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Test your basic knowledge |
Business Law Fundamentals
Start Test
Study First
Subjects
:
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 equitable remedy requiring exactly the performance that was specified; usually granted only when monetary damages would be an inadequate remedy and the subject matter of the contract is unique.
conveyance
cease-and-desist order
forgery
specific performance
2. Any voluntary transfer of property made without consideration - past or present.
actus reus
fictitious payee
recording statutes
gift
3. A person who acquires the right to the possession and use of another's goods in exchange for rental payments.
lessee
franchisor
secured party
delegatee
4. State or local laws that prohibit the performance of certain types of commercial activities on Sunday.
venture capital
blue laws
sublease
devisee
5. An out-of-court agreement between a debtor and creditors in which the parties work out a payment plan or schedule under which the debtor's debts can be discharged.
usage of trade
condition subsequent
execution
workout
6. A state law providing that employees may not be required to join a union as a condition of retaining employment.
act of state doctrine
right-to-work law
lessor
deficiency judgment
7. Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender - national origin - and religion - but not race.
docket
clearinghouse
promissory estoppel
bona fide occupational qualification (BFOQ)
8. A valid contract rendered unenforceable by some statute or law.
unenforceable contract
long arm statute
arbitration clause
tombstone ad
9. A signed writing (record) that contains an unconditional promise or order to pay an exact sum on demand or at an exact future time to a specific person or order - or to bearer.
negotiable instrument
policy
Statute of Frauds
service mark
10. Damages awarded to compensate for reasonable expenses that are directly incurred because of a breach of contract
nonpossessory interest
incidental damages
fixture
trade dress
11. The intentional burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means
objective theory of contracts
tenancy in common
arson
service mark
12. A party who transfers (delegates) her or his obligations under a contract to another party (called the delegatee).
nonpossessory interest
delegator
presentment
risk
13. A rule of the Securities and Exchange Commission that makes it unlawful - in connection with the purchase or sale of any security - to make any untrue statement of a material fact or to omit a material fact if such omission causes the statement to be
SEC Rule 10b-5
tender
mislaid property
securities
14. Occurs when an individual adds value to personal property by the use of either labor or materials. In some situations - a person may acquire ownership rights in another's property through accession.
condemnation
equal dignity rule
mitigation of damages
accession
15. Information or processes that give a business an advantage over competitors that do not know the information or processes.
stale check
Federal Reserve System
incidental beneficiary
trade secret
16. A trust created by the grantor (settlor) and effective during the grantor's lifetime; a trust not established by a will.
franchise
corporation
mutual fund
inter vivos trust
17. A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the Constitution.
double jeopardy
exculpatory clause
scienter
negotiable instrument
18. Legal responsibility placed on one person for the acts of another; indirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties.
vicarious liability
bearer
question of law
choice-of-law clause
19. The principle that human beings have certain fundamental rights (to life - freedom - and the pursuit of happiness - for example). Those who adhere to this 'rights theory' believe that a key factor in determining whether a business decision is ethical
principle of rights
hot-cargo agreement
course of performance
insurable interest
20. A contractual and statutory process in which one corporation (the surviving corporation) acquires all of the assets and liabilities of another corporation (the merged corporation). The shareholders of the merged corporation either are paid for their
fee simple
reply
merger
gift inter vivos
21. Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise
money laundering
per capita
draft
usury
22. In the context of real property - an interest in land that does not include any right to possess the property.
nonpossessory interest
utilitarianism
mechanic's lien
devisee
23. The principle by which one nation defers to and gives effect to the laws and judicial decrees of another nation. This recognition is based primarily on respect.
malpractice
comity
liquidated damages
expropriation
24. Joint ownership.
delegation of duties
promissory note
confusion
concurrent ownership
25. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
void contract
notary public
incidental damages
articles of partnership
26. A written - temporary insurance policy.
installment contract
binder
insolvent
sole proprietorship
27. The power of a government to take land from private citizens for public use on the payment of just compensation.
short-form merger
minimum wage
eminent domain
takeover
28. Mistake that occurs when one party to a contract is mistaken as to a material fact; the contract normally is enforceable.
