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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 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.
Rule 506 of Regulation D of the Securities Act
Collateral
Reliance damages
Misrepresentation
2. Previous decisions made by decisions - by which the current judges must abide by.
Secured transaction
Specialized federal courts
Export Administration Regulations (EAR)
Precedent
3. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
'due process'
Security agreement
Shareholder primacy
Section 5 of the Securities Act
4. 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
Rule 144 of the Securities Act
'Definite and certain'
Contract with intoxicated persons
5. A party's damage award will be reduced by any loss he did or could have avoided.
Duty to mitigate
National Ambient Air Quality Standards
General Agreement on Tariffs and Trades
Non-recoverable damages
6. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
'Definite and certain'
Adhesion
Complete or total integration
Collective bargaining
7. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Illusory promise
Judicial review
Superfund
Section 11 of the Securities Act
8. A condition that cuts off a pre-existing duty
Creditor beneficiary
Contract law
Condition subsequent
The Council on Environmental Quality
9. It regulates chemical substances
Unjust enrichment
Toxic Substances Control Act
Unilateral mistake
Direct damages
10. Misrepresentation that was made with intent
Fraud
Diversity jurisdiction
Res judicata
Condition precedent
11. When a party unlawfully indicate that he will not perform when the performance is due.
Lanham Act
Anticipatory repudiation
Direct damages
Sherman Act
12. 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
Section 5 of the Securities Act
Investment contracts
Securities
Commercial speech
13. 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.
Novation
'in pari delicto'
Revocability
Federal Trade Commission (FTC)
14. 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
Materiality
Strict liability
Gratuitous assignment
Environmental Protection Agency (EPA)
15. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
'de nuvo'
Restatement (Second) of Contracts
Equal protection
Expropriation
16. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
10-Q
Restitution and rescission
Bureau of Customs and Border Protection
Securities Exchange Act of 1934
17. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Subjective intent
Inadequate warning defect`
Rule 505 of Regulation D of the Securities Act
Reliance
18. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Creditor beneficiary
Direct damages
Group boycotts
19. The proceeding for a supervised reorganization of the debtor's business. The debtor must present a plan of reorganization to the bankruptcy court. After 120 days - creditors have the right to present competing plans. The court makes the final determi
Grand jury
Res ipsa loquitor
Chapter 11 of the Code
Consequential damages
20. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Federal Insurance Contributions Act
Title VII of the Civil Rights Act of 1964
Pre-existing duty
Superfund
21. A trust formed to dominate an industry
Monopoly
Bilateral investment treaties
Multilateral treaties
Intended beneficiary
22. A supervening stature makes a contract illegal - and thereby makes performance impossible
Americans with Disabilities Act (ADA)
Regulation S of the Securities Act
Supervening illegality
Section 5 of the Securities Act
23. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
Stare decisis
Federal Environmental Pesticide Control Act
Prospectus
24. 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
Intended beneficiary
Treaties authority
Section 4 of the Securities Act
Informed consent
25. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Unilateral contract
Effect of delegation
Levels of courts
Section 7A of the Clayton Act
26. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.
Misrepresentation
Federal district court
The Family and Medical Leave Act
Fair Credit Reporting Act
27. Punitive damage - non-economic damages - and attorneys' fees
Restitution
Defined benefit plans
Non-recoverable damages
Revocability
28. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Exclusive dealing agreement
Employment law
National Environmental Policy Act (NEPA)
Criminal Law
29. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Accord
Condition
Title VII of the Civil Rights Act of 1964
Control persons
30. The documents that parties file in connection with their lawsuit
Horizontal agreement
Original jurisdiction
Contract
Pleadings
31. 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)
Liability based on intentional tort
Option contract
Bilateral Investment Treaty program
Misstatement or omission
32. The party seeking to appeal the previous court's decision
Appellant
Offer
Rules of interpretation of a contract by a court
National Environmental Policy Act (NEPA)
33. The Securities Act defines securities broadly to includes notes - stock - bonds - debentures - stock subscriptions - voting trust certificates - limited partnership interests - investment contracts - and fractional interest in oil/gas/mineral.
Securities
Condition precedent
Affirm or disaffirm
Parol Evidence Rule
34. A misrepresentation made with knowledge of its inaccuracy
Incidental beneficiary
Scienter
Rule 144 of the Securities Act
'clear and present'
35. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
Federal Communications Commission
Rules of construction
Expectation damages (also known as the 'benefit of the bargain')
Sherman Act
36. 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
Process of appealing a case through the three levels of court
Priority of secured transactions
Consideration
Obligor's rights
37. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Private placement
Counteroffer
Implied contracts
Strict liability
38. 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
'Ffour corners'
Motion for a more definitive statement
'in pari delicto'
Clean Water Act
39. 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.
Non-recoverable damages
Investment contracts
Criminal Law
Defined contribution plan
40. 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
Breach
Contracts that prohibit assignment
The Council on Environmental Quality
Token consideration
41. It is a promise stated in words - either oral or written.
Express contract
Equal Credit Opportunity Act
Option contract
Section 4 of the Securities Act
42. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Hung jury
Any statutory seller
Writ of certiorari
Substantial performance
43. 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'
Third party beneficiary
Remand
Per se
Implied terms
44. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Consumer protection
Foreign Sovereign Immunities Act
Design defect
Offer
45. 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
Secured transaction
Assignee's rights
Creditor
National Ambient Air Quality Standards
46. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
'Quid pro quo'
Attachment
Objective standard
Age Discrimination in Employment Act (ADEA)
47. People who are below the age of majority (which varies from state to state). Any contract that they are a part of is void - unless - (a) sometimes when the minor intentionally misrepresented his age and caused the other party to rely on teh misrepres
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48. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Hung jury
'de nuvo'
Trust
Creditor
49. Discrimination based on race or sex
Personal jurisdiction
Employment discrimination
Export Administration Regulations (EAR)
Implied terms
50. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Donee beneficiary
Specific performance
Domicile
Injury-in-fact