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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.
National Treatment
Corporate social responsibility
Mutual assent
Workers compensation laws
2. 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
Occupational Safety and Health Administration (OSHA)
Reliance
Sham consideration
Affirm or disaffirm
3. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Production quotas
Private placement
Security interest
Americans with Disabilities Act (ADA)
4. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Counterclaims
Price fixing
Manufacturing defect
Reliance damages
5. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Securities and Exchange Commission
Direct damages
Attachment
Implied contract
6. Agreements between buyers and sellers - price-related agreements are per se illegal. Such agreements require court scrutiny based on the rule of reason in order to be held illegal.
Supreme Court powers
Vertical agreements
Administrative Procedure Act
Organization for Economic Co-operation and Development (OECD)
7. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Affirm or disaffirm
Mutual mistake
National Institute for Occupational Health
Equal Employment Opportunity Commission (EEOC)
8. Contracts that are formed for the intended benefit of some third party.
Third party beneficiary
Obligor's rights
'Ffour corners'
Statutory Seller
9. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
A motion of summary judgement
Unemployment compensation laws
'clear and present'
Illusory promise
10. A person who is not an intended beneficiary
Organization for Economic Co-operation and Development (OECD)
Ordinances
Incidental beneficiary
Reliance
11. Laws created by city councils or county boards - aimed at local matters
Judicial review
Control persons
Ordinances
Motion for a more definitive statement
12. They represent losses that result from other transactions that are dependent upon the breached contract
Penalty
Consequential damages
Motion
'de nuvo'
13. When the debtor voluntarily initiates the bankruptcy proceedings
Americans with Disabilities Act (ADA)
Voluntarily proceeding
Treaties authority
Pre-existing duty
14. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
Attorney/client privilege
Misappropriation theory
Demurrer
Affirm or disaffirm
15. The proceeding for a supervised reorganization of the debtor's business. The debtor must present a plan of reorganization to the bankruptcy court. After 120 days - creditors have the right to present competing plans. The court makes the final determi
Chapter 11 of the Code
Subjective intent
Rational basis test
Sham consideration
16. 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
Breach
Total breach
Objective standard
Writ of certiorari
17. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Termination of an invitation to make an offer
Taking a contract 'out of the Statute of Frauds'
Chapter 7 of the Code
'Ffour corners'
18. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Creditor beneficiary
Levels of courts
Corporate social responsibility
Option contract
19. (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
Mutual assent
Tender offers
Liability based on intentional tort
20. When the plaintiff's damages were caused by something other than the misrepresentation or omission
'Ffour corners'
Negative causation
Gift
National Labor Relations Board (NLRB)
21. Duties that involve some personal service or skill or that would materially change the obligor's expectancy under the contract may not be delegated without the obligee's consent. When a contract prohibit assignment - then it also cannot be delegated.
Monopoly
Duties that cannot be delegated
Secured transaction
Penalty
22. Oversees the purchase and sale of securities
Trademark
Plaintiff
Rule 12b (6) motion
Securities and Exchange Commission
23. 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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24. When a control makes a profit purchasing and selling her shares within a six-month period
Materiality
Fair Labor Standards Act (FLSA)
Short swing profits
Trademark
25. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Collateral
Original jurisdiction
Manufacturing defect
Post-trial motions
26. Both a rejection and termination of the original offer.
Counteroffer
Original jurisdiction
Federal circuit court of appeals and the federal court of appeals
Retraction
27. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Appellate jurisdiction
Fair Debt Collection Act
Chapter 13 of the Code
Federal circuit court of appeals and the federal court of appeals
28. 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
Criminal Trial
Private placement
Revocation
10-K
29. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
The Council on Environmental Quality
United States Bankruptcy Code ('Code')
Price fixing
Pension Benefit Guaranty Corporation (PBGC)
30. A condition that occurs at the same time as performance
Toxic Substances Control Act
Injunction
Social Security Administration
Condition concurrent
31. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Legal capacity
Liability based on intentional tort
Manufacturing defect
National Institute for Occupational Health
32. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
Revocability
Discharge of contract
Suspect classification
Federal Communications Commission
33. A condition that cuts off a pre-existing duty
Parol Evidence Rule
Condition subsequent
Material breach
Duty to mitigate
34. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Section 12(a)(2)
Multilateral treaties
Creditor
Monopoly
35. 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.
Consideration
Bilateral treaties
Federal circuit court of appeals and the federal court of appeals
Examples of Uniform Laws
36. Prohibits institutions from discrimination related to credit applications
Sherman Act
Equal Credit Opportunity Act
Creditor
Writ of certiorari
37. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Revocability
Defendant
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
38. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Post-trial motions
'in pari delicto'
Civil liability
Misstatement or omission
39. 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.
Token consideration
Reliance damages
Unsecured creditor
Duty to mitigate
40. A supervening stature makes a contract illegal - and thereby makes performance impossible
Precedent
Strict liability
Incidental beneficiary
Supervening illegality
41. Seeks to promote market economics and democratic governments
Misappropriation theory
Personal jurisdiction
Organization for Economic Co-operation and Development (OECD)
Expropriation
42. 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
When an assignment becomes void
A motion of summary judgement
Unconscionability
Content-neutral restrictions
43. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
Federal question jurisdiction
Strict liability
Substitutes of consideration
Incidental beneficiary
44. After taking the case to the federal district court - the party has the right to appeal to the federal circuit court of appeals. there are twelve federal appeals courts that hear cases from several different district courts within a specific geograph
Substantial performance
Perfected
Federal Information Act
Process of appealing a case through the three levels of court
45. An exemption for transactions involving offerings to employees.
Statutory Seller
Counteroffer
Section 701 of the Securities Act
Discovery
46. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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47. When the breach is so central to the contract that it significantly impairs the contract's value to the promisee. In this case - the promisee cannot terminate the agreement - but he can sue and suspend his performance.
Mistake
Undue influence
Material breach
Pretexting
48. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Breach
Obligor
Bilateral Investment Treaty program
Taking a contract 'out of the Statute of Frauds'
49. The agreement to create a security interest
Security agreement
Judicial review
Subject matter jurisdiction
A motion of summary judgement
50. Automatic violations of the Sherman Act
'Mirror image' rule
Per se
Legal ethics
Liquidated damages clause