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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. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Export Administration Act (EAA)
Section 5 of the Securities Act
Federal Information Act
Unjust enrichment
2. It is a promise stated in words - either oral or written.
Scienter
Quasi-suspect classification
Express contract
Pre-existing duty
3. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Price fixing
Rule of reason
Rule 506 of Regulation D of the Securities Act
Fair Labor Standards Act (FLSA)
4. 1) By lapse of time: When an 'invitation to make an offer' is made but not accepted - the offer will terminate once a reasonable period of time has passed (whether agreed upon time or not) 2) Death of the offeror 3) If the offeror proves to be mental
Inadequate warning defect`
Termination of an invitation to make an offer
Unjust enrichment
Criminal Law
5. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
Restitution and rescission
Pre-existing duty
Rules of construction
Pretexting
6. 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
Scienter
Unconscionability
Affirm or disaffirm
Clean Air Act
7. 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
Foreign Corrupt Practices Act
Suspect classification
Incidental beneficiary
Writ of certiorari
8. 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.
Precedent
Toxic Substances Control Act
Rational basis test
Equal Employment Opportunity Commission (EEOC)
9. 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
Appellate jurisdiction
Rules of construction
Pregnancy Discrimination ACt
10-Q
10. The agreement to create a security interest
Scienter
National Ambient Air Quality Standards
Security agreement
Domicile
11. 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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12. 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
Pretexting
Chapter 11 of the Code
Federal Trade Commission (FTC)
Occupational Safety and Health Act
13. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Revocation
Rules of interpretation of a contract by a court
Stare decisis
Clean Water Act
14. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Joint obligation
Reliance damages
Revocability
Public company
15. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Rule 12b (6) motion
Security interest
Expropriation
Clean Air Act
16. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Motion
Control persons
Attachment
Res ipsa loquitor
17. Contracts that are formed for the intended benefit of some third party.
10-Q
Third party beneficiary
Affirm or disaffirm
Levels of courts
18. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Federal question jurisdiction
Consideration
Prosecution
Defendant
19. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Liquidated damages clause
Injury-in-fact
Offer
Commencing a lawsuit
20. When the product is properly manufactured - but the design poses a danger to consumers. Plaintiff must prove that the manufacturer could have used an alternative design that was still economically feasible
Pleadings
Design defect
Superfund
Bilateral investment treaties
21. The promisor's failure to perform in accordance with the terms of the contract
Model Rules of Professional Conduct
Deliberation
Breach
Production quotas
22. The person being sued
Counterclaims
Securities
Secured transaction
Defendant
23. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Delegation
Consumer protection
Petit jury
Pretexting
24. 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.
Securities Act Registration
Employee-at-will
Priority of secured transactions
Informed consent
25. The first court to consider an action
Corporate social responsibility
Joint obligation
Original jurisdiction
Answer
26. The obligee who officially assigned over his rights
Assignor
Shareholder primacy
Production quotas
Excuse of condition
27. Laws created by city councils or county boards - aimed at local matters
Ordinances
Security agreement
Nonexpertized portions
Injury-in-fact
28. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Secured transaction
Material breach
Social Security Administration
Production quotas
29. Employers make payments to retired employees based on the length of their employment and the wages they received.
Reporting company
Substantive unconscionability
Defined benefit plans
Social entity or stakeholder theory of the corporation
30. 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.
Defenses against liability of misrepresentations or omissions
Examples of Uniform Laws
Federal question jurisdiction
Condition
31. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
Control persons
Multilateral treaties
Preponderance of evidence
Specific performance
32. Ethical behavior is guided by duties or obligation. John Locke referred to these obligations as 'natural rights' that are natural - universal - and inalienable (as seen in the Declaration of Independence)
Production quotas
Rule 144 of the Securities Act
Counteroffer
Deontological
33. The property that is the subject of a security interest
Collateral
Bilateral treaties
Burden of proof
Federal Rules of Civil Procedures
34. A company subject to the Exchange Act
Equity of redemption
Standing
National Environmental Policy Act (NEPA)
Reporting company
35. 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
Administrative Procedure Act
Occupational Safety and Health Administration (OSHA)
Expertised portion
Remand
36. The party seeking to appeal the previous court's decision
Appellant
Sham consideration
Federal district court
Misstatement or omission
37. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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38. Misrepresentation that was made with intent
Preponderance of evidence
Legal capacity
Fraud
Examples of Uniform Laws
39. A U.S. program that coordinates efforts to provide protection for the investment interests of it's citizens doing business in foreign countries - and improve investor's access to foreign markets. Helps develops international policies and laws
Taking a contract 'out of the Statute of Frauds'
Expertised portion
Bilateral Investment Treaty program
Discharge of contract
40. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
Effect of delegation
Perfected
Securities Exchange Act of 1934
41. Prevents discrimination against employees who are 40years old or more
Unilateral mistake
Other constituency statutes
Legal detriment
Age Discrimination in Employment Act (ADEA)
42. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Negative causation
Export Administration Act (EAA)
Defined contribution plan
43. An annual report required by the Exchange Act
10-K
Superfund
Production quotas
Unemployment compensation laws
44. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Summons
Revocability
Regulation A of the Securities Act
45. 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.
Employment law
Attorney/client privilege
'de nuvo'
Securities Act
46. When the jury retires to a separate room to decide the outcome of the case.
Jurisdiction
Deliberation
Rational basis test
Implied contracts
47. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Creditor beneficiary
Unjust enrichment
Bilateral treaties
Employment law
48. 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.
Limited jurisdiction
Fraud
Securities Act
Unilateral contract
49. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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50. Offering made to purchase all or a portion of the shares of a specific company
Adhesion
Short swing profits
Security agreement
Tender offers