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Test your basic knowledge |
CLEP Introductory Business Law
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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. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Sherman Act
Duress
Deliberation
Other constituency statutes
2. 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)
Option contract
Liquidated damages clause
The Family and Medical Leave Act
The Social Security Administration
3. Previous decisions made by decisions - by which the current judges must abide by.
Precedent
Group boycotts
Malpractice
Shareholder primacy
4. Duties that involve some personal service or skill or that would materially change the obligor's expectancy under the contract may not be delegated without the obligee's consent. When a contract prohibit assignment - then it also cannot be delegated.
Lanham Act
Multilateral treaties
Duties that cannot be delegated
Exempt securities and transactions
5. 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
Quasi-contract
Termination of an invitation to make an offer
Unemployment compensation laws
Automatic stay
6. Torts and contracts... represents law that regulates the relationships between parties.
Unilateral rescission
Scienter
Civil Law
Motion to strike
7. An offer is not viewed as accepted unless the acceptance corresponded exactly with the terms of the offer. Therefore - any response by the offeree that changed the terms of the agreement would be treated as a rejection.
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8. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Bilateral treaties
Unjust enrichment
Rule 504 of Regulation D of the Securities Act
Mutual rescission
9. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Accredited investor
Negative causation
Pretexting
Rule 506 of Regulation D of the Securities Act
10. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
Mistake
Exempt securities and transactions
Horizontal agreement
When an assignment becomes void
11. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Petit jury
Administrative law judges
Clean Air Act
Sham consideration
12. Regulates air and water pollution as well as address problems associated with certain toxic substances
Tender offers
Age Discrimination in Employment Act (ADEA)
National Labor Relations Board (NLRB)
Environmental Protection Agency
13. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Examples of Uniform Laws
Bureau of Customs and Border Protection
Chapter 13 of the Code
Sham consideration
14. Regulates radio - television - and other forms of interstate communications
Contract law
Attachment
Federal Communications Commission
Section 11 of the Securities Act
15. 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
National Ambient Air Quality Standards
Multilateral treaties
Reporting company
Title VII of the Civil Rights Act of 1964
16. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Legal capacity
Multilateral treaties
Organization for Economic Co-operation and Development (OECD)
Obligor
17. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Supervening illegality
Security agreement
Prosecution
Petit jury
18. If the promisor substantially performs under teh contract
Judgment n.o.v.
Foreclosure
Partial or trivial breach
Expertised portion
19. 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
Resource Conservation and Recovery Act
Condition concurrent
Revocation
Retraction
20. 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
Expectation damages (also known as the 'benefit of the bargain')
Treaties authority
Who is liable
The Statute of Frauds
21. The party seeking to appeal the previous court's decision
Appellant
Prosecution
National Environmental Policy Act (NEPA)
Group boycotts
22. Manages the nation's social security system
Shareholder primacy
The Social Security Administration
10-Q
Termination of an invitation to make an offer
23. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Bilateral treaties
Informed consent
Environmental Protection Agency
Federal Information Act
24. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Misstatement or omission
Administrative Procedure Act
Criminal Law
Undue influence
25. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Affirm or disaffirm
Pregnancy Discrimination ACt
Negative causation
Chapter 13 of the Code
26. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Voluntarily proceeding
Price fixing
Reliance
Jurisdiction
27. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
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28. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Age Discrimination in Employment Act (ADEA)
Mental incapacity
Content-neutral restrictions
National Labor Relations Act
29. He has the enforceable right against the obligor because he is considered the real party interest.
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30. 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.
Bilateral Investment Treaty program
Equal Employment Opportunity Commission (EEOC)
Manufacturing defect
Injury-in-fact
31. Oversees the purchase and sale of securities
Trust
Demand assurance
Adhesion
Securities and Exchange Commission
32. There is no contract between the employer and employee - and therefore - either the employee or the employer can terminate the employment relationship at any time for any reason.
Charitable contributions
Group boycotts
Employee-at-will
Administrative law judges
33. 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.
Treaties authority
Judicial review
Bureau of Customs and Border Protection
Assignee
34. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Consequentialism
Injury-in-fact
Accredited investor
Burden of proof
35. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Attorney/client privilege
Consumer protection
Delegation
Other constituency statutes
36. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Bureau of Customs and Border Protection
Adhesion
Corporate social responsibility
Section 701 of the Securities Act
37. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Vertical agreements
Contracts that prohibit assignment
Condition precedent
Goods
38. It is a pre-trial motion to take out certain matters
Motion to strike
Discovery
Section 5 of the Securities Act
Environmental Protection Agency
39. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Nonexpertized portions
Foreign Sovereign Immunities Act
Unilateral contract
Expropriation
40. It represents a request for the court to take some action. A motion can be filed by a defendant.
Motion
Securities and Exchange Commission
Unconscionability
Obligor
41. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
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42. 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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43. A condition that occurs at the same time as performance
Process of assignment
Social Security Act
Securities Act Registration
Condition concurrent
44. 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.
Res judicata
Duties that cannot be delegated
Securities Act Registration
Bilateral contract
45. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Consumer protection
Clean Air Act
Exempt securities and transactions
Token consideration
46. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Exclusive distributor agreements
'clear and present'
Foreign Corrupt Practices Act
Exempt securities and transactions
47. The difference between the value of the property as substantially complete and the value of the property upon full performance
Equal Employment Opportunity Commission (EEOC)
Process of assignment
Rule 505 of Regulation D of the Securities Act
Diminution in value
48. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Age Discrimination in Employment Act (ADEA)
Charitable contributions
Condition
Criminal Law
49. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Precedent
Materiality
Involuntary proceeding
Examples of Uniform Laws
50. The party that won in the previous court trial - but the other party is appealing the decision.
Appellee or respondent
Gramm-Leach-Bliley Act
Federal Communications Commission
Implied terms
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