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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. A corporation whose shareholders are limited to a small group of persons - often including only family members.
brief
real property
market-share liability
close corporation
2. A firm that requires union membership by its workers as a condition of employment. The closed shop was made illegal by the Labor-Management Relations Act of 1947.
respondeat superior
surety
closed shop
free-writing prospectus
3. In the context of bankruptcy - a creditor who has received a preferential transfer from a debtor.
identification
junior lienholder
preferred creditor
utilitarianism
4. 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
restitution
premium
payee
browse-wrap terms
5. Generally - the value given in return for a promise; involves two elements
security agreement
consideration
agreement
constructive discharge
6. 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
constructive discharge
limited partnership
sale
bailee
7. The taking of private property by the government for public use. The government may not take private property for public use without 'just compensation.'
taking
embezzlement
lien
gift inter vivos
8. 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
cost-benefit analysis
voir dire
prima facie case
trademark
9. Embezzlement; the misappropriation of funds by a party - such as a corporate officer or public official - in a fiduciary relationship with another.
nuncupative will
restitution
question of law
defalcation
10. An encumbrance on a property to satisfy a debt or protect a claim for payment of a debt.
concurrent ownership
insider trading
lien
deposition
11. A written instrument - usually issued by a bank on behalf of a customer or other person - in which the issuer promises to honor drafts or other demands for payment by third persons in accordance with the terms of the instrument.
answer
letter of credit
insurable interest
presentment warranties
12. Charging an illegal rate of interest.
hacker
preference
usury
delegator
13. An act equivalent to the actual - physical delivery of property that cannot be physically delivered because of difficulty or impossibility. For example - the transfer of a key to a safe constructively delivers the contents of the safe.
distributed network
counteroffer
sale or return
constructive delivery
14. A person who acquires the right to the possession and use of another's goods in exchange for rental payments.
reaffirmation agreement
lessee
tenancy by the entirety
small claims court
15. 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
writ of execution
international organization
discharge
SEC Rule 10b-5
16. The act of transferring to another all or part of one's rights arising under a contract.
per stirpes
assignment
smart card
blue laws
17. A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.
personal defenses
forgery
sovereign immunity
cover
18. In regard to the sale or lease of goods - a property interest in the goods that is sufficiently substantial to permit a party to insure against damage to the goods. In the context of insurance - an interest either in a person's life or well-being tha
bilateral contract
counterclaim
insurable interest
easement
19. A deed intended to pass any title - interest - or claim that the grantor may have in the property without warranting that such title is valid. A quitclaim deed offers the least amount of protection against defects in the title.
quitclaim deed
disparate-treatment discrimination
felony
record
20. The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation - mediation - and arbitration are forms of ADR.
power of attorney
alternative dispute resolution (ADR)
duress
tender offer
21. The threshold mental capacity required by law for a party who enters into a contract to be bound by that contract.
trade dress
e-signature
testate
contractual capacity
22. The simplest form of business organization - in which the owner is the business. The owner reports business income on his or her personal income tax return and is legally responsible for all debts and obligations incurred by the business.
consolidation
whistleblowing
course of performance
sole proprietorship
23. A valid contract rendered unenforceable by some statute or law.
brief
white-collar crime
debtor
unenforceable contract
24. 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.
retained earnings
cram-down provision
imposter
necessaries
25. 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.
exculpatory clause
e-agent
promise
e-contract
26. A mark used by members of a cooperative - association - union - or other organization to certify the region - materials - mode of manufacture - quality - or other characteristic of specific goods or services.
collective mark
self-incrimination
collecting bank
litigation
27. Any bank to which an item is transferred in the course of collection - except the depositary or payor bank.
intermediary bank
award
implied warranty of habitability
generally accepted auditing standards (GAAS)
28. In insurance law - the price paid by the insured for insurance protection for a specified period of time.
imposter
premium
usage of trade
impossibility of performance
29. A written supplement or modification to a will. A codicil must be executed with the same formalities as a will.
online dispute resolution (ODR)
codicil
cyber crime
closed shop
30. A set limit on the amount of goods that can be imported.
comity
cover
quota
default judgment
31. Statements made by the plaintiff and the defendant in a lawsuit that detail the facts - charges - and defenses involved in the litigation. The complaint and answer are part of the pleadings.
short-form merger
pleadings
stale check
after-acquired property
32. Classes of stock that have priority over common stock as to both payment of dividends and distribution of assets on the corporation's dissolution.
preferred stock
life estate
voir dire
express warranty
33. A payee on a negotiable instrument whom the maker or drawer does not intend to have an interest in the instrument. Indorsements by fictitious payees are treated as authorized indorsements under Article 3 of the UCC.
union shop
fictitious payee
S corporation
leasehold estate
34. A contractual clause that states that a certain amount of monetary damages will be paid in the event of a future default or breach of contract. The damages are a punishment for a default and not a measure of compensation for the contract's breach. Th
tender of delivery
right of reimbursement
appraisal right
penalty
35. A debt for which the amount has been ascertained - fixed - agreed on - settled - or exactly determined. If the amount of the debt is in dispute - the debt is considered unliquidated.
identification
liquidated debt
bearer
assignment
36. 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.
sole proprietorship
promisor
business ethics
workout
37. Prior conduct between the parties to a contract that establishes a common basis for their understanding.
course of dealing
informal contract
cashier's check
frustration of purpose
38. An agreement that arises when a buyer - engaging in a transaction on a computer - indicates assent to be bound by the terms of an offer by clicking on a button that says - for example - 'I agree'; sometimes referred to as a click-on license or a clic
distribution agreement
click-on agreement
assignee
creditors' composition agreement
39. One for whose benefit a promise is made in a contract but who is not a party to the contract.
Statute of Frauds
exclusive distributorship
limited liability partnership (LLP)
third party beneficiary
40. A contract that has not as yet been fully performed.
merchant
self-incrimination
executory contract
liquidated debt
41. An ownership interest in land in which the owner has the greatest possible aggregation of rights - privileges - and power. Ownership in fee simple absolute is limited absolutely to a person and her or his heirs.
fee simple absolute
contractual capacity
license
certificate of deposit (CD)
42. A form of employment discrimination that results from certain employer practices or procedures that - although not discriminatory on their face - have a discriminatory effect.
distributed network
probate
disparate-impact discrimination
fixed-term tenancy
43. 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.
petty offense
agency
exclusive distributorship
reformation
44. Under Article III - Section 2 - of the U.S. Constitution - a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states - (2) a foreign country and citizens of a state or of different states - or (3) citizen
presentment
nominal damages
tenancy by the entirety
diversity of citizenship
45. The act of registering a domain name that is the same as - or confusingly similar to - the trademark of another and then offering to sell that domain name back to the trademark owner.
discovery
cybersquatting
after-acquired property
offer
46. An agreement by two or more persons to carry on - as co-owners - a business for profit.
partnership
mortgage
reaffirmation agreement
franchise
47. The act of forcefully and unlawfully taking personal property of any value from another. Force or intimidation is usually necessary for an act of theft to be considered robbery.
robbery
contractual capacity
covenant not to sue
bankruptcy court
48. A person to whom an instrument is made payable.
express warranty
eviction
payee
option contract
49. 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
unreasonably dangerous product
accord and satisfaction
investment company
larceny
50. The party that is ordered to pay a draft or check. With a check - a bank or a financial institution is always the drawee.
acceptance
secured transaction
petition in bankruptcy
drawee