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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. Property that is movable; any property that is not real property.
unenforceable contract
voidable contract
bequest
personal property
2. A warranty that goods being sold or leased are reasonably fit for the general purpose for which they are sold or leased - are properly packaged and labeled - and are of proper quality. The warranty automatically arises in every sale or lease of goods
franchise
distribution agreement
implied warranty of merchantability
stored-value card
3. A set of policies or procedures affecting the way a corporation is directed or controlled.
patent
license
corporate governance
white-collar crime
4. State or local laws that prohibit the performance of certain types of commercial activities on Sunday.
garnishment
recording statutes
blue laws
tippee
5. Generally - the value given in return for a promise; involves two elements
consideration
burglary
transfer warranties
mislaid property
6. 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.
rescission
pledge
accession
bearer instrument
7. Any bank to which an item is transferred in the course of collection - except the depositary or payor bank.
cost-benefit analysis
fixture
covenant not to compete
intermediary bank
8. A court-created doctrine under which a party to a contract will be relieved of her or his duty to perform when the objective purpose for performance no longer exists (due to reasons beyond that party's control).
consequential damages
bailee
fungible goods
frustration of purpose
9. Any voluntary transfer of property made without consideration - past or present.
proceeds
gift
devisee
tariff
10. In most states - a rule stating that express authority given to an agent must be in writing if the contract to be made on behalf of the principal is required to be in writing.
normal trade relations (NTR) status
requirements contract
equal dignity rule
negotiation
11. A gift made during one's lifetime and not in contemplation of imminent death - in contrast to a gift causa mortis.
retained earnings
partnership
certified check
gift inter vivos
12. A rule under which a court will not receive into evidence the parties' prior negotiations - prior agreements - or contemporaneous oral agreements if that evidence contradicts or varies the terms of the parties' written contract.
tenancy at will
parol evidence rule
ratification
right of contribution
13. The testimony of a party to a lawsuit or a witness taken under oath before a trial.
judicial review
deposition
leasehold estate
independent contractor
14. 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.
e-agent
investment contract
electronic fund transfer (EFT)
imposter
15. Land and everything attached to it - such as trees and buildings.
general partner
real property
joint and several liability
information return
16. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
limited partnership
homestead exemption
mutual fund
incidental damages
17. A case in which the plaintiff has produced sufficient evidence of his or her claim that the case can go to a jury; a case in which the evidence compels a decision for the plaintiff if the defendant produces no affirmative defense or evidence to dispr
dishonor
diversity of citizenship
prima facie case
co-surety
18. A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.
motion for judgment n.o.v.
mortgagor
spendthrift trust
sovereign immunity
19. Under a mortgage agreement - the debtor who gives the creditor a security interest in the debtor's property in return for a mortgage loan.
fee simple
winding up
mortgagor
dumping
20. Rights held by shareholders that entitle them to purchase newly issued shares of a corporation's stock - equal in percentage to shares already held - before the stock is offered to any outside buyers. Preemptive rights enable shareholders to maintain
preemptive rights
intellectual property
implied-in-fact contract
abandoned property
21. 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
accord and satisfaction
presentment
purchase-money security interest (PMSI)
promisor
22. An agreement in which a buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer needs or requires.
requirements contract
personal defenses
community property
closed shop
23. In a limited partnership - a partner who contributes capital to the partnership but has no right to participate in the management and operation of the business. The limited partner assumes no liability for partnership debts beyond the capital contrib
limited partner
fixed-term tenancy
binder
sale on approval
24. 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.
implied warranty of habitability
workout
tender
implied-in-fact contract
25. A written supplement or modification to a will. A codicil must be executed with the same formalities as a will.
express warranty
backdating
question of law
codicil
26. The party that initiates a draft (such as a check) - thereby ordering the drawee to pay.
cure
bequest
drawer
stock options
27. A network of twelve district banks and related branches located around the country and headed by the Federal Reserve Board of Governors. Most banks in the United States have Federal Reserve accounts.
tippee
Federal Reserve System
real property
promisor
28. In the context of securities offerings - 'sophisticated' investors - such as banks - insurance companies - investment companies - the issuer's executive officers and directors - and persons whose income or net worth exceeds certain limits.
reformation
shareholder's derivative suit
accredited investors
incidental beneficiary
29. A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.
copyright
disparate-treatment discrimination
cyberterrorist
market-share liability
30. 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
alternative dispute resolution (ADR)
collateral promise
counterclaim
unreasonably dangerous product
31. The act of accepting and giving legal force to an obligation that previously was not enforceable.
executor
resulting trust
ratification
voidable contract
32. Conditions that must occur or be performed at the same time; they are mutually dependent. No obligations arise until these conditions are simultaneously performed.
independent contractor
certificate of limited partnership
quasi contract
concurrent conditions
33. A trust that is created by will and therefore does not take effect until the death of the testator.
testamentary trust
course of performance
white-collar crime
eminent domain
34. A contract that does not require a specified form or formality to be valid.
choice-of-language clause
informal contract
estopped
sale
35. A distribution to corporate shareholders of corporate profits or income - disbursed in proportion to the number of shares held.
privity of contract
dividend
levy
stale check
36. An amount - stipulated in a contract - that the parties to the contract believe to be a reasonable estimation of the damages that will occur in the event of a breach.
union shop
replevin
special warranty deed
liquidated damages
37. To put funds or goods together into one mass so that they are so mixed that they no longer have separate identities. In corporate law - if personal and corporate interests are commingled to the extent that the corporation has no separate identity - a
franchise
commingle
objective theory of contracts
articles of organization
38. Joint ownership.
tangible property
concurrent ownership
warranty deed
choice-of-language clause
39. In a given state - a corporation that does business in the state without being incorporated therein.
limited liability limited partnership (LLLP)
per capita
corporate social responsibility
foreign corporation
40. An individual whose debts are primarily consumer debts (debts for purchases made primarily for personal - family - or household use).
payee
sales contract
consumer-debtor
categorical imperative
41. A contract that is formed electronically.
concurrent jurisdiction
junior lienholder
e-contract
implied-in-fact contract
42. 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
mediation
impossibility of performance
close corporation
43. A contract that has not as yet been fully performed.
executory contract
indictment
codicil
market-share liability
44. A form of eviction that occurs when a landlord fails to perform adequately any of the duties (such as providing heat in the winter) required by the lease - thereby making the tenant's further use and enjoyment of the property exceedingly difficult or
condition precedent
unconscionable contract or clause
distribution agreement
constructive eviction
45. In the context of bankruptcy - a creditor who has received a preferential transfer from a debtor.
stock certificate
preferred creditor
adverse possession
requirements contract
46. A person who makes an offer.
offeror
sale on approval
mediation
obligor
47. Professional misconduct or unreasonable lack of skill; the failure of a professional to use the skills and learning common to the average reputable members of the profession or the skills and learning the professional claims to possess - resulting in
patent
confusion
valid contract
malpractice
48. In contract law - the withdrawal of an offer by an offeror. Unless the offer is irrevocable - it can be revoked at any time prior to acceptance without liability.
draft
e-contract
sovereign immunity
revocation
49. A document by which title to property (usually real property) is passed.
bequest
will substitutes
member
deed
50. The act of transferring to another all or part of one's rights arising under a contract.
assignment
acceptance
express contract
vesting