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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. 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.
Contract with intoxicated persons
Corporate social responsibility
Scienter
Prosecution
2. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Quasi-contract
Truth in Lending Act
Supreme Court powers
Statutory Seller
3. The obligee who officially assigned over his rights
Chapter 7 of the Code
Exchange Act Regulations
Assignor
Materiality
4. 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'
Contract
Implied terms
Levels of courts
Section 4 of the Securities Act
5. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
Utilitarianism
Commencing a lawsuit
A motion of summary judgement
Superfund
6. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
United States Bankruptcy Code ('Code')
Mistake
Chapter 13 of the Code
Involuntary proceeding
7. 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.
Incidental beneficiary
Statutory Seller
'in pari delicto'
Limited jurisdiction
8. 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
Subject matter jurisdiction
Specific performance
Incidental beneficiary
The Statute of Frauds
9. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Prospectus
Quasi-suspect classification
Export Administration Regulations (EAR)
Restatement (Second) of Contracts
10. An annual report required by the Exchange Act
Retraction
10-K
Consequential damages
Inadequate warning defect`
11. 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
Nonexpertized portions
Statutory Seller
Utilitarianism
Title VII of the Civil Rights Act of 1964
12. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Federal district court
Excuse of condition
Informed consent
Verdict
13. 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)
National Labor Relations Board (NLRB)
Model Rules of Professional Conduct
Defined benefit plans
Option contract
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
Concurrent conflict of interests
Effect of delegation
Excuse of condition
Section 11 of the Securities Act
15. The party that won in the previous court trial - but the other party is appealing the decision.
Promisee's rights
Appellee or respondent
Administrative Procedure Act
Vertical agreements
16. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Prosecution
Appellate jurisdiction
Administrative Procedure Act
Penalty
17. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Executed exchange
The Council on Environmental Quality
'Mailbox' rule
Assignment of rights
18. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Organization for Economic Co-operation and Development (OECD)
Injunction
Accord
Procedural unconscionability
19. 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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20. 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
Burden of proof
Export Administration Act (EAA)
Workers compensation laws
Mutual rescission
21. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Token consideration
General Agreement on Tariffs and Trades
Social Security Act
Concurrent conflict of interests
22. Treaties entered into between two nations
Securities Exchange Act of 1934
Ordinances
Bilateral treaties
Breach
23. Offering made to purchase all or a portion of the shares of a specific company
Tender offers
Multilateral treaties
Legal ethics
Rule of reason
24. 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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25. The difference between the value of the property as substantially complete and the value of the property upon full performance
Commencing a lawsuit
Demurrer
Pleadings
Diminution in value
26. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Section 5 of the Securities Act
Expropriation
Condition precedent
'Mailbox' rule
27. An intent to deceive or defraud
Federal Insurance Contributions Act
Exempt securities and transactions
Scienter
Performance
28. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Delegation
Other constituency statutes
Organization for Economic Co-operation and Development (OECD)
Express contract
29. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Duress
National Labor Relations Act
National Treatment
Americans with Disabilities Act (ADA)
30. Claims that the defendant has against the plaintiff
Liability based on intentional tort
Quasi-contract
Counterclaims
Res judicata
31. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Intended beneficiary
Contract law
Uniform Commercial Code ('UCC')
Levels of courts
32. This means that each party to the contract must manifest or reveal her intent to be bound to a given exchange. Mutual assent is a requirement for a contract to be formed. There must be an offer and an acceptance.
Mutual assent
Securities and Exchange Commission
Revocability
Motion
33. Torts and contracts... represents law that regulates the relationships between parties.
Civil Law
8-K
Answer
Section 12(a)(2)
34. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c
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35. The creditor's security interest in real property
Mortgage
Subjective intent
Original jurisdiction
Private placement
36. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Sham consideration
'meeting of the minds'
Mental incapacity
Section 10(b) and Rule 10b-5 of the Exchange Act
37. 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.
Federal circuit court of appeals and the federal court of appeals
Employment law
Security agreement
Legal ethics
38. Employers make payments to retired employees based on the length of their employment and the wages they received.
Revocation
Federal Trade Commission
Defined benefit plans
Statutory Seller
39. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Negative causation
Section 12 (a)(1) of the Securities Act
Trust
Materiality
40. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Expropriation
Charitable contributions
Concurrent conflict of interests
Trial court
41. When the creditor initiates the proceedings.
'Infants' or 'minors'
Involuntary proceeding
Collective bargaining
Condition subsequent
42. 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
Equity of redemption
Unconscionability
Complete or total integration
Economic waste
43. These are approximate damages to show the necessary amount to compensate the party if the breach had not occurred and the contract has been fully performed. Expectation damages are comprise of direct and consequential damages.
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44. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Defendant
Fair Debt Collection Act
Consideration
Federal Information Act
45. When a control makes a profit purchasing and selling her shares within a six-month period
Scienter
Short swing profits
Control persons
Legal ethics
46. A current report required by the Exchange Act
Section 701 of the Securities Act
8-K
General jurisdiction
Express contract
47. 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
Novation
Hung jury
Reporting company
48. When a court believes that a contract is so one-sides and unfair that it would be unconscionable to enforce it. (Two different types are substantive and procedural) A contract becomes voidable
Federal Trade Commission (FTC)
Unconscionability
Joint obligation
Rule 12b (6) motion
49. A contract entered into by a person who is intoxicated (by alcohol or drugs) is also voidable by the intoxicated person. This can be done by proving that he did not understand the nature and significance of her actions - or the other party had reason
Contract with intoxicated persons
Changed circumstances that allow a party to be excused from performance under the contract
Assignor
Supervening illegality
50. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Control persons
Subject matter jurisdiction
8-K
Foreign Sovereign Immunities Act