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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. 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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2. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Legal detriment
Complete or total integration
'due process'
Rule 144 of the Securities Act
3. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Accord
Objective standard
Executed exchange
Clean Water Act
4. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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5. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Verdict
Prospectus
Duties that cannot be delegated
Precedent
6. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Foreign Corrupt Practices Act
'meeting of the minds'
Assignor
Limited jurisdiction
7. Laws that states have passed that aim at regulating securities transactions within their states.
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8. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Civil Law or Code Law
Restatement (Second) of Contracts
Price fixing
Materiality
9. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
The Social Security Administration
Nonexpertized portions
Total breach
Levels of courts
10. 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
Appellate jurisdiction
Substitutes of consideration
Res ipsa loquitor
Bilateral Investment Treaty program
11. It is a promise stated in words - either oral or written.
Express contract
Enabling acts
Summons
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
12. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
Levels of courts
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Illusory promise
Civil liability
13. 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
Multilateral treaties
Securities Exchange Act of 1934
Federal Trade Commission (FTC)
14. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Public company
Investment contracts
Condition subsequent
Federal Rules of Civil Procedures
15. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
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16. 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
Vertical agreements
Unconscionability
Motion to strike
Hung jury
17. 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)
Rule 504 of Regulation D of the Securities Act
Promise
Scienter
General jurisdiction
18. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Security interest
Investment contracts
Foreign Sovereign Immunities Act
Creditor
19. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Process of appealing a case through the three levels of court
Misstatement or omission
Foreclosure
The Social Security Administration
20. 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'.
Preponderance of evidence
Legal capacity
Burden of proof
Bilateral treaties
21. A situation where one person unfairly benefits from a transaction
Specific performance
Unjust enrichment
Injunction
Nonexpertized portions
22. A distinct mark or symbol that identifies a business and its products
The Family and Medical Leave Act
Trademark
Summons
Penalty
23. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Regulation D of the Securities Act
Stare decisis
Content-neutral restrictions
Corporate social responsibility
24. When both parties agree to rescind the contract
Mutual rescission
Civil liability
Implied terms
Gratuitous assignment
25. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Anticipatory repudiation
Legal capacity
Federal Trade Commission (FTC)
Trademark
26. Offering made to purchase all or a portion of the shares of a specific company
Section 12 (a)(1) of the Securities Act
Misrepresentation
Offer
Tender offers
27. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
Civil Law
Liquidated damages clause
Suspect classification
'Infants' or 'minors'
28. Not discriminating against foreign product - thereby treating all products within their border equally
Administrative law judges
'de nuvo'
National Treatment
'Infants' or 'minors'
29. The first court to consider an action
Original jurisdiction
Petit jury
Security agreement
Corporate social responsibility
30. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Bona fide occupational qualification
United States Bankruptcy Code ('Code')
'Past consideration'
Consumer protection
31. 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.
Informed consent
Hung jury
Demurrer
Judicial review
32. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Answer
Production quotas
Oral argument
Novation
33. 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
Substantial performance
Revocability
Mutual mistake
Mutual assent
34. 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.
Adhesion
Material breach
When an assignment becomes void
Appellate jurisdiction
35. A quarterly report required by the Exchange Act
Appellant
10-Q
Subjective intent
Clayton Act
36. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Employment discrimination
Rule of reason
Product liability
Novation
37. Administers federal labor laws
National Labor Relations Board
Chapter 7 of the Code
Administrative Procedure Act
Organization for Economic Co-operation and Development (OECD)
38. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Section 5 of the Securities Act
Employment law
Legal detriment
Investment contracts
39. 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
Legal detriment
Breach
Clean Water Act
Companies that are subject to the exchange act (Reporting companies)
40. An exemption for offers in which the aggregate offering price is less than $5 million and the number of purchasers in less than 35 - excluding accredited investors
Rules of interpretation of a contract by a court
The Council on Environmental Quality
Multilateral treaties
Rule 505 of Regulation D of the Securities Act
41. Establishes certain rules for the proper resale - including the requirement that such securities must be held for at least one year - and sold through a broker in a transaction that involves a limited percentage of securities.
Rule 144 of the Securities Act
Creditor beneficiary
Offer
Assignment of rights
42. Twelve members of jury that hear the evidence at the trial court. The Judge rules on the evidence and guides the jury on questions of law and proper rules of procedure.
National Labor Relations Board (NLRB)
Petit jury
Token consideration
Original jurisdiction
43. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Duties that cannot be delegated
Section 5 of the Securities Act
Securities Act Registration
Reliance
44. 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.'
Anticipatory repudiation
Assignment of rights
Clean Water Act
Process of assignment
45. The Constitution makes treaties the 'supreme law of the land'
Treaties authority
Obligor
Judgment n.o.v.
Age Discrimination in Employment Act (ADEA)
46. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Duress
Penalty
Section 701 of the Securities Act
Economic waste
47. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Social entity or stakeholder theory of the corporation
Substantial performance
Section 701 of the Securities Act
Defined contribution plan
48. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Unemployment compensation laws
Investment contracts
Informed consent
Trial court
49. Place of permanent residence
Product liability
Uniform Commercial Code ('UCC')
Domicile
Investment contracts
50. 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.
General Agreement on Tariffs and Trades
Collateral
Process of appealing a case through the three levels of court
Novation