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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. A body of rules and system based on the decisions that judges have made in the past about such cases. It originated in England. In the late 1700s - Sir William Blackstone published 'Commentaries on the Law of England' - which provides the most compre
Foreclosure
Common Law
Domicile
Attachment
2. 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
Subject matter jurisdiction
Environmental Protection Agency (EPA)
Counterclaims
Section 5 of the Securities Act
3. 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
Equal Employment Opportunity Commission (EEOC)
Trust
Statute of limitations
Rational basis test
4. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Attorney/client privilege
Regulation S of the Securities Act
National Labor Relations Act
Fair Debt Collection Act
5. 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
Remediation
Securities Exchange Act of 1934
Mutual mistake
Other constituency statutes
6. It is when a promisee is doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
Legal detriment
'clear and present'
Who is liable
'Mailbox' rule
7. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
Mental incapacity
Bilateral contract
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Condition precedent
8. 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.
Product liability
'clear and present'
'meeting of the minds'
Misrepresentation
9. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Administrative law judges
Securities and Exchange Commission
Security interest
Section 5 of the Securities Act
10. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Commercial speech
Post-trial motions
Trust
'de nuvo'
11. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
General Agreement on Tariffs and Trades
'clear and present'
Condition
'Past consideration'
12. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Federal Information Act
Restatement (Second) of Contracts
Employment law
National Labor Relations Board (NLRB)
13. When the plaintiff's damages were caused by something other than the misrepresentation or omission
'clear and present'
Negative causation
Discovery
Mutual rescission
14. 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)
Consequentialism
Vertical agreements
Automatic stay
15. An exemption for certain small offerings
Liquidated damages clause
Regulation A of the Securities Act
Parol Evidence Rule
Condition precedent
16. 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.
Private placement
Deontological
Liability based on intentional tort
Federal circuit court of appeals and the federal court of appeals
17. A condition that cuts off a pre-existing duty
Injunction
Occupational Safety and Health Administration (OSHA)
Condition subsequent
Objective standard
18. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Title VII of the Civil Rights Act of 1964
Judicial review
Penalty
Commencing a lawsuit
19. 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
Effect of delegation
Mental incapacity
Bargained-for-exchange
Bilateral Investment Treaty program
20. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Charitable contributions
Unjust enrichment
Accord
Commencing a lawsuit
21. Laws that states have passed that aim at regulating securities transactions within their states.
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22. 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
Obligor's rights
Restatement (Second) of Contracts
Social entity or stakeholder theory of the corporation
Production quotas
23. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Truth in Lending Act
Material breach
Commercial speech
Clean Air Act
24. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Jurisdiction
Commercial speech
Affirmative defenses
Federal Trade Commission (FTC)
25. Discrimination based on race or sex
Equal protection
Scienter
'due process'
Employment discrimination
26. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Consequentialism
Shareholder primacy
Vertical agreements
Section 12 (a)(1) of the Securities Act
27. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Injury-in-fact
Other constituency statutes
Superfund
Title VII of the Civil Rights Act of 1964
28. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Subject matter jurisdiction
Statutory Seller
10-Q
Unemployment compensation laws
29. Words or actions an individual may have intended - but did not communicate
Appellate jurisdiction
National Labor Relations Board (NLRB)
Motion to strike
Subjective intent
30. Ethical behavior in terms of its consequences ('the end justifies the means')
Pension Benefit Guaranty Corporation (PBGC)
Taking a contract 'out of the Statute of Frauds'
Consequentialism
Objective standard
31. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Tender offers
Price fixing
Summons
Limited jurisdiction
32. 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'
Counteroffer
Securities and Exchange Commission
Creditor beneficiary
Condition precedent
33. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Ordinances
Trial court
Uniform Laws
'de nuvo'
34. When the jury retires to a separate room to decide the outcome of the case.
Deliberation
Incidental beneficiary
Section 701 of the Securities Act
Standing
35. 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.
Corporate social responsibility
Manufacturing defect
The Social Security Administration
Unconscionability
36. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Deontological
Trial court
Third party beneficiary
Social Security Act
37. When both parties agree to rescind the contract
Legal detriment
Mutual rescission
'Mirror image' rule
Market division
38. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Retraction
Consequential damages
Procedural unconscionability
Donee beneficiary
39. An exemption for transactions involving offerings to employees.
'Infants' or 'minors'
Limited jurisdiction
Concurrent conflict of interests
Section 701 of the Securities Act
40. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Civil Law
Remand
Commencing a lawsuit
Multilateral treaties
41. 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.
Consequentialism
Motion for a more definitive statement
Contracts that prohibit assignment
Limited jurisdiction
42. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Clean Water Act
Rule 504 of Regulation D of the Securities Act
Scienter
Injury-in-fact
43. The person who is bringing the suit
Per se
Rational basis test
Informed consent
Plaintiff
44. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Affirm or disaffirm
Attachment
Discharge of contract
Equal Pay Act (EPA)
45. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Liquidated damages clause
Incidental beneficiary
Bona fide occupational qualification
National Institute for Occupational Health
46. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Product liability
Precedent
Short swing profits
Mutual mistake
47. When the creditor initiates the proceedings.
National Ambient Air Quality Standards
Grand jury
Involuntary proceeding
Environmental Protection Agency
48. They represent losses that result from other transactions that are dependent upon the breached contract
Accord
Affirm or disaffirm
'Mirror image' rule
Consequential damages
49. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Substantial performance
Restitution and rescission
Security interest
Subjective intent
50. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Assignment of rights
Stare decisis
Chapter 13 of the Code
Regulation S of the Securities Act