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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. Actions designed to permanently reduce the health and safety risk associated with the site.
Shareholder primacy
Concurrent conflict of interests
Contract
Remediation
2. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
'meeting of the minds'
Illusory promise
'Ffour corners'
Quasi-contract
3. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve
Rules of construction
Grand jury
Section 10(b) and Rule 10b-5 of the Exchange Act
Companies that are subject to the exchange act (Reporting companies)
4. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Product liability
Assignee's rights
Expropriation
Social Security Act
5. The person who is bringing the suit
Condition concurrent
Plaintiff
Clean Water Act
Criminal Trial
6. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Executed exchange
Section 5 of the Securities Act
Duty to mitigate
Quasi-suspect classification
7. 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.'
Parol Evidence Rule
Resource Conservation and Recovery Act
Verdict
Assignment of rights
8. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Legal ethics
Administrative law judges
Bureau of Customs and Border Protection
Intended beneficiaries of government contract
9. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Civil Law or Code Law
Gift
Changed circumstances that allow a party to be excused from performance under the contract
Fair Debt Collection Act
10. A person who is not an intended beneficiary
Subject matter jurisdiction
Pregnancy Discrimination ACt
Revocability
Incidental beneficiary
11. Employers make payments to retired employees based on the length of their employment and the wages they received.
Quasi-contract
Defined benefit plans
Market division
Bilateral investment treaties
12. A condition that cuts off a pre-existing duty
Condition subsequent
Unilateral mistake
Multilateral treaties
Novation
13. Model Business Corporations Act and the Uniform Partnership Act of 1914 - which was superceded by the Uniform Partnership Act of 1984
Res judicata
Examples of Uniform Laws
Negative causation
Scienter
14. 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
Foreign Sovereign Immunities Act
Public company
Resource Conservation and Recovery Act
Judgment n.o.v.
15. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Motion for a more definitive statement
Verdict
Equal protection
Novation
16. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Occupational Safety and Health Administration (OSHA)
The Family and Medical Leave Act
Remand
Defined contribution plan
17. The person who assigns her rights
Obligee
Subjective intent
Public company
'Quid pro quo'
18. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Federal Trade Commission
Social entity or stakeholder theory of the corporation
Trial court
Jurisdiction
19. If the promisor substantially performs under teh contract
Partial or trivial breach
Bilateral Investment Treaty program
Defined contribution plan
Procedural unconscionability
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
Duties that cannot be delegated
Liquidated damages clause
Appellant
Scienter
21. 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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22. 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
Regulation D of the Securities Act
Gratuitous assignment
Procedural unconscionability
Chapter 11 of the Code
23. 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.
National Labor Relations Board (NLRB)
Discovery
A motion of summary judgement
Mistake
24. It is when a promisee is doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
Securities Exchange Act of 1934
Legal detriment
Hung jury
Employee Retirement Income Security Act (ERISA)
25. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Rule 147 of the Securities Act
Answer
Occupational Safety and Health Act
Multilateral treaties
26. The obligor does not need to provide consent - but does need to be given notice.
Superfund
Federal district court
Process of assignment
Expectation damages (also known as the 'benefit of the bargain')
27. 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).
Workers compensation laws
Manufacturing defect
Res judicata
Corporate social responsibility
28. 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.
General jurisdiction
Judgment n.o.v.
Mutual assent
Equal Employment Opportunity Commission (EEOC)
29. Previous decisions made by decisions - by which the current judges must abide by.
Obligor's rights
Malpractice
Prosecution
Precedent
30. 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
Rules of interpretation of a contract by a court
Security interest
Rule 12b (6) motion
Contracts that prohibit assignment
31. The principle used by courts when both parties are equally guilty of illegality - or when the party seeking restitution is more at fault than the other party
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32. 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
Demand assurance
Federal Environmental Pesticide Control Act
Fair Credit Reporting Act
Misappropriation theory
33. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
Commencing a lawsuit
Rule 505 of Regulation D of the Securities Act
Trial court
Obligor
34. A perfected security interest takes priority over unperfected security interest. While the first person to file his security interest has priority. If neither party perfected by filing - then the first person to perfect her security interest has prio
Charitable contributions
Priority of secured transactions
Federal Communications Commission
'Mailbox' rule
35. It is the right to receive notice of any actions that would deprive a person of life - liberty - or property - and allows for the person to have the opportunity to present a case in a fair procedure before a neutral decision-maker. A clause found in
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36. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Goods
Employee Retirement Income Security Act (ERISA)
Undue influence
Workers compensation laws
37. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Reliance
Companies that are subject to the exchange act (Reporting companies)
National Treatment
Section 10(b) and Rule 10b-5 of the Exchange Act
38. An exemption for offerings that occur primarily within one state.
Liquidated damages clause
United States Bankruptcy Code ('Code')
Undue influence
Rule 147 of the Securities Act
39. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Contract
Substitutes of consideration
Vesting of beneficiary's rights
Occupational Safety and Health Act
40. 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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41. The first court to consider an action
Trust
Age Discrimination in Employment Act (ADEA)
Original jurisdiction
Personal jurisdiction
42. 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
Obligor's rights
Obligee
Occupational Safety and Health Act
43. (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
Direct damages
Foreign Sovereign Immunities Act
Retraction
44. 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
Employment discrimination
Subject matter jurisdiction
Federal Trade Commission (FTC)
Termination of an invitation to make an offer
45. An annual report required by the Exchange Act
The Statute of Frauds
10-K
Defined benefit plans
Vertical agreements
46. Oversees the purchase and sale of securities
Pre-existing duty
Exempt securities and transactions
Securities and Exchange Commission
Rules of interpretation of a contract by a court
47. The obligee who officially assigned over his rights
Assignor
Unilateral mistake
The Family and Medical Leave Act
Negative causation
48. Seeks to promote market economics and democratic governments
Counterclaims
Clean Water Act
Organization for Economic Co-operation and Development (OECD)
Duties that cannot be delegated
49. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Direct damages
Clean Water Act
Precedent
50. Regulates air and water pollution as well as address problems associated with certain toxic substances
Securities Exchange Act of 1934
Environmental Protection Agency
Security agreement
Foreign Sovereign Immunities Act