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Test your basic knowledge |
CLEP Introductory Business Law
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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 requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Export Administration Act (EAA)
General Agreement on Tariffs and Trades
Exclusive dealing agreement
Standing
2. Contracts that are formed for the intended benefit of some third party.
Third party beneficiary
Delegation
Jurisdiction
Creditor beneficiary
3. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Rule 506 of Regulation D of the Securities Act
Promise
Condition
Statutory Seller
4. Administers federal labor laws
Superfund
Gift
Market division
National Labor Relations Board
5. 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.
Federal circuit court of appeals and the federal court of appeals
Unsecured creditor
Inadequate warning defect`
Organization for Economic Co-operation and Development (OECD)
6. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Section 10(b) and Rule 10b-5 of the Exchange Act
Diminution in value
'Ffour corners'
Intended beneficiaries of government contract
7. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Secured transaction
Judicial review
Mutual mistake
Prosecution
8. The documents that parties file in connection with their lawsuit
Export Administration Act (EAA)
Pleadings
Rule 147 of the Securities Act
Chapter 13 of the Code
9. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Personal jurisdiction
Bureau of Customs and Border Protection
Performance
Materiality
10. 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.
Section 12(a)(2)
Judicial review
The Environmental Quality Report
Process of appealing a case through the three levels of court
11. 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
Obligee
Rule 12b (6) motion
Contract law
National Treatment
12. When a control makes a profit purchasing and selling her shares within a six-month period
Section 12 (a)(1) of the Securities Act
Short swing profits
Product liability
Rule of reason
13. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Defined contribution plan
Standing
Group boycotts
Obligee
14. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
Section 11 of the Securities Act
Employee Retirement Income Security Act (ERISA)
Social Security Act
15. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Demand assurance
National Institute for Occupational Health
Sherman Act
Concurrent conflict of interests
16. 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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17. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Parol Evidence Rule
Regulation A of the Securities Act
Section 5 of the Securities Act
Delegation
18. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Lien
Rule 144 of the Securities Act
Oral argument
Affirm or disaffirm
19. The person to extends credit or a loan - and hence the person to whom a debt is owed
Creditor
Summons
Truth in Lending Act
Contract with intoxicated persons
20. When there is no bargained-for exchange - because there is no exchange.
Grand jury
Gift
Counteroffer
Anticipatory repudiation
21. A quarterly report required by the Exchange Act
Motion for a more definitive statement
Creditor
Unemployment compensation laws
10-Q
22. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
Contract with intoxicated persons
Demand assurance
Accredited investor
Civil liability
23. They represent the amount of money a party has spent in justifiable reliance on a contract.
Personal jurisdiction
Reliance damages
When an assignment becomes void
Examples of Uniform Laws
24. 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.
'Blue sky' laws
Employment discrimination
10-Q
Material breach
25. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
'Takings'
Preponderance of evidence
Attorney/client privilege
Contract
26. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Market division
'Ffour corners'
Equity of redemption
Token consideration
27. A condition that occurs at the same time as performance
Quasi-contract
Condition concurrent
Who is liable
Expertised portion
28. The person to whom the right is assigned
Pleadings
Content-neutral restrictions
Assignee
National Treatment
29. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Token consideration
Effect of delegation
Expertised portion
Civil liability
30. An exemption for securities sold outside of the U.S.
Anticipatory repudiation
Regulation S of the Securities Act
Joint obligation
Equal Credit Opportunity Act
31. The Hart-Scot-Rodino Act - which requires corporations to notify FTC and the U.S. Justice Department when they engage in a merger. Mergers are prohibited under the Act if the market related to the merger is substantially concentrated and if - after t
Section 7A of the Clayton Act
Administrative Procedure Act
Pre-existing duty
Materiality
32. 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).
Hung jury
Revocability
Manufacturing defect
Securities
33. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Writ of certiorari
Appellee or respondent
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Implied terms
34. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Total breach
Federal Trade Commission
Fair Debt Collection Act
Gramm-Leach-Bliley Act
35. It represents a request for the court to take some action. A motion can be filed by a defendant.
Section 12 (a)(1) of the Securities Act
Collective bargaining
Motion
Restitution and rescission
36. 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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37. The obligor does not need to provide consent - but does need to be given notice.
Process of assignment
Scienter
Preponderance of evidence
Answer
38. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Injury-in-fact
Condition
Market division
Automatic stay
39. 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.
Material breach
Priority of secured transactions
A motion of summary judgement
Section 12(a)(2)
40. Previous decisions made by decisions - by which the current judges must abide by.
Gift
Prospectus
Precedent
Expropriation
41. It is a promise stated in words - either oral or written.
Express contract
Assignor
Assignee
Complete or total integration
42. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Federal question jurisdiction
Motion to strike
Employment law
Levels of courts
43. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Price fixing
Illusory promise
Collateral
Perfected
44. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Verdict
Obligor
Bona fide occupational qualification
Objective standard
45. A U.S. program that coordinates efforts to provide protection for the investment interests of it's citizens doing business in foreign countries - and improve investor's access to foreign markets. Helps develops international policies and laws
Bilateral Investment Treaty program
Unconscionability
Answer
Control persons
46. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
The Environmental Quality Report
Treaties authority
Trust
Verdict
47. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Inadequate warning defect`
Bureau of Customs and Border Protection
Truth in Lending Act
Performance
48. This is when an assignment is not supported by consideration and is revocable. It will only become irrevocable when (a) the obligor has performed her obligations to the assignee - (b) the assignor delivers the assignment in writing to the assignee -
Automatic stay
Unjust enrichment
Gratuitous assignment
'due process'
49. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Occupational Safety and Health Act
Duress
Rule of reason
Prospectus
50. It is the power over the particular parties in a case. (a) The Supreme Court in 'Pennoyer v. Neff' - held that a defendant's physical presence in a state is sufficient for the state to exercise personal jurisdiction. (b) A person can be subject to pe
Parol Evidence Rule
Personal jurisdiction
Environmental Protection Agency (EPA)
Lanham Act
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