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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. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Secured transaction
Accord
Remediation
Goods
2. 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.
Bureau of Consumer Protection
Unsecured creditor
Rule 144 of the Securities Act
Who is liable
3. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Commercial speech
Novation
Effect of delegation
Assignment of rights
4. A creditor that does not have a security interest in any of the debtor's property or assets.
Writ of certiorari
Expectation damages (also known as the 'benefit of the bargain')
Unsecured creditor
'Mailbox' rule
5. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
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6. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Appellant
8-K
Quasi-suspect classification
Discharge of contract
7. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
Proxy
Section 12 (a)(1) of the Securities Act
General Agreement on Tariffs and Trades
Federal Communications Commission
8. A classification that includes gender and legitimacy. If the regulation involves quasi-suspect classification - then the courts may apply intermediate scrutiny. Thus - the regulation will be valid so long as it is substantially tailored to meet an im
Verdict
Who is liable
Rule 144 of the Securities Act
Quasi-suspect classification
9. It regulates chemical substances
Promisor's rights (in relation to the beneficiary)
Unconscionability
Toxic Substances Control Act
Liquidated damages clause
10. The party that won in the previous court trial - but the other party is appealing the decision.
Appellee or respondent
Non-recoverable damages
Executed exchange
Companies that are subject to the exchange act (Reporting companies)
11. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Contracts that prohibit assignment
Bureau of Consumer Protection
Breach
Civil Law or Code Law
12. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
Bureau of Customs and Border Protection
Goods
Scienter
13. Automatic violations of the Sherman Act
Gramm-Leach-Bliley Act
Per se
Nonexpertized portions
Performance
14. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Restitution
Penalty
Promise
Defined benefit plans
15. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Motion of directed verdict or of dismissal
Misstatement or omission
Writ of habeas corpus
Manufacturing defect
16. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Domicile
Misappropriation theory
Common Law
Price fixing
17. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Control persons
Obligor
Direct damages
Pleadings
18. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Specialized federal courts
Writ of certiorari
Judicial review
'due process'
19. 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
Commencing a lawsuit
Unilateral contract
Misappropriation theory
Oral argument
20. If the promisor substantially performs under teh contract
Partial or trivial breach
Clayton Act
Offer
Condition precedent
21. A misrepresentation made with knowledge of its inaccuracy
Termination of an invitation to make an offer
Legal ethics
Scienter
Undue influence
22. A person who is not an intended beneficiary
Liability based on intentional tort
Incidental beneficiary
Pregnancy Discrimination ACt
Counterclaims
23. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Offer
Truth in Lending Act
'Blue sky' laws
8-K
24. This is when the appellate court send the case back to the lower court for a new trial.
Remand
Scienter
Clean Water Act
Control persons
25. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Condition
Strict liability
Res judicata
Changed circumstances that allow a party to be excused from performance under the contract
26. 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
Chapter 7 of the Code
Demurrer
Environmental Protection Agency (EPA)
Pre-existing duty
27. 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
Revocation
Misstatement or omission
'Mailbox' rule
Preponderance of evidence
28. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Defendant
Employment discrimination
Standing
Resource Conservation and Recovery Act
29. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
National Labor Relations Board (NLRB)
Section 4 of the Securities Act
Judicial review
Lanham Act
30. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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31. A security interest is perfected by filing a financing statement - which describes the collateral and the creditor's security interests in the collateral. This serves as a notice to third parties. Perfection can also occur by taking possession or con
Supervening illegality
Securities Exchange Act of 1934
Defendant
Perfected
32. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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33. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Standing
Trust
Securities
Defined contribution plan
34. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Chapter 7 of the Code
Domicile
Public company
Bona fide occupational qualification
35. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
Short swing profits
Condition concurrent
The Family and Medical Leave Act
Res judicata
36. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Regulation D of the Securities Act
Implied contracts
Hung jury
Monopoly
37. Actions designed to permanently reduce the health and safety risk associated with the site.
Commercial speech
Diversity jurisdiction
Remediation
Gratuitous assignment
38. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Material breach
Investment contracts
Rule of reason
Security interest
39. Consent after the lawyer has adequately informed the client about the conflict and not only has explained to her the material risk associated with the conflict but also has made available her reasonable alternatives to the proposed conflict
'Mailbox' rule
Hung jury
Informed consent
Negative causation
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
Assignment of rights
Clean Water Act
Short swing profits
Regulation S of the Securities Act
41. It is a report prepared by the president. It includes an assessment of the environment and environmental policies - current and future environmental trends as well as potential remedies for deficiencies in the the nation's environmental programs and
Objective standard
Control persons
The Environmental Quality Report
Environmental Protection Agency (EPA)
42. An exemption for offerings that occur primarily within one state.
'Mirror image' rule
Injury-in-fact
Commercial speech
Rule 147 of the Securities Act
43. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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44. 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.
'Mailbox' rule
Taking a contract 'out of the Statute of Frauds'
Misrepresentation
Express contract
45. 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
Gramm-Leach-Bliley Act
National Environmental Policy Act (NEPA)
Complete or total integration
Discovery
46. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Resource Conservation and Recovery Act
Counteroffer
Assignment of rights
Investment contracts
47. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Federal question jurisdiction
Substitutes of consideration
Judicial review
Retraction
48. It is an action to avoid unjust enrichment.
'clear and present'
Defendant
Equity of redemption
Restitution
49. Employers make payments to retired employees based on the length of their employment and the wages they received.
Adhesion
Limited jurisdiction
Defined benefit plans
Answer
50. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Title VII of the Civil Rights Act of 1964
'due process'
Foreign Corrupt Practices Act
Lien