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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. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Price fixing
Liability based on intentional tort
Federal Trade Commission (FTC)
Other constituency statutes
2. 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.
Post-trial motions
Creditor
Satisfaction
Mutual assent
3. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Demand assurance
National Labor Relations Board
Tender offers
Accredited investor
4. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Short swing profits
Strict liability
Equal protection
Promise
5. A company subject to the Exchange Act
Total breach
Reporting company
Foreign Corrupt Practices Act
Lanham Act
6. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Section 11 of the Securities Act
Total breach
Section 5 of the Securities Act
Section 12 (a)(1) of the Securities Act
7. 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
Equal protection
Discovery
United States Bankruptcy Code ('Code')
Appellate jurisdiction
8. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Non-recoverable damages
Rule of reason
Joint obligation
Charitable contributions
9. Negative causation - due diligence defense - ...
Defenses against liability of misrepresentations or omissions
Petit jury
Companies that are subject to the exchange act (Reporting companies)
Complete or total integration
10. When the creditor initiates the proceedings.
Export Administration Act (EAA)
Automatic stay
Involuntary proceeding
Treaties authority
11. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Federal Trade Commission
Termination of an invitation to make an offer
Content-neutral restrictions
National Ambient Air Quality Standards
12. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Legal capacity
Post-trial motions
Horizontal agreement
13. 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
Motion to strike
Option contract
Subjective intent
Substitutes of consideration
14. Acceptance is effective when the offeree sends it - no matter the type of communication. However - a revocation becomes valid when the offeree receives it. Again - if the offeree changes his mind - and sends two different messages - whichever reaches
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15. The promisor's failure to perform in accordance with the terms of the contract
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Writ of certiorari
Breach
'Mirror image' rule
16. It is an action to avoid unjust enrichment.
Restitution
Exclusive distributor agreements
Liability based on intentional tort
Tender offers
17. A distinct mark or symbol that identifies a business and its products
Uniform Laws
Lien
Statutory Seller
Trademark
18. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Collateral
Performance
Fraud
Rule 506 of Regulation D of the Securities Act
19. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Duress
When an assignment becomes void
Writ of certiorari
Substitutes of consideration
20. 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
Bilateral treaties
Demurrer
Consequential damages
21. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
Intended beneficiaries of government contract
Writ of habeas corpus
Process of assignment
Demand assurance
22. The person who is bringing the suit
Rule of reason
The Council on Environmental Quality
Plaintiff
Employment discrimination
23. It represents a request for the court to take some action. A motion can be filed by a defendant.
Unemployment compensation laws
Goods
'in pari delicto'
Motion
24. 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
Federal Insurance Contributions Act
Content-neutral restrictions
Environmental Protection Agency (EPA)
A motion of summary judgement
25. When both parties agree to rescind the contract
Rational basis test
Offer
Mutual rescission
Social Security Administration
26. 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.
Product liability
Equal Pay Act (EPA)
Equal Credit Opportunity Act
Limited jurisdiction
27. It is a promise stated in words - either oral or written.
Equal protection
Direct damages
Express contract
Motion
28. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Production quotas
Expertised portion
The Family and Medical Leave Act
'in pari delicto'
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.
Pension Benefit Guaranty Corporation (PBGC)
Private placement
Foreign Sovereign Immunities Act
Liability based on intentional tort
30. Actual performance of an obligation
Satisfaction
Section 11 of the Securities Act
Security interest
Contract law
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. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
Rules of construction
Federal Environmental Pesticide Control Act
Reliance damages
33. The documents that parties file in connection with their lawsuit
Federal Environmental Pesticide Control Act
Pleadings
Price fixing
Subjective intent
34. The obligee who officially assigned over his rights
Collateral
Clayton Act
Assignor
Taking a contract 'out of the Statute of Frauds'
35. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
Materiality
Condition concurrent
Equity of redemption
Federal district court
36. A misrepresentation made with knowledge of its inaccuracy
Scienter
Defined benefit plans
Employment law
Proxy
37. Discrimination based on race or sex
Employment discrimination
Subjective intent
Legal ethics
Unilateral contract
38. Earliest form of a system of laws (first seen in Babylon - 1792 BC). It is a system of laws based on an established code. The modern civil law systems are based on the codes founded in the Roman Empire. Civil law systems are used in France - Spain -
Jurisdiction
Personal jurisdiction
Implied contract
Civil Law or Code Law
39. 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
Termination of an invitation to make an offer
Taking a contract 'out of the Statute of Frauds'
Equal Employment Opportunity Commission (EEOC)
Complete or total integration
40. It is a pre-trial motion to take out certain matters
Motion to strike
Statute of limitations
Duties that cannot be delegated
Charitable contributions
41. 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
Offer
Rule 12b (6) motion
National Ambient Air Quality Standards
Novation
42. All total breaches are material breaches. However - a total breach have factors including whether there is a likelihood of a cure - further delay will prevent the promisee from making alternative arrangements - or prompt performance is a critical ele
Short swing profits
Priority of secured transactions
Expertised portion
Total breach
43. Regulates the handling of the pesticides being exported from and imported into the U.S.
Federal Insurance Contributions Act
Exchange Act Regulations
Federal Environmental Pesticide Control Act
Charitable contributions
44. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
National Treatment
Public company
Exchange Act Regulations
45. The property that is the subject of a security interest
Promisor's rights (in relation to the beneficiary)
Price fixing
Collateral
Unilateral rescission
46. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Rule 147 of the Securities Act
Duties that cannot be delegated
Contract law
Consequentialism
47. 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.
Enabling acts
Occupational Safety and Health Act
Restitution and rescission
Fair Debt Collection Act
48. Employers make payments to retired employees based on the length of their employment and the wages they received.
Grand jury
Defined benefit plans
Gramm-Leach-Bliley Act
Bilateral contract
49. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Chapter 11 of the Code
Manufacturing defect
Rules of construction
Uniform Laws
50. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Priority of secured transactions
Automatic stay
'de nuvo'
Regulation D of the Securities Act