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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. In product liability law - a product that is defective to the point of threatening a consumer's health and safety. A product will be considered unreasonably dangerous if it is dangerous beyond the expectation of the ordinary consumer or if a less dan
bailee
fictitious payee
unreasonably dangerous product
cashier's check
2. An order by a bank customer to his or her bank not to pay or certify a certain check.
stop-payment order
I-9 verification
firm offer
summary jury trial (SJT)
3. A person in possession of an instrument payable to bearer or indorsed in blank.
certification mark
attachment
bearer
indorsement
4. The party that is ordered to pay a draft or check. With a check - a bank or a financial institution is always the drawee.
inter vivos trust
national law
implied warranty of habitability
drawee
5. A lesser crime than a felony - punishable by a fine or incarceration in jail for up to one year.
misdemeanor
cashier's check
community property
liquidated damages
6. The joint ownership of property by two or more co-owners in which each co-owner owns an undivided portion of the property. On the death of one of the joint tenants - his or her interest automatically passes to the surviving joint tenant(s).
limited liability limited partnership (LLLP)
duress
joint tenancy
tariff
7. A status granted in an international treaty by a provision stating that the citizens of the contracting nations may enjoy the privileges accorded by either party to citizens of its NTR nations. Generally - this status is designed to establish equalit
administrator
normal trade relations (NTR) status
security agreement
sole proprietorship
8. The second of two stages in the termination of a partnership or corporation. Once the firm is dissolved - it continues to exist legally until the process of winding up all business affairs (collecting and distributing the firm's assets) is complete.
winding up
bond
protected class
concurrent jurisdiction
9. Any transaction in which the payment of a debt is guaranteed - or secured - by personal property owned by the debtor or in which the debtor has a legal interest.
secured transaction
unilateral contract
reply
assignor
10. Procedurally - a defendant's response to the plaintiff's complaint.
answer
execution
joint and several liability
sovereign immunity
11. A method of settling disputes - used in many federal courts - in which a trial is held - but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately
summary jury trial (SJT)
quasi contract
sole proprietorship
disaffirmance
12. An implied promise by a landlord that rented residential premises are fit for human habitation
implied warranty of habitability
seasonably
diversity of citizenship
rescission
13. Property with which the owner has voluntarily parted - with no intention of recovering it.
abandoned property
motion to dismiss
fixed-term tenancy
protected class
14. Mistake that occurs when one party to a contract is mistaken as to a material fact; the contract normally is enforceable.
ethics
Regulation E
unilateral mistake
negotiable instrument
15. A check that is paid by the bank when the checking account on which the check is written contains insufficient funds to cover the check.
cyber mark
insider trading
agreement
overdraft
16. A doctrine under which a party to a contract is relieved of her or his duty to perform when performance becomes objectively impossible or totally impracticable (through no fault of either party).
bearer
attachment
corporation
impossibility of performance
17. A clause that allows a payee or other holder of a time instrument to demand payment of the entire amount due - with interest - if a certain event occurs - such as a default in the payment of an installment when due.
acceleration clause
I-9 verification
question of fact
alternative dispute resolution (ADR)
18. 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.
comity
destination contract
confiscation
payor bank
19. 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.
implied-in-fact contract
seniority system
parol evidence rule
negotiable instrument
20. In the context of real property - an interest in land that does not include any right to possess the property.
trade secret
unilateral mistake
writ of attachment
nonpossessory interest
21. One receiving a license to use another's (the franchisor's) trademark - trade name - or copyright in the sale of goods and services.
secured transaction
impossibility of performance
consumer-debtor
franchisee
22. A common means of settling a disputed claim - whereby a debtor offers to pay a lesser amount than the creditor purports is owed. The creditor's acceptance of the offer creates an accord (agreement) - and when the accord is executed - satisfaction occ
good faith purchaser
indorsement
taking
accord and satisfaction
23. A contract between an employer and an employee in which the terms and conditions of employment are stated.
debtor
employment contract
specific performance
sublease
24. According to the Uniform Electronic Transactions Act - information that is either inscribed on a tangible medium or stored in an electronic or other medium and is retrievable.
prenuptial agreement
condition precedent
universal defenses
record
25. Any act that is directed against computers and computer parts - that uses computers as instruments of crime - or that involves computers and constitutes abuse.
