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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. An order prohibiting a party from engaging in certain conduct. A count will only issue an injunction if the damage remedy is inadequate and the injunction is necessary to prevent irreparable harm to the non-breaching party.
Injunction
Employment discrimination
Chapter 11 of the Code
Changed circumstances that allow a party to be excused from performance under the contract
2. The promisor's failure to perform in accordance with the terms of the contract
Federal Communications Commission
Revocability
Breach
Misstatement or omission
3. 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)
Concurrent conflict of interests
Deontological
Unilateral mistake
Group boycotts
4. 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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5. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Chapter 7 of the Code
Federal Rules of Civil Procedures
Non-recoverable damages
Condition subsequent
6. 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).
Companies that are subject to the exchange act (Reporting companies)
Product liability
Environmental Protection Agency
Content-neutral restrictions
7. Rule 12(b) of the Federal Rules also allows a defendant to make a motion to dismiss based on (a) a lack of subject matter jurisdiction - (b) lack of person jurisdiction - (c) lack of venue - (d) the lack of venue - (e) the failure to join necessary p
Tie-in agreement
Consideration
Rule 505 of Regulation D of the Securities Act
Rule 12b (6) motion
8. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Procedural unconscionability
Motion to strike
Prosecution
Direct damages
9. The obligation to establish his claims first
The Social Security Administration
Security agreement
Injunction
Burden of proof
10. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Express contract
Federal Insurance Contributions Act
Strict liability
Unilateral mistake
11. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Pleadings
Specific performance
National Institute for Occupational Health
Grand jury
12. Discrimination based on race or sex
Workers compensation laws
Employment discrimination
Expertised portion
Civil Law or Code Law
13. When the creditor initiates the proceedings.
Misstatement or omission
Prosecution
Involuntary proceeding
Unconscionability
14. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Civil Law or Code Law
Satisfaction
Affirmative defenses
Equal protection
15. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
Consideration
Intended beneficiaries of government contract
Enabling acts
Ordinances
16. Directors - certain officers - and owners
Control persons
Duress
Non-recoverable damages
Securities Act
17. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Resource Conservation and Recovery Act
Corporate social responsibility
Federal circuit court of appeals and the federal court of appeals
Intended beneficiary
18. 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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19. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Voluntarily proceeding
Revocability
8-K
Appellate jurisdiction
20. When a party unlawfully indicate that he will not perform when the performance is due.
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Civil Law or Code Law
Anticipatory repudiation
Utilitarianism
21. A misrepresentation made with knowledge of its inaccuracy
Scienter
National Environmental Policy Act (NEPA)
Securities and Exchange Commission
Judicial review
22. If the promisor substantially performs under teh contract
Creditor beneficiary
Consequential damages
Partial or trivial breach
Third party beneficiary
23. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Material breach
Concurrent conflict of interests
Employment law
Complete or total integration
24. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Economic waste
Changed circumstances that allow a party to be excused from performance under the contract
Commercial speech
Sham consideration
25. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Promise
Duress
Federal question jurisdiction
'meeting of the minds'
26. A supervening stature makes a contract illegal - and thereby makes performance impossible
Supervening illegality
Bona fide occupational qualification
Priority of secured transactions
Gratuitous assignment
27. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Burden of proof
Legal capacity
Rule 505 of Regulation D of the Securities Act
Bilateral treaties
28. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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29. 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).
Manufacturing defect
Intended beneficiaries of government contract
Complete or total integration
Illusory promise
30. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Prosecution
Accredited investor
Fair Labor Standards Act (FLSA)
Superfund
31. 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
Donee beneficiary
The Statute of Frauds
Rule 147 of the Securities Act
Federal Information Act
32. The power of the Supreme Court to review federal or state law as constitutional or not. It is the result of the 'Marbury v Madison' case.
Environmental Protection Agency (EPA)
Judicial review
Social Security Act
Chapter 13 of the Code
33. Both a rejection and termination of the original offer.
Counteroffer
Equity of redemption
Motion to strike
'Definite and certain'
34. 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
Pretexting
Liquidated damages clause
Precedent
Vertical agreements
35. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
'Takings'
Civil Law or Code Law
Condition precedent
Misappropriation theory
36. 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.
Rule of reason
Federal circuit court of appeals and the federal court of appeals
Consideration
Mutual assent
37. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Common Law
Prosecution
Administrative law judges
Exchange Act Regulations
38. 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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39. It is a promise stated in words - either oral or written.
Express contract
Gratuitous assignment
Social Security Act
'Ffour corners'
40. 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
Equal Credit Opportunity Act
Horizontal agreement
Clayton Act
Rules of construction
41. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Foreign Corrupt Practices Act
Automatic stay
Excuse of condition
Federal Information Act
42. 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.
Other constituency statutes
Regulation S of the Securities Act
Mutual assent
Exempt securities and transactions
43. They represent losses that result from other transactions that are dependent upon the breached contract
Commercial speech
Promisor's rights (in relation to the beneficiary)
Consequential damages
Suspect classification
44. (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)
Demurrer
Commencing a lawsuit
Deontological
Utilitarianism
45. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Model Rules of Professional Conduct
Foreign Sovereign Immunities Act
8-K
Misappropriation theory
46. 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
Executed exchange
Unconscionability
Securities Act
Parol Evidence Rule
47. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Illusory promise
Motion of directed verdict or of dismissal
Age Discrimination in Employment Act (ADEA)
Materiality
48. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Employee Retirement Income Security Act (ERISA)
Section 10(b) and Rule 10b-5 of the Exchange Act
Bargained-for-exchange
49. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Federal Information Act
Expectation damages (also known as the 'benefit of the bargain')
Rules of interpretation of a contract by a court
Goods
50. Oversees the purchase and sale of securities
Creditor
Regulation S of the Securities Act
Rule 505 of Regulation D of the Securities Act
Securities and Exchange Commission