. 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
Incidental beneficiary
Fair Credit Reporting Act
Diminution in value
21. Created through the Occupational Safety and Health Ac. It is federal administrative agency that works with employers and employees to ensure compliance with workplace safety standards. It requires employers to maintain information on employee acciden
Occupational Safety and Health Administration (OSHA)
Resource Conservation and Recovery Act
Securities Act
Limited jurisdiction
22. Torts and contracts... represents law that regulates the relationships between parties.
Securities Act Registration
Mutual assent
Civil Law
Section 7A of the Clayton Act
23. 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
'meeting of the minds'
Demand assurance
Mistake
Section 4 of the Securities Act
24. An exemption for transactions involving offerings to employees.
Equity of redemption
Section 701 of the Securities Act
Economic waste
Legal ethics
25. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Complete or total integration
Supreme Court powers
Liquidated damages clause
Burden of proof
26. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
Occupational Safety and Health Act
Preponderance of evidence
'Takings'
Oral argument
27. A supervening stature makes a contract illegal - and thereby makes performance impossible
Commercial speech
Supervening illegality
Mutual mistake
Bureau of Customs and Border Protection
28. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Secured transaction
A motion of summary judgement
Effect of delegation
'Mirror image' rule
29. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Bilateral investment treaties
Section 5 of the Securities Act
Gramm-Leach-Bliley Act
Chapter 7 of the Code
30. 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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31. The property that is the subject of a security interest
Collateral
National Treatment
Section 10(b) and Rule 10b-5 of the Exchange Act
Incidental beneficiary
32. 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
When an assignment becomes void
'Mirror image' rule
Bilateral Investment Treaty program
Writ of habeas corpus
33. The obligee who officially assigned over his rights
Demurrer
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Assignor
Social Security Act
34. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Remand
Exclusive dealing agreement
Effect of delegation
Promisor's rights (in relation to the beneficiary)
35. Regulates trusts and monopolies
Consequential damages
Promisee's rights
Rule 506 of Regulation D of the Securities Act
Federal Trade Commission
36. The agreement to create a security interest
Suspect classification
Obligor
Security agreement
Section 12 (a)(1) of the Securities Act
37. 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
Rule 505 of Regulation D of the Securities Act
Scienter
Perfected
Exchange Act Regulations
38. This is when the appellate court send the case back to the lower court for a new trial.
Pension Benefit Guaranty Corporation (PBGC)
Gratuitous assignment
Foreclosure
Remand
39. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Accredited investor
Restatement (Second) of Contracts
Answer
Social Security Act
40. Claims that the defendant has against the plaintiff
Reporting company
Strict liability
Counterclaims
Diminution in value
41. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Export Administration Regulations (EAR)
Liquidated damages clause
Lien
Truth in Lending Act
42. Laws created by city councils or county boards - aimed at local matters
Consequentialism
Revocability
Ordinances
Promisor's rights (in relation to the beneficiary)
43. Place of permanent residence
Securities
Domicile
Federal Information Act
Monopoly
44. The person to whom the right is assigned
Assignee
Foreclosure
Taking a contract 'out of the Statute of Frauds'
Satisfaction
45. Seeks to promote market economics and democratic governments
Duties that cannot be delegated
Organization for Economic Co-operation and Development (OECD)
Creditor
National Treatment
46. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.
Expertised portion
Novation
Federal circuit court of appeals and the federal court of appeals
Illusory promise
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'
Nonexpertized portions
Creditor beneficiary
General jurisdiction
Clayton Act
48. This takes place when a crime has been committed against the state. In this case - there is a prosecution - which writes an indictment and sends it to the grand jury. If the grand jury decides that there is sufficient evidence - it will return the pr
'in pari delicto'
Criminal Trial
Creditor
A motion of summary judgement
49. The person who assigns her rights
Obligee
Precedent
Defined benefit plans
Administrative Procedure Act
50. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Intended beneficiaries of government contract
Price fixing
Social Security Administration
Scienter