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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. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Companies that are subject to the exchange act (Reporting companies)
Production quotas
Who is liable
Administrative law judges
2. 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
Regulation S of the Securities Act
Mutual assent
Commencing a lawsuit
Companies that are subject to the exchange act (Reporting companies)
3. 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
Contracts that prohibit assignment
Jurisdiction
Contract with intoxicated persons
4. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
Pregnancy Discrimination ACt
Grand jury
Commercial speech
Third party beneficiary
5. 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)
Direct damages
Pregnancy Discrimination ACt
Tie-in agreement
Motion for a more definitive statement
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
Injury-in-fact
Fair Labor Standards Act (FLSA)
Shareholder primacy
Discharge of contract
7. A distinct mark or symbol that identifies a business and its products
Exempt securities and transactions
Remediation
Pleadings
Trademark
8. What the courts uses to assess whether or not a particular restraint (trusts that restrain trade) is reasonable (is it economically efficient)
Option contract
Bureau of Customs and Border Protection
Rule of reason
Production quotas
9. An annual report required by the Exchange Act
10-K
Clean Water Act
Unemployment compensation laws
Diminution in value
10. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Equal protection
National Treatment
Parol Evidence Rule
Bona fide occupational qualification
11. The promisor's failure to perform in accordance with the terms of the contract
Breach
Investment contracts
Judicial review
Common Law
12. 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.
Bargained-for-exchange
National Institute for Occupational Health
Misstatement or omission
Bona fide occupational qualification
13. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Securities
Motion to strike
Vertical agreements
Chapter 13 of the Code
14. 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.'
Civil liability
'Blue sky' laws
Adhesion
Uniform Laws
15. 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
Substantive unconscionability
Personal jurisdiction
Legal detriment
Satisfaction
16. Regulates trusts and monopolies
Verdict
'Takings'
Federal Trade Commission
Bilateral Investment Treaty program
17. Obtaining consumer's private financial information under false pretenses
Securities Act Registration
Delegation
Pretexting
Administrative Procedure Act
18. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Stare decisis
Employee Retirement Income Security Act (ERISA)
Promisor's rights (in relation to the beneficiary)
United States Bankruptcy Code ('Code')
19. The person who assigns her rights
National Institute for Occupational Health
Subject matter jurisdiction
Restitution
Obligee
20. A small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Specific performance
Promisor's rights (in relation to the beneficiary)
Expectation damages (also known as the 'benefit of the bargain')
Token consideration
21. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Exclusive distributor agreements
Revocability
Appellate jurisdiction
Gift
22. 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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23. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Satisfaction
Pleadings
Examples of Uniform Laws
Obligor
24. Prevents discrimination against employees who are 40years old or more
8-K
Age Discrimination in Employment Act (ADEA)
United States Bankruptcy Code ('Code')
Expertised portion
25. The exchange of promises or an exchange of a promise for a performance.
Breach
Bargained-for-exchange
Illusory promise
Duress
26. 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
The Statute of Frauds
Reliance damages
National Treatment
Federal district court
27. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Direct damages
'Blue sky' laws
Public company
Mental incapacity
28. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
'Blue sky' laws
Section 5 of the Securities Act
Price fixing
Rule 504 of Regulation D of the Securities Act
29. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Civil Law
Market division
Regulation S of the Securities Act
Horizontal agreement
30. A pre-trial motion when the pleadings are vague or ambiguous.
Clean Water Act
Misstatement or omission
Condition concurrent
Motion for a more definitive statement
31. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Secured transaction
Expertised portion
Short swing profits
Consumer protection
32. 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.
Implied contracts
Exchange Act Regulations
Criminal Law
Occupational Safety and Health Administration (OSHA)
33. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Model Rules of Professional Conduct
'Infants' or 'minors'
Rule 506 of Regulation D of the Securities Act
Revocation
34. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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35. 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.
Rule 12b (6) motion
Equal Employment Opportunity Commission (EEOC)
Injury-in-fact
Obligor's rights
36. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Promise
Revocability
Legal capacity
Subjective intent
37. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Pregnancy Discrimination ACt
Legal capacity
Substantial performance
Option contract
38. 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
Criminal Trial
Charitable contributions
Misrepresentation
Revocation
39. This is when the appellate court send the case back to the lower court for a new trial.
Token consideration
Contracts that prohibit assignment
Remand
Section 11 of the Securities Act
40. 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.
Rule 505 of Regulation D of the Securities Act
Diminution in value
Federal circuit court of appeals and the federal court of appeals
Implied contract
41. 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
Injunction
Rule 506 of Regulation D of the Securities Act
Employee Retirement Income Security Act (ERISA)
Exclusive distributor agreements
42. (A form of consequentialism) It is the belief that an action is justified as long as it does the greatest good for the greatest number of people (Advocators: Jeremy Bentham and John Stuart Mill)
Consideration
Utilitarianism
Section 4 of the Securities Act
Foreign Corrupt Practices Act
43. A creditor that does not have a security interest in any of the debtor's property or assets.
Rule 147 of the Securities Act
Unsecured creditor
Burden of proof
Superfund
44. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Tie-in agreement
Expropriation
Chapter 7 of the Code
Automatic stay
45. 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
Writ of certiorari
Suspect classification
Legal detriment
Resource Conservation and Recovery Act
46. Treaties between two nations addressing investment concerns
Quasi-contract
Bilateral investment treaties
Consumer protection
Joint obligation
47. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
Exclusive distributor agreements
Reliance damages
Misstatement or omission
Equal protection
48. 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)
Security interest
Lien
Rule 12b (6) motion
Group boycotts
49. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Obligee
Foreign Corrupt Practices Act
Horizontal agreement
Parol Evidence Rule
50. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
'in pari delicto'
Automatic stay
Revocation