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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 the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
'Quid pro quo'
Oral argument
Implied contracts
Rule 504 of Regulation D of the Securities Act
2. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
Examples of Uniform Laws
Equity of redemption
National Institute for Occupational Health
General Agreement on Tariffs and Trades
3. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Trial court
10-K
Equal protection
Section 12(a)(2)
4. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Non-recoverable damages
Charitable contributions
Duty to mitigate
Misrepresentation
5. 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
United States Bankruptcy Code ('Code')
Undue influence
Enabling acts
'Takings'
6. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Third party beneficiary
Shareholder primacy
Objective standard
Non-recoverable damages
7. Prohibit discrimination based on pregnancy or childbirth
The Family and Medical Leave Act
Suspect classification
Pregnancy Discrimination ACt
'due process'
8. It represents a request for the court to take some action. A motion can be filed by a defendant.
Unconscionability
Consideration
National Institute for Occupational Health
Motion
9. A condition that must occur before a duty to perform arises
Negative causation
Lien
Contracts that prohibit assignment
Condition precedent
10. The obligee who officially assigned over his rights
Subjective intent
Assignor
Securities and Exchange Commission
'de nuvo'
11. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
Other constituency statutes
Federal Rules of Civil Procedures
Changed circumstances that allow a party to be excused from performance under the contract
Misappropriation theory
12. The exchange of promises or an exchange of a promise for a performance.
Bargained-for-exchange
Consequentialism
Promisee's rights
Corporate social responsibility
13. 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
Exempt securities and transactions
Proxy
'Definite and certain'
'Mirror image' rule
14. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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15. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Donee beneficiary
Pension Benefit Guaranty Corporation (PBGC)
Goods
'de nuvo'
16. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Employment discrimination
Toxic Substances Control Act
Production quotas
Stare decisis
17. An intent to deceive or defraud
Section 12 (a)(1) of the Securities Act
Scienter
Environmental Protection Agency
Consequentialism
18. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Liquidated damages clause
Section 5 of the Securities Act
Bona fide occupational qualification
Rule 147 of the Securities Act
19. Ethical behavior in terms of its consequences ('the end justifies the means')
Consequentialism
Fair Debt Collection Act
Implied terms
Common Law
20. When there is no bargained-for exchange - because there is no exchange.
Informed consent
Process of assignment
Complete or total integration
Gift
21. Punitive damage - non-economic damages - and attorneys' fees
Non-recoverable damages
Regulation D of the Securities Act
Prosecution
Performance
22. The party that won in the previous court trial - but the other party is appealing the decision.
United States Bankruptcy Code ('Code')
Criminal Law
Appellee or respondent
Expectation damages (also known as the 'benefit of the bargain')
23. Administers federal labor laws
National Labor Relations Board
Equity of redemption
Oral argument
Utilitarianism
24. 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.
'meeting of the minds'
Administrative Procedure Act
Who is liable
Hung jury
25. Liability extends to ___________ - without the plaintiff needing to proof of reliance or causation. The seller can avoid liability by showing negative causation - the plaintiff knew that the statements in the prospectus at the time of her purchase -
Condition precedent
Any statutory seller
National Environmental Policy Act (NEPA)
Demurrer
26. Enacted in 1969 to protect the environment from the actions of public or private actors. It declared a policy and promoted efforts to prevent or eliminate environmental damage. It also ensures that public and private actors better understand the ecol
Environmental Protection Agency (EPA)
Intended beneficiaries of government contract
Investment contracts
National Environmental Policy Act (NEPA)
27. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Mortgage
Plaintiff
Shareholder primacy
National Labor Relations Board (NLRB)
28. 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
Direct damages
Hung jury
Pretexting
Rules of interpretation of a contract by a court
29. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
General Agreement on Tariffs and Trades
Reliance
Concurrent conflict of interests
Excuse of condition
30. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
Objective standard
Legal ethics
Chapter 11 of the Code
Assignee
31. Directors - certain officers - and owners
Control persons
Gramm-Leach-Bliley Act
'due process'
Jurisdiction
32. A party's damage award will be reduced by any loss he did or could have avoided.
Retraction
Injury-in-fact
Section 4 of the Securities Act
Duty to mitigate
33. Treaties entered into between two nations
Appellee or respondent
Process of assignment
The Statute of Frauds
Bilateral treaties
34. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Criminal Law
Section 5 of the Securities Act
Administrative law judges
Sherman Act
35. The person who is bringing the suit
Condition concurrent
Consequential damages
'Quid pro quo'
Plaintiff
36. Misrepresentation that was made with intent
Fraud
Unconscionability
Tender offers
Demurrer
37. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Administrative law judges
Counteroffer
Anticipatory repudiation
Gratuitous assignment
38. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
National Institute for Occupational Health
'due process'
Lanham Act
The Statute of Frauds
39. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
Accredited investor
Unemployment compensation laws
Public company
Restitution and rescission
40. 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
Affirmative defenses
Adhesion
Writ of certiorari
Oral argument
41. 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
Consideration
Voluntarily proceeding
Employee-at-will
National Labor Relations Act
42. When both parties agree to rescind the contract
Mutual rescission
Federal Communications Commission
Proxy
Restatement (Second) of Contracts
43. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Scienter
Mental incapacity
'Takings'
Liquidated damages clause
44. Laws that states have passed that aim at regulating securities transactions within their states.
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45. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Standing
Section 12(a)(2)
Any statutory seller
Foreign Sovereign Immunities Act
46. Regulates the handling of the pesticides being exported from and imported into the U.S.
'Quid pro quo'
Burden of proof
Federal Environmental Pesticide Control Act
Demand assurance
47. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Unsecured creditor
Collective bargaining
'Blue sky' laws
Rule 504 of Regulation D of the Securities Act
48. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
The Social Security Administration
Corporate social responsibility
Implied terms
National Treatment
49. A quarterly report required by the Exchange Act
10-Q
Social entity or stakeholder theory of the corporation
Assignment of rights
Assignee
50. Inadequate warning of danger - which can be construed as a design defect
Inadequate warning defect`
10-Q
Attorney/client privilege
Exclusive dealing agreement