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Test your basic knowledge |
CLEP Introductory Business Law
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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. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Reliance
10-K
Who is liable
Federal circuit court of appeals and the federal court of appeals
2. 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
Expectation damages (also known as the 'benefit of the bargain')
'Mailbox' rule
Revocability
Delegation
3. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employee Retirement Income Security Act (ERISA)
A motion of summary judgement
Employment law
Exclusive distributor agreements
4. A situation where one person unfairly benefits from a transaction
Material breach
Securities Act Registration
'Quid pro quo'
Unjust enrichment
5. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
Goods
Motion of directed verdict or of dismissal
Substitutes of consideration
'de nuvo'
6. 1) By lapse of time: When an 'invitation to make an offer' is made but not accepted - the offer will terminate once a reasonable period of time has passed (whether agreed upon time or not) 2) Death of the offeror 3) If the offeror proves to be mental
Petit jury
Termination of an invitation to make an offer
Statute of limitations
Substantive unconscionability
7. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
Effect of delegation
Attorney/client privilege
Per se
Diminution in value
8. Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability - which means 'open to punishment for a crime.'
Environmental Protection Agency (EPA)
Bargained-for-exchange
Levels of courts
Civil liability
9. A current report required by the Exchange Act
Voluntarily proceeding
Duress
8-K
Obligor
10. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
National Institute for Occupational Health
Group boycotts
Suspect classification
Legal capacity
11. Actual performance of an obligation
Toxic Substances Control Act
Corporate social responsibility
Section 10(b) and Rule 10b-5 of the Exchange Act
Satisfaction
12. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Undue influence
'in pari delicto'
Petit jury
The Social Security Administration
13. 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.
Beneficiary's rights
Fraud
Misstatement or omission
Federal Trade Commission (FTC)
14. Regulates trusts and monopolies
Federal Trade Commission
Attachment
The Social Security Administration
Section 11 of the Securities Act
15. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Clean Air Act
Legal ethics
Rule 505 of Regulation D of the Securities Act
Fair Labor Standards Act (FLSA)
16. 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.
Employee Retirement Income Security Act (ERISA)
Market division
Affirmative defenses
Judgment n.o.v.
17. 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.
The Social Security Administration
Materiality
Judicial review
Legal ethics
18. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Malpractice
Executed exchange
Environmental Protection Agency (EPA)
Production quotas
19. 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.
Environmental Protection Agency
Reliance
Rule of reason
Petit jury
20. Regulates air and water pollution as well as address problems associated with certain toxic substances
Environmental Protection Agency
Misappropriation theory
Section 4 of the Securities Act
Trust
21. The person to extends credit or a loan - and hence the person to whom a debt is owed
'Mirror image' rule
Bargained-for-exchange
Creditor
Sherman Act
22. 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
Mortgage
Malpractice
Scienter
Substantive unconscionability
23. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Treaties authority
Equal Pay Act (EPA)
The Social Security Administration
Rule 506 of Regulation D of the Securities Act
24. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Creditor
Common Law
'Blue sky' laws
Employee Retirement Income Security Act (ERISA)
25. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Intended beneficiary
Complete or total integration
Appellate jurisdiction
Implied contracts
26. 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
Rule 147 of the Securities Act
Rules of construction
Penalty
Non-recoverable damages
27. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Attorney/client privilege
Truth in Lending Act
Pregnancy Discrimination ACt
Hung jury
28. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Rule 505 of Regulation D of the Securities Act
The Family and Medical Leave Act
Jurisdiction
Legal detriment
29. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Affirm or disaffirm
Truth in Lending Act
Negative causation
Judicial review
30. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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31. 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.
Substantive unconscionability
Implied contracts
Gratuitous assignment
A motion of summary judgement
32. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
Expropriation
Illusory promise
Who is liable
Consideration
33. 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
Res judicata
Subject matter jurisdiction
Sherman Act
Administrative Procedure Act
34. Law that addresses crimes and punishment of crimes - and regulates individual actions so that they follow the socially accepted behavior. Criminal laws represent crimes against society/state.
Design defect
Grand jury
Duress
Criminal Law
35. 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
Legal detriment
Strict liability
Personal jurisdiction
Restitution
36. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Obligor
Preponderance of evidence
Discharge of contract
Injury-in-fact
37. Offering made to purchase all or a portion of the shares of a specific company
Preponderance of evidence
Content-neutral restrictions
Tender offers
Contract
38. One party made a mistake - the mistake concerns a basic assumption on which the contract was made that has a material impact on performance - the party seeking to avoid performance has not assumed the risk of the mistake - and equities favor avoidanc
Oral argument
Limited jurisdiction
Unilateral mistake
United States Bankruptcy Code ('Code')
39. 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
Content-neutral restrictions
Environmental Protection Agency (EPA)
Secured transaction
Rule 504 of Regulation D of the Securities Act
40. An exemption for transactions involving offerings to employees.
Motion
Investment contracts
Rule 506 of Regulation D of the Securities Act
Section 701 of the Securities Act
41. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Bureau of Consumer Protection
Social Security Act
Federal Insurance Contributions Act
Statutory Seller
42. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Federal Information Act
Discharge of contract
Export Administration Act (EAA)
Horizontal agreement
43. Discrimination based on race or sex
Rational basis test
Employment discrimination
Taking a contract 'out of the Statute of Frauds'
Gramm-Leach-Bliley Act
44. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Security agreement
Mistake
Precedent
Sherman Act
45. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Equal Employment Opportunity Commission (EEOC)
Involuntary proceeding
Defined contribution plan
Contract with intoxicated persons
46. 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
Control persons
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Legal detriment
Deontological
47. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive dealing agreement
National Environmental Policy Act (NEPA)
Remand
Securities Act
48. Directors - certain officers - and owners
Federal Rules of Civil Procedures
Control persons
10-Q
Title VII of the Civil Rights Act of 1964
49. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Intended beneficiary
Malpractice
Federal Communications Commission
Specific performance
50. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Affirmative defenses
Writ of habeas corpus
Section 4 of the Securities Act
Expropriation