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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 small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Civil Law or Code Law
Token consideration
When an assignment becomes void
Federal question jurisdiction
2. A perfected security interest takes priority over unperfected security interest. While the first person to file his security interest has priority. If neither party perfected by filing - then the first person to perfect her security interest has prio
Donee beneficiary
Priority of secured transactions
'Ffour corners'
Materiality
3. Oversees the purchase and sale of securities
Jurisdiction
Securities and Exchange Commission
Expertised portion
Writ of certiorari
4. 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 -
Export Administration Regulations (EAR)
Complete or total integration
Supreme Court powers
Beneficiary's rights
5. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Promise
Administrative law judges
Effect of delegation
Economic waste
6. The creditor's right to take possession of the property is called foreclosure
Foreclosure
Rational basis test
Bilateral treaties
Material breach
7. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
United States Bankruptcy Code ('Code')
Liquidated damages clause
Jurisdiction
Limited jurisdiction
8. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Clean Water Act
Per se
Age Discrimination in Employment Act (ADEA)
Objective standard
9. 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
Revocability
Federal circuit court of appeals and the federal court of appeals
Commercial speech
Trademark
10. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Rules of interpretation of a contract by a court
Substantive unconscionability
Employment law
8-K
11. Punitive damage - non-economic damages - and attorneys' fees
Vertical agreements
Federal Communications Commission
The Council on Environmental Quality
Non-recoverable damages
12. The person who is bringing the suit
Rule 147 of the Securities Act
Plaintiff
Deontological
Federal question jurisdiction
13. The defendant intended the product to cause harm or know that it was likely to occur. The defendant's conduct fell below the appropriate standard of care. Qualifies as negligence - because the defendant is a supplier because he has a duty. The defend
Liability based on intentional tort
Duress
Specific performance
Equal Pay Act (EPA)
14. 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
Equal protection
Lanham Act
Revocation
Defendant
15. The obligation to establish his claims first
Total breach
Writ of certiorari
Burden of proof
Diversity jurisdiction
16. 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.
Scienter
Fair Labor Standards Act (FLSA)
Collateral
Employee-at-will
17. Prevents discrimination against employees who are 40years old or more
Price fixing
The Statute of Frauds
Age Discrimination in Employment Act (ADEA)
Trademark
18. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Economic waste
Resource Conservation and Recovery Act
Section 11 of the Securities Act
Anticipatory repudiation
19. 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
Gramm-Leach-Bliley Act
Malpractice
Equity of redemption
'Ffour corners'
20. 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.
Misrepresentation
Condition
'Takings'
Scienter
21. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Bona fide occupational qualification
Creditor
Material breach
Commercial speech
22. Treaties entered into between two nations
Deontological
Bilateral treaties
Environmental Protection Agency (EPA)
Appellant
23. A supervening stature makes a contract illegal - and thereby makes performance impossible
'Infants' or 'minors'
Supervening illegality
Proxy
Criminal Law
24. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Bureau of Consumer Protection
Duress
Injury-in-fact
General Agreement on Tariffs and Trades
25. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Federal district court
Administrative law judges
Consumer protection
'due process'
26. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Fair Debt Collection Act
Clean Water Act
Direct damages
Organization for Economic Co-operation and Development (OECD)
27. 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'
Implied terms
Superfund
Res ipsa loquitor
Personal jurisdiction
28. 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.
Administrative Procedure Act
'clear and present'
Federal circuit court of appeals and the federal court of appeals
'Quid pro quo'
29. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
Federal question jurisdiction
Regulation A of the Securities Act
Malpractice
Condition concurrent
30. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Federal circuit court of appeals and the federal court of appeals
National Environmental Policy Act (NEPA)
Multilateral treaties
Gift
31. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Revocation
Administrative Procedure Act
Liability based on intentional tort
Uniform Commercial Code ('UCC')
32. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Writ of certiorari
Discharge of contract
Incidental beneficiary
Legal detriment
33. 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
Attorney/client privilege
Diminution in value
Appellate jurisdiction
Market division
34. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
Equal Employment Opportunity Commission (EEOC)
Federal Information Act
Defenses against liability of misrepresentations or omissions
When an assignment becomes void
35. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
Anticipatory repudiation
Commencing a lawsuit
Bilateral Investment Treaty program
Excuse of condition
36. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Plaintiff
Horizontal agreement
Taking a contract 'out of the Statute of Frauds'
Executed exchange
37. The agreement to create a security interest
Security agreement
Res judicata
Vesting of beneficiary's rights
Attorney/client privilege
38. When an employer requests a sexual favor in exchange for providing an employee with some employment benefit.
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39. 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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40. The documents that parties file in connection with their lawsuit
Strict liability
Pleadings
Precedent
Condition subsequent
41. 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
Public company
Misstatement or omission
Contracts that prohibit assignment
Examples of Uniform Laws
42. 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)
Option contract
Fraud
Restitution and rescission
Implied terms
43. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
National Labor Relations Act
Scienter
Implied terms
Duress
44. 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
Third party beneficiary
Statutory Seller
Assignee
Obligor's rights
45. 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
'meeting of the minds'
Novation
National Ambient Air Quality Standards
Levels of courts
46. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Sherman Act
Group boycotts
Total breach
Condition
47. 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
Beneficiary's rights
Mutual rescission
The Council on Environmental Quality
Excuse of condition
48. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Penalty
Federal Environmental Pesticide Control Act
Employment discrimination
Unilateral rescission
49. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Charitable contributions
Motion for a more definitive statement
Federal Rules of Civil Procedures
Equal protection
50. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Statute of limitations
Reliance damages
Employment law
Export Administration Regulations (EAR)