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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. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Accredited investor
Foreign Corrupt Practices Act
Sherman Act
Gift
2. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Administrative law judges
Resource Conservation and Recovery Act
Section 10(b) and Rule 10b-5 of the Exchange Act
Foreign Sovereign Immunities Act
3. 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
Equal Credit Opportunity Act
Writ of certiorari
Workers compensation laws
Bargained-for-exchange
4. Offering made to purchase all or a portion of the shares of a specific company
Implied terms
Indictment
National Institute for Occupational Health
Tender offers
5. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Novation
National Labor Relations Board (NLRB)
Demurrer
Writ of certiorari
6. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Bilateral investment treaties
Environmental Protection Agency
Hung jury
Unilateral rescission
7. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
Securities Act Registration
Taking a contract 'out of the Statute of Frauds'
Writ of habeas corpus
Corporate social responsibility
8. A distinct mark or symbol that identifies a business and its products
Restatement (Second) of Contracts
Trademark
Automatic stay
Employee-at-will
9. A misrepresentation made with knowledge of its inaccuracy
Bilateral contract
Quasi-suspect classification
Scienter
Affirmative defenses
10. The person to extends credit or a loan - and hence the person to whom a debt is owed
Social Security Act
National Institute for Occupational Health
Res judicata
Creditor
11. 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
Administrative law judges
Unemployment compensation laws
Export Administration Act (EAA)
12. A situation where one person unfairly benefits from a transaction
Unjust enrichment
8-K
Reliance
Trademark
13. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
'clear and present'
Rules of interpretation of a contract by a court
Environmental Protection Agency
Bilateral contract
14. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
'Mailbox' rule
Verdict
Employment discrimination
Donee beneficiary
15. The party seeking to appeal the previous court's decision
Fraud
Affirmative defenses
Appellant
Equal protection
16. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Diversity jurisdiction
Sham consideration
Obligee
Content-neutral restrictions
17. Directors - certain officers - and owners
Toxic Substances Control Act
Obligor
Complete or total integration
Control persons
18. 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
Judgment n.o.v.
Unemployment compensation laws
Appellate jurisdiction
Donee beneficiary
19. 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)
Security agreement
Statutory Seller
Affirm or disaffirm
Option contract
20. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Mortgage
Liquidated damages clause
Discharge of contract
Examples of Uniform Laws
21. The obligor does not need to provide consent - but does need to be given notice.
Process of assignment
Taking a contract 'out of the Statute of Frauds'
Investment contracts
Injunction
22. He has the enforceable right against the obligor because he is considered the real party interest.
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23. 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
Equal protection
Secured transaction
Legal detriment
Priority of secured transactions
24. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
Clean Air Act
Rule 144 of the Securities Act
Motion of directed verdict or of dismissal
Trademark
25. The creditor's security interest in real property
Mortgage
Substitutes of consideration
Third party beneficiary
Promisee's rights
26. 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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27. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Prospectus
Investment contracts
Securities and Exchange Commission
Undue influence
28. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Contract
Sherman Act
Title VII of the Civil Rights Act of 1964
Exchange Act Regulations
29. 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.
Adhesion
Misrepresentation
Novation
Mutual assent
30. 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.
Federal Rules of Civil Procedures
Bilateral contract
Suspect classification
Occupational Safety and Health Administration (OSHA)
31. 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
Prosecution
Demand assurance
Assignee
Bilateral treaties
32. 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
Federal Communications Commission
Judicial review
Federal district court
Substantive unconscionability
33. Ethical behavior is guided by duties or obligation. John Locke referred to these obligations as 'natural rights' that are natural - universal - and inalienable (as seen in the Declaration of Independence)
Duties that cannot be delegated
Personal jurisdiction
Deontological
Pretexting
34. One of the primary federal federal statutes
Monopoly
Securities Act
Section 701 of the Securities Act
Manufacturing defect
35. The obligation to establish his claims first
Employee Retirement Income Security Act (ERISA)
Unilateral contract
Defenses against liability of misrepresentations or omissions
Burden of proof
36. Regulates air and water pollution as well as address problems associated with certain toxic substances
Environmental Protection Agency
Incidental beneficiary
General jurisdiction
Prosecution
37. 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
Clean Water Act
National Institute for Occupational Health
Affirmative defenses
Liability based on intentional tort
38. If the promisor substantially performs under teh contract
Sham consideration
Bureau of Consumer Protection
Partial or trivial breach
Legal detriment
39. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Unemployment compensation laws
Companies that are subject to the exchange act (Reporting companies)
Production quotas
Section 11 of the Securities Act
40. Discrimination based on race or sex
Demand assurance
Expertised portion
Employment discrimination
Title VII of the Civil Rights Act of 1964
41. Actual performance of an obligation
Fair Labor Standards Act (FLSA)
Satisfaction
Assignee's rights
Non-recoverable damages
42. When the jury retires to a separate room to decide the outcome of the case.
Deliberation
Examples of Uniform Laws
Specialized federal courts
Demurrer
43. Agreements whereby a seller agrees to sell one product to a customer - but only on the condition that the customer purchases another product (vertical agreement)
Motion for a more definitive statement
Tie-in agreement
Motion to strike
Deliberation
44. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive dealing agreement
Exempt securities and transactions
Rule 505 of Regulation D of the Securities Act
Section 12(a)(2)
45. If the parties to a contract state that consideration has been given - but it was not - then the statement will be viewed as sham consideration and be legally insufficient.
Short swing profits
Mortgage
Accredited investor
Sham consideration
46. Laws created by city councils or county boards - aimed at local matters
Ordinances
Bilateral Investment Treaty program
Consumer protection
'Takings'
47. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Federal Trade Commission (FTC)
Oral argument
Joint obligation
Bilateral treaties
48. A condition that occurs at the same time as performance
Condition concurrent
Contract
The Council on Environmental Quality
Legal ethics
49. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Revocability
Automatic stay
Pre-existing duty
Public company
50. A current report required by the Exchange Act
8-K
Employment law
Promise
Retraction