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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 obligee who officially assigned over his rights
Statute of limitations
Legal capacity
Assignor
Uniform Laws
2. Securities issued by the federal government - state governments - or any of their subdivision; securities issued by a charitable organization; issued by banks or saving or loan institutions - issued by a receiver or trustee in bankruptcy;. issued wit
Creditor beneficiary
Exempt securities and transactions
Duty to mitigate
Rule 12b (6) motion
3. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Bona fide occupational qualification
Bureau of Consumer Protection
Chapter 13 of the Code
Control persons
4. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Foreign Corrupt Practices Act
Substantive unconscionability
Concurrent conflict of interests
Informed consent
5. It is an action to avoid unjust enrichment.
Unjust enrichment
Americans with Disabilities Act (ADA)
Rules of construction
Restitution
6. 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
Appellate jurisdiction
Motion of directed verdict or of dismissal
Rules of construction
Criminal Trial
7. 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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8. 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.
Burden of proof
Enabling acts
Indictment
Clean Air Act
9. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Assignment of rights
Reliance damages
Bureau of Customs and Border Protection
Federal Communications Commission
10. Previous decisions made by decisions - by which the current judges must abide by.
Affirmative defenses
Truth in Lending Act
Judgment n.o.v.
Precedent
11. An undertaking or commitment to act or refrain from acting in a specified way in the future. There is a 'promisor' and the 'promisee' - and sometimes a 'beneficiary' (someone else who benefits - but is outside the promise)
Market division
Duress
Deontological
Promise
12. 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
Substitutes of consideration
Scienter
General Agreement on Tariffs and Trades
Counteroffer
13. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Civil Law or Code Law
Petit jury
Federal Trade Commission (FTC)
Sherman Act
14. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Uniform Commercial Code ('UCC')
Misrepresentation
Consideration
Superfund
15. Both a rejection and termination of the original offer.
Pension Benefit Guaranty Corporation (PBGC)
Group boycotts
Counteroffer
Market division
16. Negative causation - due diligence defense - ...
Defenses against liability of misrepresentations or omissions
'Quid pro quo'
Secured transaction
'de nuvo'
17. 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
Accord
Fair Labor Standards Act (FLSA)
Bilateral Investment Treaty program
18. Inadequate warning of danger - which can be construed as a design defect
Inadequate warning defect`
National Institute for Occupational Health
Bilateral investment treaties
Assignee
19. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
Malpractice
Inadequate warning defect`
Misstatement or omission
Vertical agreements
20. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Malpractice
Administrative law judges
Misappropriation theory
The Council on Environmental Quality
21. The defendant intended the product to cause harm or know that it was likely to occur. The defendant's conduct fell below the appropriate standard of care. Qualifies as negligence - because the defendant is a supplier because he has a duty. The defend
Regulation S of the Securities Act
Incidental beneficiary
Procedural unconscionability
Liability based on intentional tort
22. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Quasi-suspect classification
Rule 506 of Regulation D of the Securities Act
Employment law
Unjust enrichment
23. 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
Trademark
Legal detriment
Writ of habeas corpus
Condition precedent
24. 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
Consideration
Bilateral treaties
Exclusive dealing agreement
Reliance
25. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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26. Treaties between two nations addressing investment concerns
Section 4 of the Securities Act
8-K
Affirm or disaffirm
Bilateral investment treaties
27. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Demurrer
Truth in Lending Act
Personal jurisdiction
Motion of directed verdict or of dismissal
28. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Misappropriation theory
Scienter
Section 10(b) and Rule 10b-5 of the Exchange Act
Section 12 (a)(1) of the Securities Act
29. 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
Strict liability
Security agreement
Trademark
Clean Water Act
30. Laws designed to ensure that employees who have work-related injuries receive compensation for those injuries without having to engage in litigation. Each state has worker's compensation statute - setting forth a specific level of benefits that emplo
Workers compensation laws
Gramm-Leach-Bliley Act
'clear and present'
Procedural unconscionability
31. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
National Labor Relations Board (NLRB)
Grand jury
Informed consent
Section 11 of the Securities Act
32. 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
Discovery
Rational basis test
Appellate jurisdiction
Bureau of Consumer Protection
33. Claims that the defendant has against the plaintiff
Clean Water Act
Rule of reason
Counterclaims
Bilateral contract
34. A trivial defect in performance (the opposite of material breach).
'in pari delicto'
Substantial performance
Bona fide occupational qualification
'Past consideration'
35. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Regulation D of the Securities Act
Age Discrimination in Employment Act (ADEA)
Content-neutral restrictions
Expectation damages (also known as the 'benefit of the bargain')
36. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
General jurisdiction
Chapter 13 of the Code
Defined contribution plan
Superfund
37. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Securities Exchange Act of 1934
Rules of interpretation of a contract by a court
Trust
Reliance
38. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Export Administration Act (EAA)
Demand assurance
Implied contract
Negative causation
39. 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.
Excuse of condition
Horizontal agreement
Rule 504 of Regulation D of the Securities Act
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
40. The right to hold a security interest on a debtor's property.
Rules of construction
Lien
Clean Air Act
Multilateral treaties
41. When a court believes that a contract is so one-sides and unfair that it would be unconscionable to enforce it. (Two different types are substantive and procedural) A contract becomes voidable
Fraud
Pretexting
Unconscionability
Production quotas
42. 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.
Gift
Injunction
Toxic Substances Control Act
Consideration
43. 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
Bureau of Consumer Protection
Injury-in-fact
'Mailbox' rule
Resource Conservation and Recovery Act
44. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Implied contracts
Grand jury
Equal Employment Opportunity Commission (EEOC)
Diversity jurisdiction
45. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Verdict
'Mailbox' rule
Res judicata
Lien
46. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Mutual mistake
Export Administration Regulations (EAR)
Option contract
Administrative Procedure Act
47. Treaties entered into between two nations
Price fixing
Criminal Law
Bilateral treaties
Mutual assent
48. Duties that involve some personal service or skill or that would materially change the obligor's expectancy under the contract may not be delegated without the obligee's consent. When a contract prohibit assignment - then it also cannot be delegated.
Lien
Chapter 13 of the Code
Clayton Act
Duties that cannot be delegated
49. 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
Securities
Security agreement
Bilateral treaties
Priority of secured transactions
50. 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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