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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. Mental state - or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus - for murder - the mens rea is the intent to take a lif
devisee
mens rea
smart card
alien corporation
2. 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.
workout
debtor in possession (DIP)
bona fide occupational qualification (BFOQ)
alienation
3. The lowest wage - either by government regulation or union contract - that an employer may pay an hourly worker.
universal defenses
minimum wage
easement
preferred creditor
4. An act that takes place before the contract is made and that ordinarily - by itself - cannot be consideration for a later promise to pay for the act.
devisee
past consideration
certified check
obligee
5. Under a mortgage agreement - the debtor who gives the creditor a security interest in the debtor's property in return for a mortgage loan.
mortgagor
maker
cybernotary
operating agreement
6. 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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7. Joint ownership.
implied warranty of fitness for a particular purpose
periodic tenancy
watered stock
concurrent ownership
8. A person appointed by a testator in a will to see that her or his will is administered appropriately.
stock warrant
seniority system
bailor
executor
9. 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
stop-payment order
defalcation
investment contract
10. A meeting of two or more minds in regard to the terms of a contract; usually broken down into two events
winding up
agreement
estate in property
deed
11. In real property law - the right to enter onto and remove things from the property of another (for example - the right to enter onto a person's land and remove sand and gravel).
profit
motion to dismiss
attachment
malpractice
12. In international law - a formal written agreement negotiated between two nations or among several nations. In the United States - all treaties must be approved by the Senate.
treaty
pleadings
pass-through entity
voir dire
13. An order granted by a public authority - such as a judge - that authorizes law enforcement personnel to search a particular premise or property.
executor
deficiency judgment
pass-through entity
search warrant
14. A certificate that grants the owner the option to buy a given number of shares of stock - usually within a set time period.
holder
cure
prenuptial agreement
stock warrant
15. A person to whom an offer is made.
choice-of-language clause
disparate-treatment discrimination
offeree
exclusive jurisdiction
16. 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.
implied-in-fact contract
e-evidence
dissolution
collective mark
17. The severance of the relationship between a partner and a partnership when the partner ceases to be associated with the carrying on of the partnership business.
dissociation
indorsement
negotiation
confusion
18. A promise or commitment to perform or refrain from performing some specified act in the future.
probate court
wrongful discharge
offer
warranty deed
19. A process in which parties attempt to settle their dispute informally - with or without attorneys to represent them. In the context of negotiable instruments - the transfer of an instrument in such form that the transferee (the person to whom the ins
close corporation
principle of rights
negotiation
I-551 Alien Registration Receipt
20. The acquisition of control over a corporation through the purchase of a substantial number of the voting shares of the corporation.
defalcation
takeover
stock options
plea bargaining
21. 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
will substitutes
executor
dissolution
generally accepted accounting principles (GAAP)
22. 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.
security interest
liquidated debt
cross-collateralization
constructive trust
23. In regard to the lease of goods - an agreement in which one person (the lessor) agrees to transfer the right to the possession and use of property to another person (the lessee) in exchange for rental payments.
national law
private equity capital
lease agreement
counterclaim
24. A firm that requires all workers - once employed - to become union members within a specified period of time as a condition of their continued employment.
right of contribution
hot-cargo agreement
ethics
union shop
25. A person who acquires the right to the possession and use of another's goods in exchange for rental payments.
counterclaim
creditors' composition agreement
lessee
intestacy laws
26. A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services.
predominant-factor test
clearinghouse
limited partner
malpractice
27. An agreement by two or more persons to carry on - as co-owners - a business for profit.
partnership
offer
destination contract
cure
28. A hacker whose purpose is to exploit a target computer for a serious impact - such as corrupting a program to sabotage a business.
cyberterrorist
inside director
electronic fund transfer (EFT)
penalty
29. 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
shelter principle
voir dire
act of state doctrine
notary public
30. To put funds or goods together into one mass so that they are so mixed that they no longer have separate identities. In corporate law - if personal and corporate interests are commingled to the extent that the corporation has no separate identity - a
operating agreement
duress
commingle
taking
31. The idea that corporations can and should act ethically and be accountable to society for their actions.
pass-through entity
corporate social responsibility
implied warranty of fitness for a particular purpose
offeror
32. Under the Uniform Commercial Code Section 2-403(2) - a rule stating that if goods are entrusted to a merchant who deals in goods of that kind - the merchant has the power to transfer those goods and all rights to them to a buyer in the ordinary cours
drawee
binder
right-to-work law
entrustment rule
33. A common law security device (retained in Article 9 of the UCC) in which personal property is transferred into the possession of the creditor as security for the payment of a debt and retained by the creditor until the debt is paid.
liquidation
exculpatory clause
lessor
pledge
34. Damages awarded to compensate for reasonable expenses that are directly incurred because of a breach of contract
incidental damages
concurrent ownership
accord and satisfaction
necessaries
35. Property with which the owner has voluntarily parted and then cannot find or recover.
condition
piercing the corporate veil
mislaid property
usury
36. An agreement between a seller and a buyer who frequently do business with each other concerning the terms and conditions that will apply to all subsequently formed electronic contracts.
partnering agreement
family limited liability partnership (FLLP)
constructive eviction
agency
37. In the context of securities offerings - 'sophisticated' investors - such as banks - insurance companies - investment companies - the issuer's executive officers and directors - and persons whose income or net worth exceeds certain limits.
lien
accredited investors
drawee
tender offer
38. A revocable right or privilege of a person to come onto another person's land. In the context of intellectual property law - an agreement permitting the use of a trademark - copyright - patent - or trade secret for certain limited purposes.
license
proceeds
transfer warranties
suretyship
39. In contract law - a voluntary act by the offeree that shows assent - or agreement - to the terms of an offer; may consist of words or conduct. In negotiable instruments law - the drawee's signed agreement to pay a draft when it is presented.
concurrent jurisdiction
acceptance
intellectual property
quorum
40. All employers must verify the employment eligibility and identity of any worker hired in the United States. To comply with the law - employers must complete an I-9 Employment Eligibility Verification Form for all new hires within three business days.
I-9 verification
formal contract
rule of four
insolvent
41. An offer to purchase made by one company directly to the shareholders of another (target) company; sometimes referred to as a takeover bid.
Statute of Frauds
tender offer
distribution agreement
letter of credit
42. A gift made during one's lifetime and not in contemplation of imminent death - in contrast to a gift causa mortis.
gift inter vivos
cybersquatting
consideration
proceeds
43. A principal whose identity is known to a third party at the time the agent makes a contract with the third party.
exclusionary rule
stock
seasonably
disclosed principal
44. 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.
covenant not to sue
sole proprietorship
universal defenses
pass-through entity
45. The party that initiates a draft (such as a check) - thereby ordering the drawee to pay.
estate in property
installment contract
check
drawer
46. A contractual and statutory process in which two or more corporations join to become a completely new corporation. The original corporations cease to exist - and the new corporation acquires all their assets and liabilities.
pledge
arbitration clause
consolidation
unilateral mistake
47. Under the UCC - 'any symbol executed or adopted by a party with a present intention to authenticate a writing.'
franchisee
e-signature
offeror
signature
48. 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.
e-agent
duress
mens rea
purchase-money security interest (PMSI)
49. A prediction concerning potential loss based on known and unknown factors.
mortgagee
after-acquired property
leasehold estate
risk
50. A person who transfers the right to the possession and use of goods to another in exchange for rental payments.
per capita
due diligence
prima facie case
lessor