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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 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.
Diminution in value
Strict liability
Trademark
Judgment n.o.v.
2. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
'de nuvo'
Monopoly
Diversity jurisdiction
Donee beneficiary
3. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Criminal Trial
Americans with Disabilities Act (ADA)
Materiality
Creditor beneficiary
4. Regulates trusts and monopolies
Consideration
Federal Trade Commission
Partial or trivial breach
Bilateral Investment Treaty program
5. 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.
Diversity jurisdiction
Rule 144 of the Securities Act
Employment law
Suspect classification
6. Regulates the handling of the pesticides being exported from and imported into the U.S.
Priority of secured transactions
Federal Environmental Pesticide Control Act
Commercial speech
Novation
7. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Rule 12b (6) motion
Regulation D of the Securities Act
Market division
Administrative law judges
8. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
Defendant
Verdict
Unsecured creditor
General Agreement on Tariffs and Trades
9. The test of government regulations - of whether it is rationally related to a legitimate government interests. All classifications are subject to a rational basis test.
Foreign Corrupt Practices Act
Rational basis test
Content-neutral restrictions
Occupational Safety and Health Administration (OSHA)
10. The person being sued
10-K
Defendant
Involuntary proceeding
General jurisdiction
11. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Commercial speech
10-Q
Contract
Specialized federal courts
12. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Adhesion
Affirmative defenses
Mental incapacity
Deliberation
13. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Supreme Court powers
Fair Credit Reporting Act
Federal Trade Commission (FTC)
Superfund
14. The right to hold a security interest on a debtor's property.
10-Q
Security agreement
Lien
Condition
15. A promise that is inferred from a person's conduct or the circumstances of the transaction
Priority of secured transactions
Section 11 of the Securities Act
Implied contract
Rational basis test
16. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Duty to mitigate
Section 12(a)(2)
Hung jury
Informed consent
17. An intent to deceive or defraud
Contract with intoxicated persons
Petit jury
Social entity or stakeholder theory of the corporation
Scienter
18. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Joint obligation
Americans with Disabilities Act (ADA)
Specialized federal courts
Security interest
19. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Joint obligation
Export Administration Regulations (EAR)
Oral argument
Implied terms
20. When the debtor voluntarily initiates the bankruptcy proceedings
Voluntarily proceeding
Concurrent conflict of interests
Quasi-contract
Taking a contract 'out of the Statute of Frauds'
21. The person who assigns her rights
Termination of an invitation to make an offer
Adhesion
Obligee
Creditor
22. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Expectation damages (also known as the 'benefit of the bargain')
Chapter 7 of the Code
Summons
Equal Pay Act (EPA)
23. 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
Personal jurisdiction
Chapter 11 of the Code
Trust
Burden of proof
24. A creditor that does not have a security interest in any of the debtor's property or assets.
Bureau of Consumer Protection
8-K
Procedural unconscionability
Unsecured creditor
25. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Shareholder primacy
Scienter
Administrative law judges
Short swing profits
26. 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'.
Federal Communications Commission
Contract
Third party beneficiary
'Quid pro quo'
27. It is an action to avoid unjust enrichment.
Federal Information Act
Restitution
Misstatement or omission
Securities Act Registration
28. A trust formed to dominate an industry
Monopoly
Defendant
Restatement (Second) of Contracts
General Agreement on Tariffs and Trades
29. Inadequate warning of danger - which can be construed as a design defect
Legal ethics
Novation
Securities and Exchange Commission
Inadequate warning defect`
30. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
Federal district court
Token consideration
Proxy
Res judicata
31. 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)
Securities and Exchange Commission
Promise
'de nuvo'
Substitutes of consideration
32. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Prosecution
Liquidated damages clause
Direct damages
Consideration
33. 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
Informed consent
Substantive unconscionability
Effect of delegation
Horizontal agreement
34. 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.
Civil Law or Code Law
Grand jury
Sham consideration
Remediation
35. Under Section11 - the issuer - its directors - the chief executive officer - the chief financial officer - the underwriter - and any expert is liable. The issuer can avoid liability if he can show negative causation.
Suspect classification
Who is liable
National Labor Relations Board (NLRB)
Monopoly
36. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Social Security Act
Defined contribution plan
Section 5 of the Securities Act
Bilateral contract
37. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Foreign Sovereign Immunities Act
When an assignment becomes void
Age Discrimination in Employment Act (ADEA)
Commencing a lawsuit
38. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Federal district court
Reliance
Chapter 11 of the Code
Option contract
39. Obtaining consumer's private financial information under false pretenses
Sham consideration
Unilateral rescission
Pretexting
Expertised portion
40. They represent losses that result from other transactions that are dependent upon the breached contract
Reliance damages
Short swing profits
Proxy
Consequential damages
41. The person who is bringing the suit
Bureau of Consumer Protection
Rules of construction
Control persons
Plaintiff
42. When the creditor initiates the proceedings.
Section 7A of the Clayton Act
Involuntary proceeding
Appellant
Original jurisdiction
43. Claims that the defendant has against the plaintiff
Counterclaims
Chapter 7 of the Code
Offer
Discovery
44. If the promisor substantially performs under teh contract
Partial or trivial breach
Res judicata
Promisee's rights
Promise
45. It represents a request for the court to take some action. A motion can be filed by a defendant.
A motion of summary judgement
Revocation
Examples of Uniform Laws
Motion
46. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Performance
Other constituency statutes
Truth in Lending Act
Delegation
47. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
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48. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
'Quid pro quo'
Securities Act Registration
Injunction
Prosecution
49. It is founded by the National Environmental Policy Act (NEPA) - to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality Report
Design defect
Shareholder primacy
Section 4 of the Securities Act
The Council on Environmental Quality
50. 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
Content-neutral restrictions
Affirm or disaffirm
Oral argument