normal trade relations (NTR) status
promisee
unilateral mistake
legacy
29. A hybrid form of business organization that is used mainly by professionals who normally do business in a partnership. Like a partnership - an LLP is a pass-through entity for tax purposes - but the personal liability of the partners is limited.
limited liability partnership (LLP)
firm offer
right of subrogation
concurrent ownership
30. Implied warranties - made by any person who transfers an instrument for consideration to subsequent transferees and holders who take the instrument in good faith - that (1) the transferor is entitled to enforce the instrument; (2) all signatures are
counteroffer
e-money
good faith purchaser
transfer warranties
31. A certificate that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
stock warrant
investment contract
adhesion contract
moral minimum
32. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.
question of law
negotiable instrument
award
cover
33. A Latin term meaning 'by the roots.' In estate law - a method of distributing an intestate's estate so that each heir in a certain class (such as grandchildren) takes the share to which her or his deceased ancestor (such as a mother or father) would
per stirpes
family limited liability partnership (FLLP)
right-to-work law
alternative dispute resolution (ADR)
34. A provision in a contract stipulating that certain unforeseen events
international law
force majeure clause
cost-benefit analysis
securities
35. In a jury trial - a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
mortgagee
motion for a directed verdict
international organization
eminent domain
36. A state statute under which certain types of contracts must be in writing to be enforceable.
cyber mark
U.S. trustee
Statute of Frauds
cashier's check
37. A Latin term meaning 'beyond the powers'; in corporate law - acts of a corporation that are beyond its express and implied powers to undertake.
ultra vires
secondary boycott
chattel
easement
38. The right of a person to stand in the place of (be substituted for) another - giving the substituted party the same legal rights that the original party had.
right of subrogation
pass-through entity
member
check
39. Any person in possession of an instrument drawn - issued - or indorsed to him or her - to his or her order - to bearer - or in blank.
preferred creditor
holder
drawer
bylaws
40. A government official who performs certain administrative tasks that a bankruptcy judge would otherwise have to perform.
U.S. trustee
dumping
consequential damages
normal trade relations (NTR) status
41. The process of transferring land out of one's possession (thus 'alienating' the land from oneself).
exclusionary rule
will substitutes
employment discrimination
alienation
42. A 'standard-form' contract - such as that between a large retailer and a consumer - in which the stronger party dictates the terms.
adhesion contract
devise
bearer instrument
motion for a new trial
43. The seizure by a government of a privately owned business or personal property for a proper public purpose and with just compensation.
acceptance
expropriation
floating lien
disaffirmance
44. A computer program that by electronic or other automated means can independently initiate an action or respond to electronic messages or data without review by an individual.
normal trade relations (NTR) status
short-form merger
e-agent
limited liability limited partnership (LLLP)
45. Funds contained on computer software - in the form of secure programs stored on microchips and on other computer devices.
assignor
U.S. trustee
levy
digital cash
46. State statutes establishing an administrative procedure for compensating workers' injuries that arise out of
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47. An agreement whose terms are expressed in a document located inside a box in which goods (usually software) are packaged; sometimes called a shrink-wrap license.
probate
implied warranty
course of performance
shrink-wrap agreement
48. A provision of the Bankruptcy Code that allows a court to confirm a debtor's Chapter 11 reorganization plan even though only one class of creditors has accepted it.
cram-down provision
obligor
incidental damages
winding up
49. Property that is acquired by the debtor after the execution of a security agreement.
devise
after-acquired property
spendthrift trust
risk
50. A question that pertains to the U.S. Constitution - acts of Congress - or treaties. A federal question provides a basis for federal jurisdiction.
writ of attachment
floating lien
insurable interest
federal question