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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. 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
Equal protection
Bilateral contract
Unilateral mistake
Equal Employment Opportunity Commission (EEOC)
2. A creditor that does not have a security interest in any of the debtor's property or assets.
Equal Employment Opportunity Commission (EEOC)
Reliance damages
Original jurisdiction
Unsecured creditor
3. Employers make payments to retired employees based on the length of their employment and the wages they received.
Preponderance of evidence
Defined benefit plans
Contracts that prohibit assignment
Procedural unconscionability
4. The written set of charges against the defendant - which is presented to a grand jury.
Supervening illegality
Trust
Exclusive dealing agreement
Indictment
5. Claims that the defendant has against the plaintiff
Discharge of contract
Substantial performance
Direct damages
Counterclaims
6. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Process of assignment
Federal Information Act
Occupational Safety and Health Administration (OSHA)
Export Administration Act (EAA)
7. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Monopoly
Substantial performance
Bureau of Consumer Protection
Substitutes of consideration
8. A trivial defect in performance (the opposite of material breach).
Legal detriment
Section 4 of the Securities Act
Plaintiff
Substantial performance
9. 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
Standing
The Statute of Frauds
Involuntary proceeding
Duty to mitigate
10. Negative causation - due diligence defense - ...
Defenses against liability of misrepresentations or omissions
Duress
Malpractice
Pre-existing duty
11. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Foreign Sovereign Immunities Act
Sherman Act
Group boycotts
Employee Retirement Income Security Act (ERISA)
12. A condition that occurs at the same time as performance
Condition concurrent
Federal Trade Commission
Implied contract
Occupational Safety and Health Administration (OSHA)
13. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Assignment of rights
Fraud
Federal question jurisdiction
Federal Information Act
14. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
Preponderance of evidence
Exclusive dealing agreement
Private placement
The Statute of Frauds
15. Punitive damage - non-economic damages - and attorneys' fees
The Environmental Quality Report
Foreign Corrupt Practices Act
Substantial performance
Non-recoverable damages
16. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
'Past consideration'
Administrative law judges
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Environmental Protection Agency (EPA)
17. Actions designed to permanently reduce the health and safety risk associated with the site.
Personal jurisdiction
The Council on Environmental Quality
Remediation
Occupational Safety and Health Act
18. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Condition concurrent
Tie-in agreement
Counteroffer
Intended beneficiaries of government contract
19. 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
Equity of redemption
Securities Act Registration
Production quotas
Resource Conservation and Recovery Act
20. 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
The Environmental Quality Report
Offer
'meeting of the minds'
Exempt securities and transactions
21. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Levels of courts
Mutual mistake
Securities Act
Prospectus
22. 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
Material breach
Federal question jurisdiction
Charitable contributions
Workers compensation laws
23. 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.
Expropriation
Prospectus
Petit jury
Subjective intent
24. Only one of the party wants to rescind the contract - which requires legal grounds to do so.
Supreme Court powers
Section 5 of the Securities Act
Exclusive distributor agreements
Unilateral rescission
25. 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.
Assignee's rights
Rational basis test
Who is liable
Social Security Administration
26. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
'in pari delicto'
Bona fide occupational qualification
Security agreement
Excuse of condition
27. Words or actions an individual may have intended - but did not communicate
Collateral
Stare decisis
Subjective intent
Other constituency statutes
28. Prevents discrimination against employees who are 40years old or more
Diversity jurisdiction
Age Discrimination in Employment Act (ADEA)
Securities Exchange Act of 1934
Bureau of Customs and Border Protection
29. 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.
Specialized federal courts
Judicial review
Statute of limitations
Pension Benefit Guaranty Corporation (PBGC)
30. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Environmental Protection Agency (EPA)
Securities and Exchange Commission
Express contract
Inadequate warning defect`
31. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.
Fair Credit Reporting Act
Domicile
Condition
Token consideration
32. 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.
Undue influence
Judicial review
Hung jury
Equal Employment Opportunity Commission (EEOC)
33. The difference between the value of the property as substantially complete and the value of the property upon full performance
Diminution in value
'Takings'
Attachment
Pre-existing duty
34. 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.
Workers compensation laws
Common Law
Demurrer
Deliberation
35. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
Liability based on intentional tort
Motion to strike
The Statute of Frauds
Writ of habeas corpus
36. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Quasi-contract
Price fixing
Verdict
Unilateral contract
37. 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
Writ of certiorari
Discharge of contract
Adhesion
Clean Air Act
38. This is when the appellate court send the case back to the lower court for a new trial.
Commercial speech
'in pari delicto'
Legal capacity
Remand
39. This is when an assignment is not supported by consideration and is revocable. It will only become irrevocable when (a) the obligor has performed her obligations to the assignee - (b) the assignor delivers the assignment in writing to the assignee -
Vertical agreements
Americans with Disabilities Act (ADA)
Gratuitous assignment
Mortgage
40. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Clean Water Act
Section 12 (a)(1) of the Securities Act
Companies that are subject to the exchange act (Reporting companies)
'Blue sky' laws
41. 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
Chapter 7 of the Code
Accord
Remediation
Delegation
42. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve
Social Security Act
Lanham Act
Motion
Companies that are subject to the exchange act (Reporting companies)
43. 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.
Bargained-for-exchange
'in pari delicto'
Diversity jurisdiction
Rule of reason
44. If a performance has already occurred - or a promise has already been made - then it generally cannot serve as the basis for consideration because it cannot be considered to have induced a bargain. Therefore - 'past consideration' is insufficient.
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45. If the promisor substantially performs under teh contract
Unilateral rescission
Security agreement
Procedural unconscionability
Partial or trivial breach
46. An annual report required by the Exchange Act
Rules of construction
10-K
National Labor Relations Board
Title VII of the Civil Rights Act of 1964
47. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Lien
Joint obligation
Writ of habeas corpus
Section 12(a)(2)
48. 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
Sherman Act
Consideration
Administrative Procedure Act
10-Q
49. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
The Family and Medical Leave Act
Proxy
When an assignment becomes void
Obligor
50. The right to hold a security interest on a debtor's property.
Gramm-Leach-Bliley Act
National Labor Relations Board (NLRB)
Lien
Tender offers