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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.
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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. 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.
covenant not to compete
winding up
justiciable controversy
promissory note
2. The sale of all of the nonexempt assets of a debtor and the distribution of the proceeds to the debtor's creditors. Chapter 7 of the Bankruptcy Code provides for liquidation bankruptcy proceedings.
special warranty deed
liquidation
default
preferred stock
3. All employers must verify the employment eligibility and identity of any worker hired in the United States. To comply with the law - employers must complete an I-9 Employment Eligibility Verification Form for all new hires within three business days.
limited partner
testate
assignee
I-9 verification
4. Any type of written - electronic - or graphic offer that describes the issuing corporation or its securities and includes a legend indicating that the investor can obtain the prospectus at the SEC's Web site.
lease agreement
act of state doctrine
testamentary trust
free-writing prospectus
5. 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
deposition
course of performance
malpractice
partnering agreement
6. The failure - without legal excuse - of a promisor to perform the obligations of a contract.
revocation
breach of contract
lease agreement
takeover
7. 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.
equal dignity rule
forbearance
collecting bank
franchise
8. A corporation whose shareholders are limited to a small group of persons - often including only family members.
scienter
identity theft
close corporation
stored-value card
9. The portion of a corporation's profits that has not been paid out as dividends to shareholders.
close corporation
probate
retained earnings
motion to dismiss
10. 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.
usage of trade
objective theory of contracts
promisor
acceleration clause
11. 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.
e-signature
workout
preemptive rights
tender offer
12. The act of transferring to another all or part of one's duties arising under a contract.
probate
export
e-contract
delegation of duties
13. Shares of stock issued by a corporation for which the corporation receives - as payment - less than the stated value of the shares.
risk management
predominant-factor test
watered stock
venue
14. Reasonable grounds for believing that a person should be arrested or searched.
probable cause
promise
dishonor
self-defense
15. The party that initiates a draft (such as a check) - thereby ordering the drawee to pay.
drawer
cure
leasehold estate
cost-benefit analysis
16. A question that pertains to the U.S. Constitution - acts of Congress - or treaties. A federal question provides a basis for federal jurisdiction.
good faith purchaser
prenuptial agreement
exclusive distributorship
federal question
17. A crime
dissolution
comity
felony
bilateral mistake
18. A draft drawn by a drawer ordering the drawee bank or financial institution to pay a certain amount of money to the holder on demand.
check
moral minimum
electronic fund transfer (EFT)
information
19. A contract for the sale of goods in which the seller is required or authorized to ship the goods by carrier and tender delivery of the goods at a particular destination. The seller assumes liability for any losses or damage to the goods until they ar
bylaws
destination contract
stored-value card
Federal Reserve System
20. An oral will (often called a deathbed will ) made before witnesses; usually limited to transfers of personal property.
nuncupative will
red herring prospectus
conveyance
act of state doctrine
21. A check that is payable on demand - drawn on or payable through a financial institution (bank) - and designated as a traveler's check.
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22. The purchase or sale of securities on the basis of inside information (information that has not been made available to the public).
mailbox rule
arson
insider trading
Federal Reserve System
23. A trust created to protect the beneficiary from spending all the funds to which she or he is entitled. Only a certain portion of the total amount is given to the beneficiary at any one time - and most states prohibit creditors from attaching assets o
insider trading
spendthrift trust
bankruptcy court
negotiable instrument
24. An agreement made before marriage that defines each partner's ownership rights in the other partner's property. Prenuptial agreements must be in writing to be enforceable.
notary public
tenancy in common
working papers
prenuptial agreement
25. A public official authorized to attest to the authenticity of signatures.
liquidated damages
cease-and-desist order
notary public
necessaries
26. The exclusive right of an author or originator of a literary or artistic production (including computer programs) to publish - print - or sell that production for a statutory period of time.
implied warranty of habitability
copyright
stock
appraisal right
27. A process in which parties attempt to settle their dispute informally - with or without attorneys to represent them. In the context of negotiable instruments - the transfer of an instrument in such form that the transferee (the person to whom the ins
negotiation
creditors' composition agreement
confiscation
counterclaim
28. Mental state - or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus - for murder - the mens rea is the intent to take a lif
contractual capacity
mens rea
gift inter vivos
preferred creditor
29. The passing of title to property from the seller to the buyer for a price.
shelter principle
unconscionable contract or clause
fee simple
sale
30. An old French phrase meaning 'to speak the truth.' In legal terms - it refers to the process in which the attorneys question prospective jurors to learn about their backgrounds - attitudes - biases - and other characteristics that may affect their ab
motion to dismiss
voir dire
novation
bankruptcy court
31. An agreement that creates or provides for a security interest between the debtor and a secured party.
exculpatory clause
ethical reasoning
limited partner
security agreement
32. A contract that is formed electronically.
legatee
exclusive distributorship
e-contract
financing statement
33. A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
per capita
probate court
condition subsequent
trade secret
34. A motion asserting that the trial was so fundamentally flawed (because of error - newly discovered evidence - prejudice - or another reason) that a new trial is necessary to prevent a miscarriage of justice.
closed shop
right of contribution
motion for a new trial
dividend
35. In regard to employment relationships - a system in which those who have worked longest for the employer are first in line for promotions - salary increases - and other benefits. They are also the last to be laid off if the workforce must be reduced.
treaty
offeror
seniority system
sexual harassment
36. A clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract.
purchase-money security interest (PMSI)
choice-of-law clause
private equity capital
right of contribution
37. Generally - a stock certificate - bond - note - debenture - warrant - or other document or record evidencing an ownership interest in a corporation or a promise to repay a corporation's debt.
chattel
community property
certification mark
security
38. A deed in which the grantor assures (warrants to) the grantee that the grantor has title to the property conveyed in the deed - that there are no encumbrances on the property other than what the grantor has represented - and that the grantee will enj
gift causa mortis
warranty deed
nonpossessory interest
leasehold estate
39. 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).
codicil
formal contract
legacy
document of title
40. A principal whose identity is unknown by a third party - but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract.
partially disclosed principal
life estate
e-signature
tender
41. Necessities required for life - such as food - shelter - clothing - and medical attention; may include whatever is believed to be necessary to maintain a person's standard of living or financial and social status.
contract
necessaries
eminent domain
order for relief
42. An agreement that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
tender of delivery
notary public
stock options
identification
43. 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
mediation
destination contract
accord and satisfaction
liquidated debt
44. The threshold mental capacity required by law for a party who enters into a contract to be bound by that contract.
comity
contractual capacity
impossibility of performance
forbearance
45. A worldwide system in which foreign currencies are bought and sold.
foreign exchange market
trademark
tender offer
bounty payment
46. An implied promise by a landlord that rented residential premises are fit for human habitation
standing to sue
implied warranty of habitability
insider trading
bilateral mistake
47. A contract that does not require a specified form or formality to be valid.
commercial impracticability
abandoned property
counteroffer
informal contract
48. 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
motion for a directed verdict
felony
concurrent jurisdiction
49. One who - by use of the mails - Internet - telephone - or personal appearance - induces a maker or drawer to issue an instrument in the name of an impersonated payee. Indorsements by imposters are treated as authorized indorsements under Article 3 of
imposter
limited liability company (LLC)
sale on approval
indictment
50. 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
collecting bank
drawer
indictment
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