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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 rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Equal protection
Organization for Economic Co-operation and Development (OECD)
Parol Evidence Rule
'Ffour corners'
2. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Malpractice
Perfected
Trial court
Promisor's rights (in relation to the beneficiary)
3. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
Promisor's rights (in relation to the beneficiary)
Fair Credit Reporting Act
The Social Security Administration
4. Actions designed to permanently reduce the health and safety risk associated with the site.
Clean Air Act
National Treatment
Employee-at-will
Remediation
5. Employers make payments to retired employees based on the length of their employment and the wages they received.
Petit jury
Defined benefit plans
Suspect classification
Reporting company
6. When a contract is delegated - the obligee must accept the performance of the delegate. Unless the obligee agrees to release him from liability - the delegator remains liable under the contract until the delegate has performed. Once a delegate perfor
Effect of delegation
10-Q
Social Security Administration
Vertical agreements
7. 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
'meeting of the minds'
Equity of redemption
Federal Rules of Civil Procedures
Petit jury
8. When the creditor initiates the proceedings.
Securities Act
Consumer protection
Involuntary proceeding
Federal district court
9. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Consumer protection
Malpractice
Private placement
Retraction
10. Prevents discrimination against employees who are 40years old or more
Discharge of contract
Age Discrimination in Employment Act (ADEA)
United States Bankruptcy Code ('Code')
Utilitarianism
11. Defenses that would prevent the plaintiff from holding the defendant liable
Statutory Seller
Defenses against liability of misrepresentations or omissions
Motion for a more definitive statement
Affirmative defenses
12. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Pretexting
Securities Act Registration
Oral argument
Criminal Trial
13. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
Specialized federal courts
Collateral
Misrepresentation
Rule 505 of Regulation D of the Securities Act
14. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Production quotas
Unilateral contract
Social entity or stakeholder theory of the corporation
Regulation D of the Securities Act
15. 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
Misstatement or omission
Employment law
Option contract
16. 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
Rule 504 of Regulation D of the Securities Act
Product liability
Gift
17. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Duties that cannot be delegated
Expropriation
Attachment
Resource Conservation and Recovery Act
18. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Regulation A of the Securities Act
Price fixing
Equal Employment Opportunity Commission (EEOC)
Statutory Seller
19. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Material breach
Mental incapacity
Civil Law or Code Law
Administrative Procedure Act
20. Punitive damage - non-economic damages - and attorneys' fees
Foreign Sovereign Immunities Act
Ordinances
Non-recoverable damages
Resource Conservation and Recovery Act
21. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Assignee's rights
Donee beneficiary
Employee-at-will
Obligor's rights
22. 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)
Section 12(a)(2)
Social Security Administration
Regulation A of the Securities Act
Group boycotts
23. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Horizontal agreement
Chapter 11 of the Code
A motion of summary judgement
Donee beneficiary
24. A condition that occurs at the same time as performance
Condition concurrent
Section 4 of the Securities Act
Materiality
Substantive unconscionability
25. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Bargained-for-exchange
Unconscionability
Equal Employment Opportunity Commission (EEOC)
Section 7A of the Clayton Act
26. 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
Multilateral treaties
'Mirror image' rule
Adhesion
27. It represents a request for the court to take some action. A motion can be filed by a defendant.
Manufacturing defect
Hung jury
'clear and present'
Motion
28. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
Federal Communications Commission
Expectation damages (also known as the 'benefit of the bargain')
Complete or total integration
Environmental Protection Agency (EPA)
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
Criminal Law
Common Law
Federal Communications Commission
30. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Remand
Employee-at-will
Administrative law judges
Supreme Court powers
31. 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
Suspect classification
Private placement
Expropriation
Charitable contributions
32. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Contracts that prohibit assignment
Section 10(b) and Rule 10b-5 of the Exchange Act
Implied terms
Rules of interpretation of a contract by a court
33. Model Business Corporations Act and the Uniform Partnership Act of 1914 - which was superceded by the Uniform Partnership Act of 1984
Injury-in-fact
Examples of Uniform Laws
Original jurisdiction
Vesting of beneficiary's rights
34. It is a promise stated in words - either oral or written.
Express contract
Federal Environmental Pesticide Control Act
Automatic stay
National Labor Relations Act
35. It is a judgment notwithstanding the verdict requires the court to find that the evidence does not support the jury's verdict. If the court makes such a finding - it will overturn the jury's verdict.
Judgment n.o.v.
Foreclosure
Contract law
Motion of directed verdict or of dismissal
36. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Complete or total integration
Limited jurisdiction
Pregnancy Discrimination ACt
Exclusive dealing agreement
37. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Excuse of condition
'Past consideration'
Grand jury
Rule 506 of Regulation D of the Securities Act
38. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Collective bargaining
Regulation A of the Securities Act
Standing
Securities Act Registration
39. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Implied contracts
Utilitarianism
Legal capacity
Bureau of Customs and Border Protection
40. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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41. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Reliance damages
National Treatment
Executed exchange
Product liability
42. Previous decisions made by decisions - by which the current judges must abide by.
Diminution in value
Precedent
Judicial review
National Ambient Air Quality Standards
43. He has the enforceable right against the obligor because he is considered the real party interest.
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44. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Administrative law judges
Summons
Misappropriation theory
Other constituency statutes
45. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Penalty
Expertised portion
Social entity or stakeholder theory of the corporation
Substantive unconscionability
46. The right to hold a security interest on a debtor's property.
Section 5 of the Securities Act
Per se
Subjective intent
Lien
47. When an offeror terminates his offer before an agreement has been made (can be done through words). It can also be revoked when the offeror takes actions that are inconsistent with the intent to be bound (unless the offeree has paid to keep the offer
Appellant
Mutual rescission
Revocation
Employment discrimination
48. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Unsecured creditor
Vesting of beneficiary's rights
Excuse of condition
National Labor Relations Act
49. It is a general rule referring to circumstances in which agreements must be in writing - and by extension when oral agreements will be unenforceable. Basic agreements that are covered by the Statute: 1) A promise by an executor to pay the estate's d
Restatement (Second) of Contracts
Process of assignment
Collateral
The Statute of Frauds
50. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Rule 144 of the Securities Act
Model Rules of Professional Conduct
Partial or trivial breach
Mutual assent