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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. 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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2. Legally recognized injury
Injury-in-fact
Donee beneficiary
National Environmental Policy Act (NEPA)
Duties that cannot be delegated
3. 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.
General jurisdiction
Misrepresentation
Diminution in value
Corporate social responsibility
4. Treaties between two nations addressing investment concerns
Common Law
Legal capacity
Penalty
Bilateral investment treaties
5. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Promisee's rights
The Environmental Quality Report
The Family and Medical Leave Act
Federal question jurisdiction
6. 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
Control persons
Environmental Protection Agency (EPA)
Misappropriation theory
Who is liable
7. Regulates air and water pollution as well as address problems associated with certain toxic substances
10-K
Scienter
Section 12(a)(2)
Environmental Protection Agency
8. A classification that includes gender and legitimacy. If the regulation involves quasi-suspect classification - then the courts may apply intermediate scrutiny. Thus - the regulation will be valid so long as it is substantially tailored to meet an im
Quasi-suspect classification
Motion for a more definitive statement
Mutual rescission
Defenses against liability of misrepresentations or omissions
9. The agreement to create a security interest
Misstatement or omission
Rules of interpretation of a contract by a court
Security agreement
Production quotas
10. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Public company
Federal Environmental Pesticide Control Act
Expertised portion
Misappropriation theory
11. Employers make payments to retired employees based on the length of their employment and the wages they received.
Effect of delegation
Mutual rescission
Defined benefit plans
Foreign Corrupt Practices Act
12. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Involuntary proceeding
Res judicata
Accord
Shareholder primacy
13. A trivial defect in performance (the opposite of material breach).
Incidental beneficiary
Substantial performance
Bilateral contract
'Quid pro quo'
14. He has the enforceable right against the obligor because he is considered the real party interest.
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15. 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
Petit jury
Intended beneficiary
Bilateral contract
16. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Appellant
Restitution
Private placement
Lien
17. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Enabling acts
Penalty
Misstatement or omission
Foreign Sovereign Immunities Act
18. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Oral argument
Reliance damages
National Environmental Policy Act (NEPA)
Unemployment compensation laws
19. A condition that must occur before a duty to perform arises
Environmental Protection Agency (EPA)
Design defect
Statutory Seller
Condition precedent
20. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Misrepresentation
Contract with intoxicated persons
Plaintiff
Liquidated damages clause
21. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
Manufacturing defect
Bureau of Consumer Protection
Objective standard
National Treatment
22. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Adhesion
Demand assurance
Restitution
Substantive unconscionability
23. An exemption for securities sold outside of the U.S.
Regulation S of the Securities Act
Restatement (Second) of Contracts
Multilateral treaties
Fraud
24. The creditor's security interest in real property
Private placement
Res judicata
Mortgage
Misstatement or omission
25. 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)
Group boycotts
Burden of proof
Objective standard
Section 12(a)(2)
26. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Affirm or disaffirm
Social Security Act
Parol Evidence Rule
Petit jury
27. The Hart-Scot-Rodino Act - which requires corporations to notify FTC and the U.S. Justice Department when they engage in a merger. Mergers are prohibited under the Act if the market related to the merger is substantially concentrated and if - after t
Assignor
Equal Pay Act (EPA)
Section 7A of the Clayton Act
Federal district court
28. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Employee-at-will
Token consideration
Vesting of beneficiary's rights
Parol Evidence Rule
29. It represents notice that a lawsuit has been filed against the defendant
Summons
Substantive unconscionability
Anticipatory repudiation
Bilateral treaties
30. Only one of the party wants to rescind the contract - which requires legal grounds to do so.
Unilateral rescission
Consideration
Investment contracts
Obligee
31. 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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32. What the courts uses to assess whether or not a particular restraint (trusts that restrain trade) is reasonable (is it economically efficient)
Section 11 of the Securities Act
Rule of reason
'in pari delicto'
Jurisdiction
33. Actual performance of an obligation
Accredited investor
Equal Credit Opportunity Act
Satisfaction
Counterclaims
34. An undertaking or commitment to act or refrain from acting in a specified way in the future. There is a 'promisor' and the 'promisee' - and sometimes a 'beneficiary' (someone else who benefits - but is outside the promise)
Promise
Export Administration Regulations (EAR)
Rule 147 of the Securities Act
Bona fide occupational qualification
35. An offer is not viewed as accepted unless the acceptance corresponded exactly with the terms of the offer. Therefore - any response by the offeree that changed the terms of the agreement would be treated as a rejection.
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36. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Token consideration
Security interest
Equal Pay Act (EPA)
Informed consent
37. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Direct damages
Motion to strike
Remediation
Unilateral rescission
38. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Accord
Horizontal agreement
Implied terms
Executed exchange
39. When the jury retires to a separate room to decide the outcome of the case.
Automatic stay
Sherman Act
Remand
Deliberation
40. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Equal protection
Affirmative defenses
Federal Environmental Pesticide Control Act
Production quotas
41. Regulates radio - television - and other forms of interstate communications
Intended beneficiaries of government contract
Federal Communications Commission
Assignee
Donee beneficiary
42. When there is no bargained-for exchange - because there is no exchange.
Gift
Bureau of Customs and Border Protection
Social entity or stakeholder theory of the corporation
Section 10(b) and Rule 10b-5 of the Exchange Act
43. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Offer
Penalty
Federal district court
Restitution and rescission
44. 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
When an assignment becomes void
Companies that are subject to the exchange act (Reporting companies)
General jurisdiction
Employment discrimination
45. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Foreclosure
Section 12 (a)(1) of the Securities Act
Process of assignment
Unilateral rescission
46. When an employer requests a sexual favor in exchange for providing an employee with some employment benefit.
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47. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Market division
Clayton Act
Occupational Safety and Health Act
Contract law
48. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Civil Law or Code Law
Occupational Safety and Health Act
Equal Pay Act (EPA)
Obligor
49. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Negative causation
Specialized federal courts
Content-neutral restrictions
Mortgage
50. This takes place when a crime has been committed against the state. In this case - there is a prosecution - which writes an indictment and sends it to the grand jury. If the grand jury decides that there is sufficient evidence - it will return the pr
Creditor
Criminal Trial
Mutual rescission
Reliance damages