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Test your basic knowledge |
Business Law Fundamentals
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Subjects
:
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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.
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. Latin for 'let the master respond.' A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.
writ of certiorari
abandoned property
answer
respondeat superior
2. The mixing together of goods belonging to two or more owners so that the separately owned goods cannot be identified.
exculpatory clause
purchase-money security interest (PMSI)
pledge
confusion
3. Reasonable grounds for believing that a person should be arrested or searched.
probable cause
minimum wage
limited partner
intellectual property
4. 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
entrustment rule
assignee
tariff
common stock
5. A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).
SEC Rule 10b-5
agency
alienation
extension clause
6. 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
tender of delivery
constructive delivery
judicial review
principle of rights
7. A clause in a contract designating the official language by which the contract will be interpreted in the event of a future disagreement over the contract's terms.
cross-collateralization
stock warrant
choice-of-language clause
unconscionable contract or clause
8. Property that is acquired by the debtor after the execution of a security agreement.
bilateral mistake
cybernotary
unilateral mistake
after-acquired property
9. A government official who performs certain administrative tasks that a bankruptcy judge would otherwise have to perform.
overdraft
U.S. trustee
course of dealing
self-incrimination
10. A fictional contract imposed on the parties by a court in the interests of fairness and justice; usually imposed to avoid the unjust enrichment of one party at the expense of another.
incidental beneficiary
quasi contract
copyright
nominal damages
11. A person who makes a promise.
promisor
usury
after-acquired property
consolidation
12. An arrangement in which title to property is held by one person (a trustee) for the benefit of another (a beneficiary).
trust
investment contract
e-evidence
fixture
13. In a lawsuit - an issue involving the application or interpretation of a law. Only a judge - not a jury - can rule on questions of law.
concurrent ownership
per capita
long arm statute
question of law
14. A person to whom a promise is made.
accord and satisfaction
promisee
agency
cybernotary
15. Law that pertains to a particular nation (as opposed to international law).
normal trade relations (NTR) status
cease-and-desist order
creditors' composition agreement
national law
16. One who promises to pay a fixed amount of money to the holder of a promissory note or a certificate of deposit (CD).
maker
smart card
motion to dismiss
incidental beneficiary
17. A mark used by one or more persons - other than the owner - to certify the region - materials - mode of manufacture - quality - or other characteristic of specific goods or services.
informal contract
special warranty deed
certification mark
self-defense
18. A party who transfers (assigns) his or her rights under a contract to another party (called the assignee).
tangible property
reaffirmation agreement
double jeopardy
assignor
19. 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
deed
tenancy at sufferance
fee simple absolute
20. A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services.
resulting trust
profit
predominant-factor test
mechanic's lien
21. 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
breach of contract
diversity of citizenship
22. A common law doctrine under which either party may terminate an employment relationship at any time for any reason - unless a contract specifies otherwise.
affirmative action
employment at will
probate court
lien
23. The various documents used and developed by an accountant during an audit - such as notes and computations - that make up the work product of an accountant's services to a client.
arson
writ of attachment
ethical reasoning
working papers
24. An employee's disclosure to government authorities - upper-level managers - or the press that the employer is engaged in unsafe or illegal activities.
ethics
due diligence
closed shop
whistleblowing
25. In the employment context - the demanding of sexual favors in return for job promotions or other benefits - or language or conduct that is so sexually offensive that it creates a hostile working environment.
market-share liability
Totten trust
consignment
sexual harassment
26. A valid contract rendered unenforceable by some statute or law.
unenforceable contract
justiciable controversy
artisan's lien
distributed network
27. 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
usage of trade
negotiation
corporate governance
limited partner
28. A person on the board of directors who does not hold a management position at the corporation.
whistleblowing
outside director
contract
bailment
29. An order granted by a public authority - such as a judge - that authorizes law enforcement personnel to search a particular premise or property.
search warrant
intermediary bank
option contract
felony
30. Authority that is only apparent - not real. In agency law - a person may be deemed to have had the power to act as an agent for another party if the other party's manifestations to a third party led the third party to believe that an agency existed w
operating agreement
apparent authority
preemptive rights
hacker
31. An action in which a court disregards the corporate entity and holds the shareholders personally liable for corporate debts and obligations.
minimum wage
unilateral mistake
right of contribution
piercing the corporate veil
32. The standard of proof used in criminal cases. If there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged - then the verdict must be 'not guilty.'
correspondent bank
beyond a reasonable doubt
joint and several liability
sale
33. As defined by the Uniform Electronic Transactions Act - 'an electronic sound - symbol - or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.'
e-signature
limited partner
SEC Rule 10b-5
deed
34. A significant change in employment status - such as a change brought about by firing or failing to promote an employee - reassigning the employee to a position with significantly different responsibilities - or effecting a significant change in emplo
presentment warranties
unilateral contract
tangible employment action
consignment
35. One to whom goods are entrusted by a bailor.
attachment
mitigation of damages
inside director
bailee
36. Funds contained on computer software - in the form of secure programs stored on microchips and on other computer devices.
incidental damages
digital cash
copyright
forum-selection clause
37. In securities law - a transaction in which a person invests in a common enterprise with the reasonable expectation that profits will be derived primarily from the efforts of others.
universal defenses
investment contract
concurrent conditions
backdating
38. As a noun - a gift of real property by will; as a verb - to make a gift of real property by will.
devise
notary public
negotiable instrument
void contract
39. An oral will (often called a deathbed will ) made before witnesses; usually limited to transfers of personal property.
fiduciary
nuncupative will
vicarious liability
dividend
40. One who entrusts goods to a bailee.
per stirpes
bailor
risk
foreign corporation
41. 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
backdating
plea bargaining
docket
42. Barred - impeded - or precluded.
answer
white-collar crime
estopped
community property
43. In regard to the lease of goods - an agreement in which one person (the lessor) agrees to transfer the right to the possession and use of property to another person (the lessee) in exchange for rental payments.
lease agreement
creditors' composition agreement
private equity capital
promissory estoppel
44. An agreement between a seller and a buyer who frequently do business with each other concerning the terms and conditions that will apply to all subsequently formed electronic contracts.
sexual harassment
condition subsequent
partnering agreement
embezzlement
45. A hybrid form of business enterprise that offers the limited liability of a corporation and the tax advantages of a partnership.
disaffirmance
certificate of limited partnership
holding company
limited liability company (LLC)
46. A contract for the sale of goods under which the ownership of goods is transferred from a seller to a buyer for a price.
sales contract
reply
writ of execution
collecting bank
47. 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.
motion for a new trial
specific performance
requirements contract
gift causa mortis
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
identity theft
estate in property
motion for a new trial
secondary boycott
49. A negotiable instrument that is payable 'to the order of an identified person' or 'to an identified person or order.'
contractual capacity
taking
order instrument
patent
50. The act of refraining from an action that one has a legal right to undertake.
pledge
shrink-wrap agreement
forbearance
accredited investors
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