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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. The obligor does not need to provide consent - but does need to be given notice.
Termination of an invitation to make an offer
Employment discrimination
Process of assignment
Mutual mistake
2. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Reliance damages
Section 10(b) and Rule 10b-5 of the Exchange Act
Trademark
Exempt securities and transactions
3. Words or actions an individual may have intended - but did not communicate
Misrepresentation
Manufacturing defect
Fraud
Subjective intent
4. Enacted in 1969 to protect the environment from the actions of public or private actors. It declared a policy and promoted efforts to prevent or eliminate environmental damage. It also ensures that public and private actors better understand the ecol
National Environmental Policy Act (NEPA)
Gift
Novation
Breach
5. 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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6. 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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7. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Goods
Deliberation
Bureau of Consumer Protection
Answer
8. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Executed exchange
Strict liability
Motion
Vertical agreements
9. When a contract is delegated - the obligee must accept the performance of the delegate. Unless the obligee agrees to release him from liability - the delegator remains liable under the contract until the delegate has performed. Once a delegate perfor
Effect of delegation
Adhesion
Creditor beneficiary
United States Bankruptcy Code ('Code')
10. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
10-Q
Federal Trade Commission (FTC)
Grand jury
Product liability
11. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Section 12 (a)(1) of the Securities Act
Section 7A of the Clayton Act
Consideration
Equal Employment Opportunity Commission (EEOC)
12. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Restitution
8-K
Fair Debt Collection Act
Employment law
13. 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)
Duress
Statutory Seller
Chapter 11 of the Code
14. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Liquidated damages clause
Penalty
Charitable contributions
15. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
'clear and present'
Trial court
Exclusive distributor agreements
Affirmative defenses
16. Contracts that are formed for the intended benefit of some third party.
Third party beneficiary
Misappropriation theory
The Council on Environmental Quality
Procedural unconscionability
17. Laws that states have passed that aim at regulating securities transactions within their states.
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18. 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.
Equal Pay Act (EPA)
Contract law
Specific performance
Fair Labor Standards Act (FLSA)
19. Seeks to promote market economics and democratic governments
Priority of secured transactions
Age Discrimination in Employment Act (ADEA)
Pretexting
Organization for Economic Co-operation and Development (OECD)
20. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Securities
Indictment
Securities Exchange Act of 1934
Excuse of condition
21. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Novation
General Agreement on Tariffs and Trades
Common Law
Title VII of the Civil Rights Act of 1964
22. Punitive damage - non-economic damages - and attorneys' fees
Prosecution
Consequential damages
Non-recoverable damages
'Quid pro quo'
23. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Res ipsa loquitor
Civil liability
Reliance
Horizontal agreement
24. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Securities and Exchange Commission
Private placement
Taking a contract 'out of the Statute of Frauds'
Hung jury
25. A current report required by the Exchange Act
Rule 144 of the Securities Act
Federal district court
Executed exchange
8-K
26. 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
Fair Debt Collection Act
Securities Act
Expertised portion
Total breach
27. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Social entity or stakeholder theory of the corporation
Illusory promise
Nonexpertized portions
Unjust enrichment
28. Employers make payments to retired employees based on the length of their employment and the wages they received.
Defined benefit plans
Rational basis test
Reliance damages
Obligor
29. 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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30. 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).
Section 5 of the Securities Act
Per se
Manufacturing defect
Pension Benefit Guaranty Corporation (PBGC)
31. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Supreme Court powers
Section 5 of the Securities Act
Clean Water Act
Control persons
32. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Affirm or disaffirm
Trademark
Judicial review
Clean Air Act
33. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
The Social Security Administration
Complete or total integration
'clear and present'
Quasi-contract
34. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
General jurisdiction
Fair Labor Standards Act (FLSA)
'due process'
Substantial performance
35. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Other constituency statutes
Demurrer
Foreclosure
Lanham Act
36. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Collateral
Complete or total integration
Trust
Direct damages
37. A person who is not an intended beneficiary
Pleadings
Involuntary proceeding
'due process'
Incidental beneficiary
38. 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.
Material breach
Equity of redemption
Mutual mistake
Rule of reason
39. A pre-trial motion when the pleadings are vague or ambiguous.
Organization for Economic Co-operation and Development (OECD)
Motion for a more definitive statement
Hung jury
Rule 12b (6) motion
40. He has the enforceable right against the obligor because he is considered the real party interest.
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41. The party seeking to appeal the previous court's decision
Precedent
Intended beneficiaries of government contract
Appellant
Federal Information Act
42. A body of rules and system based on the decisions that judges have made in the past about such cases. It originated in England. In the late 1700s - Sir William Blackstone published 'Commentaries on the Law of England' - which provides the most compre
Lanham Act
Consequentialism
Common Law
Illusory promise
43. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
General jurisdiction
Federal district court
Intended beneficiary
Contracts that prohibit assignment
44. 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
Misrepresentation
Injunction
Creditor
45. An exemption for transactions involving offerings to employees.
Section 701 of the Securities Act
Commercial speech
Oral argument
Chapter 11 of the Code
46. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Commercial speech
Taking a contract 'out of the Statute of Frauds'
Market division
Revocability
47. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Changed circumstances that allow a party to be excused from performance under the contract
Model Rules of Professional Conduct
Misstatement or omission
Plaintiff
48. 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
Who is liable
Contracts that prohibit assignment
General jurisdiction
49. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Materiality
Process of appealing a case through the three levels of court
Scienter
50. Regulates air and water pollution as well as address problems associated with certain toxic substances
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Environmental Protection Agency
Condition precedent
Supreme Court powers