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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 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.
deposition
interrogatories
seniority system
testator
2. 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
self-defense
consent
limited partnership
imposter
3. A transfer of funds with the use of an electronic terminal - a telephone - a computer - or magnetic tape.
information return
dishonor
unilateral contract
electronic fund transfer (EFT)
4. Under Article 9 of the UCC - any party who owes payment or performance of a secured obligation - whether or not the party actually owns or has rights in the collateral.
penalty
employment at will
debtor
incidental damages
5. Co-ownership of property in which each party owns an undivided interest that passes to her or his heirs at death.
ultra vires
implied-in-fact contract
click-on agreement
tenancy in common
6. Jurisdiction that exists when a case can be heard only in a particular court or type of court.
exclusive jurisdiction
assignee
promise
bailee
7. The process of proving and validating a will and settling all matters pertaining to an estate.
stored-value card
probate
articles of incorporation
frustration of purpose
8. 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
cost-benefit analysis
voir dire
execution
expropriation
9. 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.
lessee
acceptance
revocation
debtor in possession (DIP)
10. A type of tenancy under which a tenant who - after rightfully being in possession of leased premises - continues (wrongfully) to occupy the property after the lease has terminated. The tenant has no rights to possess the property and occupies it only
ratification
tenancy at sufferance
offeree
litigation
11. A merger of companies in which one company (the parent corporation) owns most of the stock of the other corporation (the subsidiary corporation). A parent-subsidiary merger (short-form merger) can use a simplified procedure when the parent corporatio
parent-subsidiary merger
covenant not to sue
mutual fund
tangible property
12. An agreement between a debtor and a creditor in which the debtor voluntarily agrees to pay - or reaffirm - a debt dischargeable in bankruptcy. To be enforceable - the agreement must be made before the debtor is granted a discharge.
tender of delivery
reaffirmation agreement
stored-value card
undisclosed principal
13. The conduct that occurs under the terms of a particular agreement. Such conduct indicates what the parties to an agreement intended it to mean.
quitclaim deed
sovereign immunity
self-incrimination
course of performance
14. The legally recognized privilege to protect oneself or one's property against injury by another. The privilege of self-defense usually applies only to acts that are reasonably necessary to protect oneself - one's property - or another person.
execution
self-defense
affirmative action
implied warranty of habitability
15. In corporate law - a written agreement between a stockholder and another party in which the stockholder authorizes the other party to vote the stockholder's shares in a certain manner.
course of dealing
purchase-money security interest (PMSI)
proxy
browse-wrap terms
16. 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
apparent authority
fixed-term tenancy
offeree
mislaid property
17. A partnership consisting of one or more general partners (who manage the business and are liable to the full extent of their personal assets for debts of the partnership) and one or more limited partners (who contribute only assets and are liable onl
limited partnership
fee simple
summons
condition precedent
18. A certificate issued by a corporation evidencing the ownership of a specified number of shares in the corporation.
employment at will
stock certificate
apparent authority
necessaries
19. The seizure by a government of a privately owned business or personal property for a proper public purpose and with just compensation.
expropriation
holder
hacker
bylaws
20. An order by a bank customer to his or her bank not to pay or certify a certain check.
business judgment rule
offeree
trade dress
stop-payment order
21. The list of cases entered on a court's calendar and thus scheduled to be heard by the court.
franchisor
lease
docket
security agreement
22. The principle that the holder of a negotiable instrument who cannot qualify as a holder in due course (HDC) - but who derives his or her title through an HDC - acquires the rights of an HDC.
shelter principle
sale or return
moral minimum
online dispute resolution (ODR)
23. 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
constructive eviction
obligee
utilitarianism
attachment
24. A contract that results when the elements necessary for contract formation (agreement - consideration - legal purpose - and contractual capacity) are present.
stock
offer
valid contract
exclusionary rule
25. Reasonable grounds for believing that a person should be arrested or searched.
probable cause
express warranty
collateral promise
act of state doctrine
26. In contract law - the fulfillment of one's duties arising under a contract with another; the normal way of discharging one's contractual obligations.
bailee
condition subsequent
performance
mechanic's lien
27. A distinctive mark - motto - device - or emblem that a manufacturer stamps - prints - or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the
foreign exchange market
trademark
tippee
motion for judgment n.o.v.
28. 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.
investment company
check
unconscionable contract or clause
holder in due course (HDC)
29. Knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive.
scienter
frustration of purpose
pledge
identification
30. The formal disbanding of a partnership or a corporation. It can take place by (1) acts of the partners or - in a corporation - acts of the shareholders and board of directors; (2) the subsequent illegality of the firm's business; (3) the expiration o
incidental beneficiary
dissolution
traveler's check
underwriter
31. 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.
course of performance
dumping
shrink-wrap agreement
fixed-term tenancy
32. A contract in which the terms of the agreement are stated in words - oral or written.
fixed-term tenancy
cybersquatting
negotiation
express contract
33. Goods that are alike by physical nature - by agreement - or by trade usage (for example - wheat - oil - and wine that are identical in type and quality). When owners of fungible goods hold the goods as tenants in common - title and risk can pass with
replevin
concurrent ownership
tangible employment action
fungible goods
34. The corporation to be acquired in a corporate takeover; a corporation whose shareholders receive a tender offer.
target corporation
writ of execution
justiciable controversy
contractual capacity
35. The lowest wage - either by government regulation or union contract - that an employer may pay an hourly worker.
seniority system
minimum wage
close corporation
general partner
36. A common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed.
mirror image rule
good faith purchaser
installment contract
crime
37. The joint ownership of property by a husband and wife. Neither party can transfer her or his interest in the property without the consent of the other.
tenancy by the entirety
integrated contract
hacker
due diligence
38. A lesser crime than a felony - punishable by a fine or incarceration in jail for up to one year.
misdemeanor
negotiable instrument
parent-subsidiary merger
stop-payment order
39. A written promise made by one person (the maker) to pay a fixed amount of money to another person (the payee or a subsequent holder) on demand or on a specified date.
preferred stock
promissory note
eviction
valid contract
40. A document prepared by a secured creditor and filed with the appropriate state or local official - to give notice to the public that the creditor has a security interest in collateral belonging to the debtor named in the statement. Financing statemen
confusion
covenant not to compete
watered stock
financing statement
41. The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case - subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a
plea bargaining
forum-selection clause
reformation
lost property
42. A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).
stored-value card
shelter principle
agency
franchisee
43. Any interest in personal property or fixtures that secures payment or performance of an obligation.
writ of attachment
security interest
ultra vires
counterclaim
44. 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
long arm statute
tariff
normal trade relations (NTR) status
summary jury trial (SJT)
45. A distributorship in which the seller and the distributor of the seller's products agree that the distributor will distribute only the seller's products.
insider trading
order instrument
exclusive distributorship
testamentary trust
46. A warranty that arises by law because of the circumstances of a sale - rather than by the seller's express promise.
blue sky laws
private equity capital
implied warranty
bond indenture
47. The right of a dissenting shareholder - who objects to an extraordinary transaction of the corporation (such as a merger or a consolidation) - to have his or her shares appraised and to be paid the fair value of those shares by the corporation.
union shop
appraisal right
check
presentment
48. A statutory lien on the real property of another - created to ensure payment for work performed and materials furnished in the repair or improvement of real property - such as a building.
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49. Within a specified time period or - if no period is specified - within a reasonable time.
seasonably
dividend
malpractice
cybersquatting
50. Private equity capital is a financing method by which a company sells equity in an existing business to a private or institutional investor.
private equity capital
promise
holder
sublease