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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. 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.
Contract with intoxicated persons
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Pension Benefit Guaranty Corporation (PBGC)
Fair Credit Reporting Act
2. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Performance
Rule 144 of the Securities Act
The Social Security Administration
Fair Debt Collection Act
3. 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.
'clear and present'
Strict liability
Implied contracts
Unemployment compensation laws
4. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Strict liability
Bilateral Investment Treaty program
Vertical agreements
Environmental Protection Agency (EPA)
5. The person to extends credit or a loan - and hence the person to whom a debt is owed
Pre-existing duty
Foreign Sovereign Immunities Act
Creditor
Exempt securities and transactions
6. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Mutual rescission
Bargained-for-exchange
Social Security Act
Priority of secured transactions
7. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Section 12 (a)(1) of the Securities Act
Assignee
Trust
Federal question jurisdiction
8. 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
Employee-at-will
Resource Conservation and Recovery Act
Unemployment compensation laws
Injury-in-fact
9. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Promisor's rights (in relation to the beneficiary)
Consequential damages
'Blue sky' laws
Reliance
10. A condition that occurs at the same time as performance
Security interest
Condition concurrent
Treaties authority
Social entity or stakeholder theory of the corporation
11. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Charitable contributions
Assignment of rights
Federal question jurisdiction
Duties that cannot be delegated
12. The documents that parties file in connection with their lawsuit
Pre-existing duty
Perfected
Regulation D of the Securities Act
Pleadings
13. 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.
Non-recoverable damages
Remediation
Section 7A of the Clayton Act
Material breach
14. Regulates the handling of the pesticides being exported from and imported into the U.S.
Federal Insurance Contributions Act
Federal Environmental Pesticide Control Act
Offer
Expropriation
15. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Legal ethics
Content-neutral restrictions
Exclusive dealing agreement
Priority of secured transactions
16. The person who assigns her rights
Secured transaction
Obligee
National Ambient Air Quality Standards
'clear and present'
17. 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.
Americans with Disabilities Act (ADA)
Petit jury
Oral argument
Rule 505 of Regulation D of the Securities Act
18. Not discriminating against foreign product - thereby treating all products within their border equally
National Treatment
Concurrent conflict of interests
Statutory Seller
Retraction
19. 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
Injury-in-fact
Exempt securities and transactions
Malpractice
Stare decisis
20. Claims that the defendant has against the plaintiff
Private placement
Obligee
Material breach
Counterclaims
21. Torts and contracts... represents law that regulates the relationships between parties.
Injunction
Equal Pay Act (EPA)
Lien
Civil Law
22. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Assignee's rights
Mistake
Sham consideration
Shareholder primacy
23. It represents a request for the court to take some action. A motion can be filed by a defendant.
The Environmental Quality Report
Motion
Charitable contributions
Mutual rescission
24. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Unilateral mistake
Quasi-contract
National Treatment
Unjust enrichment
25. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Adhesion
Judgment n.o.v.
Mutual rescission
Promisor's rights (in relation to the beneficiary)
26. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Assignee
Nonexpertized portions
Revocability
Demand assurance
27. Defenses that would prevent the plaintiff from holding the defendant liable
Duress
Production quotas
Affirmative defenses
National Environmental Policy Act (NEPA)
28. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Materiality
'Blue sky' laws
Grand jury
Sherman Act
29. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
Subject matter jurisdiction
Economic waste
Fair Credit Reporting Act
Answer
30. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Rule 144 of the Securities Act
Contract
Complete or total integration
Misstatement or omission
31. 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
Manufacturing defect
Legal detriment
Gramm-Leach-Bliley Act
Consumer protection
32. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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33. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Equal protection
Securities Exchange Act of 1934
Counterclaims
Section 12(a)(2)
34. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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35. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Contract
Revocability
Delegation
Gratuitous assignment
36. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Nonexpertized portions
Assignee
10-Q
Domicile
37. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Specialized federal courts
Condition concurrent
Subjective intent
Novation
38. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Restatement (Second) of Contracts
Prosecution
Rule 12b (6) motion
Enabling acts
39. Prohibits institutions from discrimination related to credit applications
Motion for a more definitive statement
Mistake
Equal Credit Opportunity Act
Counteroffer
40. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Group boycotts
Secured transaction
8-K
Defenses against liability of misrepresentations or omissions
41. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Original jurisdiction
Mistake
Offer
Anticipatory repudiation
42. 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.
Domicile
Taking a contract 'out of the Statute of Frauds'
Gratuitous assignment
Mutual assent
43. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Age Discrimination in Employment Act (ADEA)
Occupational Safety and Health Administration (OSHA)
Securities Act Registration
Answer
44. 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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45. 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
Rules of construction
Perfected
Production quotas
Diminution in value
46. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Assignment of rights
Liability based on intentional tort
Economic waste
Breach
47. 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
Condition
Equal Pay Act (EPA)
Equity of redemption
Mental incapacity
48. Place of permanent residence
Other constituency statutes
Consideration
Treaties authority
Domicile
49. An exemption for certain small offerings
Regulation A of the Securities Act
Equal Pay Act (EPA)
Rational basis test
Substantive unconscionability
50. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Fraud
Securities and Exchange Commission
Statute of limitations
'de nuvo'