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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 network that can be used by persons located (distributed) around the country or the globe to share computer files.
indictment
stale check
sale or return
distributed network
2. 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
bona fide occupational qualification (BFOQ)
commercial impracticability
promissory note
exclusive jurisdiction
3. 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
leasehold estate
winding up
service mark
4. A possessory lien given to a person who has made improvements and added value to another person's personal property as security for payment for services performed.
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5. Embezzlement; the misappropriation of funds by a party - such as a corporate officer or public official - in a fiduciary relationship with another.
employment contract
presentment warranties
license
defalcation
6. A check - other than a certified check - that is presented for payment more than six months after its date.
vicarious liability
quota
deed
stale check
7. A Latin term meaning 'beyond the powers'; in corporate law - acts of a corporation that are beyond its express and implied powers to undertake.
ultra vires
attachment
motion for a directed verdict
promisor
8. A court's order - issued prior to a trial to collect a debt - directing the sheriff or other public officer to seize nonexempt property of the debtor. If the creditor prevails at trial - the seized property can be sold to satisfy the judgment.
writ of attachment
unenforceable contract
voir dire
implied warranty of fitness for a particular purpose
9. An equity (ownership) interest in a corporation - measured in units of shares.
stock
liquidated debt
undisclosed principal
insider trading
10. One receiving a license to use another's (the franchisor's) trademark - trade name - or copyright in the sale of goods and services.
expropriation
award
proceeds
franchisee
11. In Chapter 11 bankruptcy proceedings - a debtor who is allowed to continue in possession of the estate in property (the business) and to continue business operations.
principle of rights
executor
cashier's check
debtor in possession (DIP)
12. In criminal procedure - a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth - Fifth - and Sixth Amendments - as well as any evidence derived from illegally obtained evidence -
business necessity
exclusionary rule
close corporation
mediation
13. A state statute under which certain types of contracts must be in writing to be enforceable.
seniority system
restitution
Statute of Frauds
limited liability company (LLC)
14. The document filed with a designated state official by which a limited liability company is formed.
insurable interest
articles of organization
service mark
letter of credit
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.
proxy
piercing the corporate veil
sales contract
junior lienholder
16. A gift made in contemplation of death. If the donor does not die of that ailment - the gift is revoked.
free-writing prospectus
consignment
gift causa mortis
search warrant
17. A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
justiciable controversy
promissory estoppel
domestic corporation
deed
18. A contract that results when an offer can be accepted only by the offeree's performance.
probate
correspondent bank
unilateral contract
private equity capital
19. 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
sale
delegator
tangible employment action
investment company
20. Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
white-collar crime
fungible goods
negotiable instrument
levy
21. An agreement formed between a debtor and his or her creditors in which the creditors agree to accept a lesser sum than that owed by the debtor in full satisfaction of the debt.
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22. A certificate that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
maker
periodic tenancy
stock warrant
e-contract
23. 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.'
domain name
garnishment
e-signature
assignor
24. A person - such as a cosigner on a note - who agrees to be primarily responsible for the debt of another.
surety
motion for a new trial
franchisor
employment discrimination
25. An assertion that something either will or will not happen in the future.
franchise
executed contract
promise
force majeure clause
26. An offeree's response to an offer in which the offeree rejects the original offer and at the same time makes a new offer.
order instrument
counteroffer
leasehold estate
recording statutes
27. In contract law - the fulfillment of one's duties arising under a contract with another; the normal way of discharging one's contractual obligations.
performance
mortgagee
misdemeanor
prima facie case
28. A doctrine under which a party to a contract is relieved of her or his duty to perform when performance becomes objectively impossible or totally impracticable (through no fault of either party).
impossibility of performance
release
duress
limited liability company (LLC)
29. The threshold mental capacity required by law for a party who enters into a contract to be bound by that contract.
shipment contract
contractual capacity
risk management
payee
30. A charge by a grand jury that a named person has committed a crime.
motion for judgment n.o.v.
partnership
indictment
cram-down provision
31. A provision of the Bankruptcy Code that allows a court to confirm a debtor's Chapter 11 reorganization plan even though only one class of creditors has accepted it.
tenancy by the entirety
cram-down provision
security
assignment
32. Evidence that consists of computer-generated or electronically recorded information - including e-mail - voice mail - spreadsheets - word-processing documents - and other data.
mortgagor
preemptive rights
e-evidence
life estate
33. The process of taking private property for public use through the government's power of eminent domain.
docket
ethical reasoning
franchise
condemnation
34. 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
dissolution
mirror image rule
gift causa mortis
rule of four
35. The authority of a court to hear and decide a specific case.
cram-down provision
jurisdiction
intermediary bank
conveyance
36. A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
stock warrant
discovery
condition subsequent
risk management
37. A deed in which the grantor assures (warrants to) the grantee that the grantor has title to the property conveyed in the deed - that there are no encumbrances on the property other than what the grantor has represented - and that the grantee will enj
debtor
mislaid property
warranty deed
penalty
38. A check that is paid by the bank when the checking account on which the check is written contains insufficient funds to cover the check.
question of fact
security agreement
liquidation
overdraft
39. The use of an asset that is not the subject of a loan to collateralize that loan.
cross-collateralization
digital cash
robbery
estate in property
40. In a given state - a corporation that does business in the state without being incorporated therein.
reply
impossibility of performance
foreign corporation
tippee
41. Charging an illegal rate of interest.
cram-down provision
sublease
sole proprietorship
usury
42. A claim made by a defendant in a civil lawsuit against the plaintiff. In effect - the defendant is suing the plaintiff.
concurrent conditions
certified check
counterclaim
adverse possession
43. All costs resulting from a breach of contract - including all reasonable expenses incurred because of the breach.
mortgagor
independent contractor
mailbox rule
incidental damages
44. Shares of stock issued by a corporation for which the corporation receives - as payment - less than the stated value of the shares.
quota
motion for judgment n.o.v.
watered stock
continuation statement
45. One designated in a will to receive a gift of personal property.
legatee
will
stale check
intestacy laws
46. An assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time.
condemnation
co-surety
anticipatory repudiation
impossibility of performance
47. A gift of personal property by will (from the verb to bequeath).
discovery
investment company
bequest
union shop
48. Commonly referred to as a 'green card -' the I-551 Alien Registration Receipt is proof that a foreign-born individual is lawfully admitted for permanent residence in the United States. Persons seeking employment can prove to prospective employers tha
exclusive distributorship
condition
guarantor
I-551 Alien Registration Receipt
49. Failure to observe a promise or discharge an obligation; commonly used to refer to failure to pay a debt when it is due.
default
operating agreement
Totten trust
disparate-impact discrimination
50. 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.
limited liability partnership (LLP)
correspondent bank
insider trading
intellectual property