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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. 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.
Employee-at-will
Misrepresentation
'Mirror image' rule
Hung jury
2. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Judicial review
Indictment
Production quotas
Demurrer
3. 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
National Labor Relations Board
Consumer protection
Bona fide occupational qualification
Rule 12b (6) motion
4. These contracts do not actually prohibit assignment - but actually prohibits delegation. Assignments will be valid unless the contract specifically states that assignment are void - which in such a case - any assignment will be treated as a breach of
Rule 506 of Regulation D of the Securities Act
Contracts that prohibit assignment
Proxy
Demurrer
5. Rules of ethics that govern the practice of law and the conduct of lawyers
Legal ethics
Bona fide occupational qualification
Federal circuit court of appeals and the federal court of appeals
Affirm or disaffirm
6. An intent to deceive or defraud
Counteroffer
Private placement
Mental incapacity
Scienter
7. 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
'meeting of the minds'
Statutory Seller
Gratuitous assignment
Excuse of condition
8. 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
Anticipatory repudiation
Effect of delegation
Involuntary proceeding
Occupational Safety and Health Administration (OSHA)
9. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.
Fair Credit Reporting Act
Common Law
'clear and present'
Consideration
10. The right to hold a security interest on a debtor's property.
Subject matter jurisdiction
Section 11 of the Securities Act
Revocation
Lien
11. Treaties between two nations addressing investment concerns
Unemployment compensation laws
Bilateral investment treaties
Writ of habeas corpus
Consideration
12. 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
Incidental beneficiary
Motion
Employee Retirement Income Security Act (ERISA)
Implied contracts
13. 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
Pension Benefit Guaranty Corporation (PBGC)
Restatement (Second) of Contracts
Injunction
Rules of construction
14. 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.
'Definite and certain'
Demurrer
Strict liability
Federal Trade Commission
15. The promisor's failure to perform in accordance with the terms of the contract
Scienter
Standing
Breach
Rule 147 of the Securities Act
16. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Stare decisis
Statute of limitations
Federal question jurisdiction
Trademark
17. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
Pre-existing duty
Fair Labor Standards Act (FLSA)
Intended beneficiaries of government contract
Illusory promise
18. When a party unlawfully indicate that he will not perform when the performance is due.
Expectation damages (also known as the 'benefit of the bargain')
Equal protection
Anticipatory repudiation
Federal Rules of Civil Procedures
19. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Condition precedent
Economic waste
Total breach
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
20. 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
Social entity or stakeholder theory of the corporation
Unilateral mistake
Rules of construction
Administrative law judges
21. (A form of consequentialism) It is the belief that an action is justified as long as it does the greatest good for the greatest number of people (Advocators: Jeremy Bentham and John Stuart Mill)
Utilitarianism
10-K
Unjust enrichment
Subjective intent
22. Laws designed to ensure that employees who have work-related injuries receive compensation for those injuries without having to engage in litigation. Each state has worker's compensation statute - setting forth a specific level of benefits that emplo
Workers compensation laws
Verdict
Uniform Commercial Code ('UCC')
Implied contract
23. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Appellate jurisdiction
Pension Benefit Guaranty Corporation (PBGC)
Section 11 of the Securities Act
General jurisdiction
24. Laws that states have passed that aim at regulating securities transactions within their states.
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25. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Stare decisis
Mutual mistake
Bureau of Consumer Protection
Securities Act
26. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
Security interest
Implied terms
Material breach
Chapter 13 of the Code
27. They represent the amount of money a party has spent in justifiable reliance on a contract.
'Definite and certain'
Reliance
Demand assurance
Reliance damages
28. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
10-Q
Beneficiary's rights
A motion of summary judgement
Proxy
29. 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.
Incidental beneficiary
Ordinances
Equal Employment Opportunity Commission (EEOC)
Suspect classification
30. Safeguards consumer's personal information by ensuring that financial institutions that have access to private financial information have protection plans for that information - ensures that consumers receive better disclosure regarding a financial i
Liquidated damages clause
Gramm-Leach-Bliley Act
Contract
Proxy
31. Words or actions an individual may have intended - but did not communicate
Trademark
Model Rules of Professional Conduct
Subjective intent
Condition precedent
32. What the courts uses to assess whether or not a particular restraint (trusts that restrain trade) is reasonable (is it economically efficient)
Rule of reason
Foreclosure
Performance
Organization for Economic Co-operation and Development (OECD)
33. 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 -
Intended beneficiary
Rule 506 of Regulation D of the Securities Act
Price fixing
Unemployment compensation laws
34. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
'Infants' or 'minors'
Substantive unconscionability
Federal Trade Commission (FTC)
National Ambient Air Quality Standards
35. The right of both parties to gain information concerning the other party and her witnesses.
Complete or total integration
Trial court
Discovery
Clean Water Act
36. Establishes certain rules for the proper resale - including the requirement that such securities must be held for at least one year - and sold through a broker in a transaction that involves a limited percentage of securities.
Rule 144 of the Securities Act
Rule 505 of Regulation D of the Securities Act
Vertical agreements
Section 5 of the Securities Act
37. 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
Malpractice
Restitution
Prospectus
'due process'
38. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Section 11 of the Securities Act
Rule of reason
'Ffour corners'
Condition
39. 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
Vertical agreements
Equity of redemption
Section 701 of the Securities Act
Lanham Act
40. The party that won in the previous court trial - but the other party is appealing the decision.
Section 10(b) and Rule 10b-5 of the Exchange Act
Appellee or respondent
Chapter 7 of the Code
Export Administration Regulations (EAR)
41. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Equal protection
Security agreement
Writ of habeas corpus
Mortgage
42. Misrepresentation that was made with intent
Employee-at-will
Shareholder primacy
Fraud
Burden of proof
43. When the product is properly manufactured - but the design poses a danger to consumers. Plaintiff must prove that the manufacturer could have used an alternative design that was still economically feasible
Bargained-for-exchange
Defined benefit plans
Design defect
Duties that cannot be delegated
44. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Exchange Act Regulations
Employment discrimination
Standing
Indictment
45. A situation where one person unfairly benefits from a transaction
Unjust enrichment
Plaintiff
Common Law
Injury-in-fact
46. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
A motion of summary judgement
Subject matter jurisdiction
8-K
Equal Credit Opportunity Act
47. The obligation to establish his claims first
Bilateral contract
Defined benefit plans
Discharge of contract
Burden of proof
48. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Scienter
Consumer protection
A motion of summary judgement
Trial court
49. Liability extends to ___________ - without the plaintiff needing to proof of reliance or causation. The seller can avoid liability by showing negative causation - the plaintiff knew that the statements in the prospectus at the time of her purchase -
Supreme Court powers
Commercial speech
Promise
Any statutory seller
50. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Administrative Procedure Act
National Institute for Occupational Health
Process of assignment
Securities Act Registration