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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 written document - which is usually notarized - authorizing another to act as one's agent; can be special (permitting the agent to do specified acts only) or general (permitting the agent to transact all business for the principal).
power of attorney
bylaws
executor
concurrent conditions
2. An equitable remedy requiring exactly the performance that was specified; usually granted only when monetary damages would be an inadequate remedy and the subject matter of the contract is unique.
check
specific performance
embezzlement
mortgagee
3. 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.
identification
actus reus
necessaries
motion for judgment n.o.v.
4. In partnership law - a doctrine under which a plaintiff may sue - and collect a judgment from - all of the partners together (jointly) or one or more of the partners separately (severally - or individually). This is true even if one of the partners s
unreasonably dangerous product
joint and several liability
mailbox rule
intestacy laws
5. A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
motion for judgment on the pleadings
scienter
default judgment
expropriation
6. A condition in a contract that - if not fulfilled - operates to terminate a party's absolute promise to perform.
condition subsequent
concurrent conditions
assignee
market-share liability
7. A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.
business necessity
disparate-treatment discrimination
defalcation
objective theory of contracts
8. A court's order - issued after a judgment has been entered against a debtor - directing the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment - accrued
writ of execution
dumping
entrapment
click-on agreement
9. An order by a bank customer to his or her bank not to pay or certify a certain check.
plea bargaining
cybersquatting
answer
stop-payment order
10. A doctrine under which a party may be excused from performing a contract when (1) a contingency occurs - (2) the contingency's occurrence makes performance impracticable - and (3) the nonoccurrence of the contingency was a basic assumption on which t
tenancy in common
insolvent
question of fact
commercial impracticability
11. A person - such as a cosigner on a note - who agrees to be primarily responsible for the debt of another.
principle of rights
litigation
surety
promisee
12. Shares of ownership in a corporation that give the owner of the stock a proportionate interest in the corporation with regard to control - earnings - and net assets. Shares of common stock are lowest in priority with respect to payment of dividends a
embezzlement
self-defense
deficiency judgment
common stock
13. A transaction in which an owner of goods (the consignor) delivers the goods to another (the consignee) for the consignee to sell. The consignee pays the consignor only for the goods that are sold by the consignee.
disparate-treatment discrimination
legacy
sale on approval
consignment
14. A type of tenancy under which property is leased for a specified period of time - such as a month - a year - or a period of years; also called a tenancy for years.
firm offer
independent contractor
investment contract
fixed-term tenancy
15. An agreement in which a seller agrees to sell and a buyer agrees to buy all or up to a stated amount of what the seller produces.
check
output contract
junior lienholder
gift inter vivos
16. The bank on which a check is drawn (the drawee bank).
payor bank
financing statement
leasehold estate
usage of trade
17. A legally recognized authority that can certify the validity of digital signatures.
accession
cybernotary
tender offer
burglary
18. The creation of an absolute or unconditional right or power.
power of attorney
sales contract
vesting
international organization
19. A prediction concerning potential loss based on known and unknown factors.
writ of execution
limited liability limited partnership (LLLP)
vesting
risk
20. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
incidental damages
accord and satisfaction
preferred creditor
certificate of limited partnership
21. 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.
certification mark
void contract
parent-subsidiary merger
valid contract
22. A transfer of funds with the use of an electronic terminal - a telephone - a computer - or magnetic tape.
gift causa mortis
confusion
bilateral mistake
electronic fund transfer (EFT)
23. A document by which title to property (usually real property) is passed.
deed
impossibility of performance
writ of certiorari
franchisee
24. 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.
e-evidence
arbitration
usage of trade
copyright
25. A company whose business activity is holding shares in another company.
domain name
merger
holding company
articles of incorporation
26. Under Article 2A of the UCC - a transfer of the right to possess and use goods for a period of time in exchange for payment.
market-share liability
output contract
constructive delivery
lease
27. 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.
impossibility of performance
bilateral contract
blue sky laws
appraisal right
28. 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
disparate-treatment discrimination
unreasonably dangerous product
acceleration clause
attachment
29. 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.
red herring prospectus
crime
requirements contract
dominion
30. A distribution to corporate shareholders of corporate profits or income - disbursed in proportion to the number of shares held.
red herring prospectus
dividend
service mark
debtor
31. A crime committed on the Internet.
frustration of purpose
cyber crime
commingle
default judgment
32. A person who acquires the right to the possession and use of another's goods in exchange for rental payments.
motion for a new trial
lessee
partnership
presentment
33. 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.
choice-of-language clause
felony
abandoned property
intended beneficiary
34. 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
fixture
malpractice
suretyship
felony
35. 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.'
bailee
beyond a reasonable doubt
lease agreement
choice-of-language clause
36. A worldwide system in which foreign currencies are bought and sold.
foreign exchange market
interrogatories
securities
e-contract
37. A party who transfers (delegates) her or his obligations under a contract to another party (called the delegatee).
deposition
constructive trust
national law
delegator
38. State statutes establishing an administrative procedure for compensating workers' injuries that arise out of
39. 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.
replevin
workout
certificate of deposit (CD)
will
40. The act of transferring to another all or part of one's duties arising under a contract.
delegation of duties
consolidation
negotiable instrument
smart card
41. A promise or commitment to perform or refrain from performing some specified act in the future.
offer
force majeure clause
administrator
international organization
42. The right of a party who tenders nonconforming performance to correct that performance within the contract period [UCC 2-508(1)].
prima facie case
check
cure
tender offer
43. 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
foreign corporation
computer crime
preemptive rights
nonpossessory interest
44. Ethics in a business context; a consensus as to what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting.
levy
business ethics
homestead exemption
cure
45. A series of written questions for which written answers are prepared by a party to a lawsuit - usually with the assistance of the party's attorney - and then signed under oath.
interrogatories
motion for judgment n.o.v.
discharge
piercing the corporate veil
46. Unlawful pressure brought to bear on a person - causing the person to perform an act that she or he would not otherwise perform.
justiciable controversy
duress
presentment warranties
e-money
47. A valid contract rendered unenforceable by some statute or law.
unenforceable contract
executory contract
short-form merger
dissociation
48. An action to recover identified goods in the hands of a party who is wrongfully withholding them from the other party. Under the UCC - this remedy is usually available only if the buyer or lessee is unable to cover.
replevin
choice-of-language clause
bond
community property
49. A suit brought by a shareholder to enforce a corporate cause of action against a third person.
50. In insurance law - the price paid by the insured for insurance protection for a specified period of time.
penalty
service mark
promisee
premium