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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. 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
Injunction
Motion to strike
Termination of an invitation to make an offer
2. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Defendant
Clean Air Act
Federal Insurance Contributions Act
Executed exchange
3. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Pretexting
Manufacturing defect
Nonexpertized portions
Employment law
4. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Unilateral contract
The Social Security Administration
Clean Water Act
Accredited investor
5. 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 -
Motion
Petit jury
Supreme Court powers
Assignee's rights
6. 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.
Organization for Economic Co-operation and Development (OECD)
Third party beneficiary
Equal Employment Opportunity Commission (EEOC)
Motion
7. Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability - which means 'open to punishment for a crime.'
Civil liability
Title VII of the Civil Rights Act of 1964
Horizontal agreement
Intended beneficiary
8. 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 -
Any statutory seller
Hung jury
Vesting of beneficiary's rights
Restitution
9. The right of both parties to gain information concerning the other party and her witnesses.
Counteroffer
Discovery
Automatic stay
Petit jury
10. Laws created by city councils or county boards - aimed at local matters
Contract with intoxicated persons
Unilateral mistake
Monopoly
Ordinances
11. 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
Duty to mitigate
Gramm-Leach-Bliley Act
Judgment n.o.v.
Mistake
12. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Workers compensation laws
Truth in Lending Act
Investment contracts
Securities Exchange Act of 1934
13. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Delegation
Section 7A of the Clayton Act
Bilateral Investment Treaty program
Demurrer
14. 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
Rule 505 of Regulation D of the Securities Act
Hung jury
Group boycotts
15. The test of government regulations - of whether it is rationally related to a legitimate government interests. All classifications are subject to a rational basis test.
Regulation D of the Securities Act
Federal question jurisdiction
Rational basis test
Promisee's rights
16. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Social Security Act
Partial or trivial breach
Section 701 of the Securities Act
Novation
17. It is a general rule referring to circumstances in which agreements must be in writing - and by extension when oral agreements will be unenforceable. Basic agreements that are covered by the Statute: 1) A promise by an executor to pay the estate's d
The Statute of Frauds
Summons
Promisor's rights (in relation to the beneficiary)
Lien
18. Claims that the defendant has against the plaintiff
Process of appealing a case through the three levels of court
Mutual rescission
Federal Environmental Pesticide Control Act
Counterclaims
19. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
Strict liability
Assignor
Implied contract
Collective bargaining
20. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Bona fide occupational qualification
Security interest
Beneficiary's rights
Specialized federal courts
21. When there is no bargained-for exchange - because there is no exchange.
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Counteroffer
Gift
Rule 505 of Regulation D of the Securities Act
22. Obtaining consumer's private financial information under false pretenses
Pretexting
Other constituency statutes
Statute of limitations
Performance
23. The documents that parties file in connection with their lawsuit
Lien
Appellant
Pleadings
Prosecution
24. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Mistake
Section 4 of the Securities Act
Resource Conservation and Recovery Act
Unilateral rescission
25. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Restatement (Second) of Contracts
Exclusive dealing agreement
Chapter 13 of the Code
Creditor
26. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
National Treatment
Exclusive dealing agreement
Bilateral Investment Treaty program
Truth in Lending Act
27. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Section 10(b) and Rule 10b-5 of the Exchange Act
Pregnancy Discrimination ACt
Federal Environmental Pesticide Control Act
Section 12 (a)(1) of the Securities Act
28. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Undue influence
Legal detriment
8-K
Product liability
29. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Social entity or stakeholder theory of the corporation
Chapter 11 of the Code
Executed exchange
Resource Conservation and Recovery Act
30. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Multilateral treaties
Verdict
Obligor
Exclusive distributor agreements
31. (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
'due process'
Specialized federal courts
Strict liability
32. Legally recognized injury
The Council on Environmental Quality
Bureau of Customs and Border Protection
Counterclaims
Injury-in-fact
33. 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
Commencing a lawsuit
Automatic stay
Precedent
Rule 505 of Regulation D of the Securities Act
34. 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
Legal detriment
Section 701 of the Securities Act
Unilateral mistake
Rational basis test
35. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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36. The person to extends credit or a loan - and hence the person to whom a debt is owed
National Ambient Air Quality Standards
Creditor
National Labor Relations Board (NLRB)
Rule 147 of the Securities Act
37. Once a beneficiary's rights have vested - she has enforceable claim against the promisee because the promisee's act was gratuitous. The beneficiary's rights arise from the contract between the promisor and the promisee
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38. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Contract
Consumer protection
Specialized federal courts
Novation
39. 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)
Superfund
Group boycotts
Option contract
Control persons
40. 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
Assignment of rights
Occupational Safety and Health Administration (OSHA)
Revocation
Employee-at-will
41. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Sherman Act
Substantive unconscionability
Criminal Trial
Intended beneficiary
42. 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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43. When a party takes back his repudiation and agrees to perform under the contract. Retraction is not valid if the non-repudiating party has materially changed her position in reliance on teh repudiation - or indicated her willingness to treat the repu
Retraction
Federal question jurisdiction
Commercial speech
Security interest
44. Negative causation - due diligence defense - ...
A motion of summary judgement
Precedent
Securities Exchange Act of 1934
Defenses against liability of misrepresentations or omissions
45. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Excuse of condition
Employment discrimination
Standing
Unemployment compensation laws
46. 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
Securities and Exchange Commission
Social entity or stakeholder theory of the corporation
Other constituency statutes
Trademark
47. The person who assigns her rights
Administrative Procedure Act
Obligee
Americans with Disabilities Act (ADA)
Trademark
48. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Restitution
Bureau of Consumer Protection
Environmental Protection Agency (EPA)
Res judicata
49. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Expertised portion
Employment discrimination
Res ipsa loquitor
Accord
50. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Lanham Act
'Takings'
National Institute for Occupational Health
Prospectus