exculpatory clause
employment at will
computer crime
nuncupative will
26. The legal process by which secured parties protect themselves against the claims of third parties who may wish to have their debts satisfied out of the same collateral; usually accomplished by filing a financing statement with the appropriate governm
premium
intangible property
perfection
family limited liability partnership (FLLP)
27. Land and everything attached to it - such as trees and buildings.
implied warranty of merchantability
real property
consumer-debtor
probate
28. The passing of title to property from the seller to the buyer for a price.
order instrument
garnishment
seasonably
sale
29. A doctrine that applies when a promisor makes a clear and definite promise on which the promisee justifiably relies. Such a promise is binding if justice will be better served by the enforcement of the promise.
pass-through entity
promissory estoppel
sale
creditors' composition agreement
30. A system or place where banks exchange checks and drafts drawn on each other and settle daily balances.
generally accepted auditing standards (GAAS)
clearinghouse
identity theft
right of reimbursement
31. A charge by a grand jury that a named person has committed a crime.
standing to sue
indictment
garnishment
sales contract
32. A paper exchanged in the regular course of business that evidences the right to possession of goods (for example - a bill of lading or a warehouse receipt).
fixed-term tenancy
document of title
crime
constructive delivery
33. 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.
fungible goods
abandoned property
cram-down provision
adverse possession
34. An agreement that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
franchisor
foreign exchange market
secondary boycott
stock options
35. A Latin term meaning 'per person.' In the law governing estate distribution - a method of distributing the property of an intestate's estate so that each heir in a certain class (such as grandchildren) receives an equal share.
collecting bank
rule of four
motion for judgment on the pleadings
per capita
36. A doctrine under which a party may be excused from performing a contract when (1) a contingency occurs - (2) the contingency's occurrence makes performance impracticable - and (3) the nonoccurrence of the contingency was a basic assumption on which t
cybernotary
commercial impracticability
shrink-wrap agreement
parent-subsidiary merger
37. A rule requiring a plaintiff to do whatever is reasonable to minimize the damages caused by the defendant.
mitigation of damages
insurable interest
dissolution
apparent authority
38. The number of members of a decision-making body that must be present before business may be transacted.
sexual harassment
community property
jurisdiction
quorum
39. Under the Uniform Commercial Code Section 2-403(2) - a rule stating that if goods are entrusted to a merchant who deals in goods of that kind - the merchant has the power to transfer those goods and all rights to them to a buyer in the ordinary cours
personal defenses
mortgagee
market-share liability
entrustment rule
40. The document filed with the appropriate governmental agency - usually the secretary of state - when a business is incorporated. State statutes usually prescribe what kind of information must be contained in the articles of incorporation.
articles of incorporation
undisclosed principal
joint tenancy
premium
41. In international law - a formal written agreement negotiated between two nations or among several nations. In the United States - all treaties must be approved by the Senate.
corporate governance
executed contract
insurable interest
treaty
42. A contract that results when an offer can be accepted only by the offeree's performance.
intellectual property
concurrent conditions
civil law system
unilateral contract
43. Terms and conditions of use that are presented to an Internet user at the time certain products - such as software - are being downloaded but that need not be agreed to (by clicking 'I agree -' for example) before the user is able to install or use t
legatee
sublease
bylaws
browse-wrap terms
44. One licensing another (the franchisee) to use the owner's trademark - trade name - or copyright in the selling of goods or services.
franchisor
necessaries
writ of certiorari
actus reus
45. In a secured transaction - the process by which a secured creditor's interest 'attaches' to the property of another (collateral) and the creditor's security interest becomes enforceable. In the context of judicial liens - a court-ordered seizure and
attachment
performance
periodic tenancy
diversity of citizenship
46. An action to recover identified goods in the hands of a party who is wrongfully withholding them from the other party. Under the UCC - this remedy is usually available only if the buyer or lessee is unable to cover.
replevin
constructive discharge
merger
constructive eviction
47. A prediction concerning potential loss based on known and unknown factors.
dumping
risk
trade dress
maker
48. In bankruptcy proceedings - all of the debtor's interests in property currently held - wherever located - together with certain jointly owned property - property transferred in transactions voidable by the trustee - proceeds and profits from the prop
predominant-factor test
distributed network
estate in property
bailee
49. A negotiable instrument that is payable 'to the order of an identified person' or 'to an identified person or order.'
mitigation of damages
order instrument
power of attorney
family limited liability partnership (FLLP)
50. The termination of an obligation. In contract law - discharge occurs when the parties have fully performed their contractual obligations or when other events occur that release the parties from performance. In bankruptcy proceedings - discharge is th
discharge
merger
financing statement
articles of organization