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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 exemption for transactions involving offerings to employees.
Section 701 of the Securities Act
Option contract
Federal Insurance Contributions Act
Motion for a more definitive statement
2. 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
Illusory promise
The Statute of Frauds
Counterclaims
Liability based on intentional tort
3. 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
The Environmental Quality Report
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Petit jury
Implied contract
4. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
The Family and Medical Leave Act
Rule 506 of Regulation D of the Securities Act
General Agreement on Tariffs and Trades
Short swing profits
5. A supervening stature makes a contract illegal - and thereby makes performance impossible
Unconscionability
Title VII of the Civil Rights Act of 1964
Supervening illegality
Strict liability
6. Negative causation - due diligence defense - ...
Trust
Defenses against liability of misrepresentations or omissions
Mortgage
Export Administration Regulations (EAR)
7. The written set of charges against the defendant - which is presented to a grand jury.
Supreme Court powers
Indictment
Unconscionability
Injunction
8. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Material breach
Gramm-Leach-Bliley Act
Bureau of Customs and Border Protection
Administrative law judges
9. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Condition subsequent
Jurisdiction
Parol Evidence Rule
Consequentialism
10. A creditor that does not have a security interest in any of the debtor's property or assets.
Plaintiff
Unsecured creditor
Security agreement
Organization for Economic Co-operation and Development (OECD)
11. Regulates stock exchanges - the over-counter market - and individuals who assist investors with trading activities.
Precedent
Unconscionability
Process of assignment
Exchange Act Regulations
12. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
A motion of summary judgement
Tender offers
Proxy
Social entity or stakeholder theory of the corporation
13. A condition that must occur before a duty to perform arises
Consideration
Non-recoverable damages
'meeting of the minds'
Condition precedent
14. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Scienter
Chapter 13 of the Code
'Infants' or 'minors'
Securities Act
15. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Chapter 11 of the Code
Strict liability
Civil Law
Commencing a lawsuit
16. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
Expropriation
Corporate social responsibility
Adhesion
Rule 505 of Regulation D of the Securities Act
17. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Effect of delegation
Grand jury
Reliance
Truth in Lending Act
18. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.
Employee Retirement Income Security Act (ERISA)
Changed circumstances that allow a party to be excused from performance under the contract
Foreign Sovereign Immunities Act
Federal circuit court of appeals and the federal court of appeals
19. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Horizontal agreement
Mortgage
Attorney/client privilege
Federal Information Act
20. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Reliance
National Labor Relations Act
The Social Security Administration
'in pari delicto'
21. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Section 701 of the Securities Act
Nonexpertized portions
Uniform Laws
Legal capacity
22. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Collateral
Charitable contributions
Condition
Prosecution
23. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Obligor
Duress
Duty to mitigate
Foreign Corrupt Practices Act
24. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Exclusive distributor agreements
Secured transaction
Complete or total integration
Rule 147 of the Securities Act
25. 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.
Diminution in value
Judicial review
'Definite and certain'
Motion to strike
26. 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
Duties that cannot be delegated
Duress
Liquidated damages clause
27. These contracts do not actually prohibit assignment - but actually prohibits delegation. Assignments will be valid unless the contract specifically states that assignment are void - which in such a case - any assignment will be treated as a breach of
Contracts that prohibit assignment
Subject matter jurisdiction
Restatement (Second) of Contracts
National Institute for Occupational Health
28. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Statute of limitations
Appellant
Group boycotts
Promise
29. 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
Design defect
Complete or total integration
Informed consent
Writ of habeas corpus
30. These are approximate damages to show the necessary amount to compensate the party if the breach had not occurred and the contract has been fully performed. Expectation damages are comprise of direct and consequential damages.
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31. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Content-neutral restrictions
Implied terms
Reporting company
Expropriation
32. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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33. 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.
Civil liability
Fair Debt Collection Act
Misstatement or omission
Collateral
34. A condition that occurs at the same time as performance
Condition concurrent
National Environmental Policy Act (NEPA)
Administrative law judges
Occupational Safety and Health Act
35. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Satisfaction
Companies that are subject to the exchange act (Reporting companies)
Automatic stay
Affirmative defenses
36. Agreements whereby a seller agrees to sell one product to a customer - but only on the condition that the customer purchases another product (vertical agreement)
Answer
Tie-in agreement
Restatement (Second) of Contracts
Federal Environmental Pesticide Control Act
37. 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
Federal Insurance Contributions Act
The Council on Environmental Quality
Lanham Act
Defendant
38. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Restitution and rescission
Chapter 13 of the Code
Res judicata
Mistake
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 -
Writ of habeas corpus
Gratuitous assignment
Treaties authority
Superfund
40. 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
Beneficiary's rights
Res ipsa loquitor
Illusory promise
41. It represents a request for the court to take some action. A motion can be filed by a defendant.
Proxy
Motion
Changed circumstances that allow a party to be excused from performance under the contract
Employee Retirement Income Security Act (ERISA)
42. When the debtor voluntarily initiates the bankruptcy proceedings
Voluntarily proceeding
Personal jurisdiction
Assignor
Domicile
43. When the breach is so central to the contract that it significantly impairs the contract's value to the promisee. In this case - the promisee cannot terminate the agreement - but he can sue and suspend his performance.
'meeting of the minds'
Export Administration Act (EAA)
Material breach
'in pari delicto'
44. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Levels of courts
National Labor Relations Board (NLRB)
Specialized federal courts
Duty to mitigate
45. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Equal Pay Act (EPA)
Vertical agreements
Bona fide occupational qualification
Bilateral investment treaties
46. It is the period in which a person may bring her claim. A contract becomes unenforceable after the statute of limitations has expired. A new contract must be created
Resource Conservation and Recovery Act
Federal question jurisdiction
Statute of limitations
Bilateral treaties
47. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
Substantial performance
Enabling acts
Res ipsa loquitor
Trademark
48. 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
Adhesion
Charitable contributions
Chapter 11 of the Code
'Ffour corners'
49. 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
Negative causation
Legal ethics
Res judicata
Objective standard
50. Legally recognized injury
Injury-in-fact
Employee Retirement Income Security Act (ERISA)
Securities Exchange Act of 1934
Occupational Safety and Health Act