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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. An offer (by a merchant) that is irrevocable without the necessity of consideration for a stated period of time or - if no definite period is stated - for a reasonable time (neither period to exceed three months). A firm offer by a merchant must be i
risk management
mortgagor
firm offer
respondeat superior
2. 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.
workout
promissory estoppel
bylaws
payee
3. The sharing of resources (such as files - hard drives - and processing styles) among multiple computers without necessarily requiring a central network server.
generally accepted accounting principles (GAAP)
peer-to-peer (P2P) networking
anticipatory repudiation
general partner
4. Under the UCC - a remedy that allows the buyer or lessee - on the seller's or lessor's breach - to purchase goods from another seller or lessor and substitute them for the goods due under the contract. If the cost of cover exceeds the cost of the con
profit
bankruptcy court
cover
sale or return
5. A trust in which the property held by the trustee must be used for a charitable purpose - such as the advancement of health - education - or religion.
charitable trust
special warranty deed
tenancy at sufferance
summons
6. A contract that by law requires a specific form - such as being executed under seal - for its validity.
answer
testator
formal contract
perfection
7. A company that acts on behalf of many smaller shareholders/owners by buying a large portfolio of securities and professionally managing that portfolio.
promissory estoppel
creditors' composition agreement
investment company
mitigation of damages
8. An encumbrance on a property to satisfy a debt or protect a claim for payment of a debt.
lien
will
conforming goods
liquidated debt
9. A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
constructive discharge
rule of four
covenant not to compete
bona fide occupational qualification (BFOQ)
10. The legal right of a person to be restored - repaid - or indemnified for costs - expenses - or losses incurred or expended on behalf of another.
right of reimbursement
contractual capacity
extension clause
certification mark
11. Ownership rights in property - including the right to possess and control the property.
brief
winding up
dominion
pass-through entity
12. A form of eviction that occurs when a landlord fails to perform adequately any of the duties (such as providing heat in the winter) required by the lease - thereby making the tenant's further use and enjoyment of the property exceedingly difficult or
constructive eviction
generally accepted accounting principles (GAAP)
fungible goods
probable cause
13. A written supplement or modification to a will. A codicil must be executed with the same formalities as a will.
white-collar crime
codicil
exclusive distributorship
reply
14. A gift of personal property under a will.
robbery
legacy
intended beneficiary
browse-wrap terms
15. Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.
motion to dismiss
trade secret
blue laws
affirmative action
16. A person who acquires the right to the possession and use of another's goods in exchange for rental payments.
after-acquired property
cram-down provision
certificate of limited partnership
lessee
17. Embezzlement; the misappropriation of funds by a party - such as a corporate officer or public official - in a fiduciary relationship with another.
franchisor
closed shop
international law
defalcation
18. A hybrid form of business organization that is used mainly by professionals who normally do business in a partnership. Like a partnership - an LLP is a pass-through entity for tax purposes - but the personal liability of the partners is limited.
hot-cargo agreement
preemptive rights
limited liability partnership (LLP)
letter of credit
19. A clause that releases a contractual party from liability in the event of monetary or physical injury - no matter who is at fault.
exculpatory clause
motion for summary judgment
per stirpes
principle of rights
20. 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
executory contract
SEC Rule 10b-5
will substitutes
hacker
21. An action to carry into effect the directions in a court decree or judgment.
employment at will
execution
diversity of citizenship
obligee
22. 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).
holder
eviction
document of title
distributed network
23. An equity (ownership) interest in a corporation - measured in units of shares.
domain name
stock
reformation
gift inter vivos
24. A government official who performs certain administrative tasks that a bankruptcy judge would otherwise have to perform.
mislaid property
diversity of citizenship
depositary bank
U.S. trustee
25. Generally - the value given in return for a promise; involves two elements
dominion
debtor in possession (DIP)
sublease
consideration
26. 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.
exclusive distributorship
digital cash
implied warranty
discharge
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
joint and several liability
limited partner
consent
merger
28. 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.
security
arbitration
output contract
computer crime
29. An approach to ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it - rather than on the basis of any absolute ethical or moral values. In utilitarian reasoning - a 'good' decisi
exculpatory clause
joint tenancy
utilitarianism
motion for judgment on the pleadings
30. Information or processes that give a business an advantage over competitors that do not know the information or processes.
I-9 verification
devise
trade secret
stale check
31. Property that cannot be seen or touched but exists only conceptually - such as corporate stocks and bonds - patents and copyrights - and ordinary contract rights. Article 2 of the UCC does not govern intangible property.
U.S. trustee
franchisee
intangible property
notary public
32. Defenses that can be used to avoid payment to an ordinary holder of a negotiable instrument but not a holder in due course (HDC) or a holder with the rights of an HDC.
personal defenses
incidental damages
domestic corporation
free-writing prospectus
33. In a given state - a corporation that does business in - and is organized under the law of - that state.
member
prima facie case
domestic corporation
arson
34. A claim made by a defendant in a civil lawsuit against the plaintiff. In effect - the defendant is suing the plaintiff.
consequential damages
diversity of citizenship
insider trading
counterclaim
35. One who works for - and receives payment from - an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but may be an agent.
outside director
secured party
independent contractor
service mark
36. One who owes an obligation to another.
obligor
award
assignor
constructive eviction
37. State statutes that specify how property will be distributed when a person dies intestate (without a valid will); also called statutes of descent and distribution.
sales contract
intestacy laws
bilateral contract
stock warrant
38. 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
codicil
ratification
mislaid property
trademark
39. 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.
malpractice
fee simple absolute
special warranty deed
general partner
40. An express contract in which a third party to a debtor-creditor relationship (the surety) promises to be primarily responsible for the debtor's obligation.
bilateral contract
SEC Rule 10b-5
tangible property
suretyship
41. A term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill. Trade names are protected under the common law (and under trademark law - if the name is the same as the firm's t
trade name
transfer warranties
cyberterrorist
corporate governance
42. 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.
negotiation
e-money
backdating
shelter principle
43. 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
draft
proceeds
course of dealing
44. An offeree's response to an offer in which the offeree rejects the original offer and at the same time makes a new offer.
usury
counteroffer
tenancy in common
negotiation
45. A type of limited liability partnership owned by family members or fiduciaries of family members.
family limited liability partnership (FLLP)
S corporation
smart card
codicil
46. 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).
security interest
power of attorney
click-on agreement
operating agreement
47. A person in possession of an instrument payable to bearer or indorsed in blank.
workers' compensation laws
unilateral mistake
bearer
assignor
48. An equitable trust that is imposed in the interests of fairness and justice when someone wrongfully holds legal title to property. A court may require the owner to hold the property in trust for the person or persons who should rightfully own the pro
entrustment rule
constructive trust
insurable interest
fee simple
49. The taking of private property by the government for public use. The government may not take private property for public use without 'just compensation.'
seniority system
taking
unreasonably dangerous product
express contract
50. In litigation - the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution - the decision rendered by an arbitrator.
motion for judgment on the pleadings
holder in due course (HDC)
award
apparent authority