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Test your basic knowledge |
CLEP Introductory Business Law
Start Test
Study First
Subjects
:
clep
,
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. Legally recognized injury
Section 4 of the Securities Act
Injury-in-fact
Pleadings
Rule 144 of the Securities Act
2. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Uniform Laws
Bilateral investment treaties
Concurrent conflict of interests
Social Security Act
3. An exemption for certain small offerings
Mistake
Demand assurance
Regulation A of the Securities Act
Trademark
4. The property that is the subject of a security interest
Complete or total integration
Appellee or respondent
Collateral
Taking a contract 'out of the Statute of Frauds'
5. When a control makes a profit purchasing and selling her shares within a six-month period
Condition concurrent
'clear and present'
Ordinances
Short swing profits
6. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Section 12 (a)(1) of the Securities Act
Subject matter jurisdiction
Hung jury
Expectation damages (also known as the 'benefit of the bargain')
7. When both parties agree to rescind the contract
Rule 504 of Regulation D of the Securities Act
Mutual rescission
Effect of delegation
Corporate social responsibility
8. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Personal jurisdiction
Sham consideration
Exchange Act Regulations
Consideration
9. Rules of ethics that govern the practice of law and the conduct of lawyers
Legal ethics
Affirmative defenses
Liability based on intentional tort
Price fixing
10. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
Motion of directed verdict or of dismissal
Consideration
Title VII of the Civil Rights Act of 1964
'meeting of the minds'
11. An undertaking or commitment to act or refrain from acting in a specified way in the future. There is a 'promisor' and the 'promisee' - and sometimes a 'beneficiary' (someone else who benefits - but is outside the promise)
'de nuvo'
Utilitarianism
Ordinances
Promise
12. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.
Remand
Duress
Federal circuit court of appeals and the federal court of appeals
Specialized federal courts
13. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Equal Employment Opportunity Commission (EEOC)
Multilateral treaties
Breach
Section 12(a)(2)
14. When there is no bargained-for exchange - because there is no exchange.
Expertised portion
Gift
Voluntarily proceeding
Bureau of Customs and Border Protection
15. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Gramm-Leach-Bliley Act
Donee beneficiary
Equal Pay Act (EPA)
Mutual assent
16. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Restatement (Second) of Contracts
Reporting company
Uniform Laws
Commencing a lawsuit
17. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Demand assurance
Unsecured creditor
Hung jury
Discovery
18. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
Illusory promise
Writ of habeas corpus
Objective standard
Defined benefit plans
19. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
'Infants' or 'minors'
Rules of construction
Private placement
Intended beneficiaries of government contract
20. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Affirmative defenses
Federal Information Act
Effect of delegation
'meeting of the minds'
21. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Strict liability
'due process'
Quasi-contract
Adhesion
22. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Fair Labor Standards Act (FLSA)
Priority of secured transactions
Stare decisis
'Mailbox' rule
23. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Production quotas
Token consideration
Consideration
Adhesion
24. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Intended beneficiaries of government contract
Rules of interpretation of a contract by a court
Equal Credit Opportunity Act
Rules of construction
25. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Assignment of rights
Nonexpertized portions
Adhesion
Verdict
26. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Production quotas
Discharge of contract
Assignor
Lanham Act
27. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.
'Definite and certain'
Equal Pay Act (EPA)
Creditor beneficiary
Fair Credit Reporting Act
28. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
Design defect
Strict liability
Implied terms
Legal ethics
29. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Pretexting
Reliance damages
Quasi-contract
Incidental beneficiary
30. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
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31. Regulates the handling of the pesticides being exported from and imported into the U.S.
Regulation S of the Securities Act
Federal Environmental Pesticide Control Act
Rule 504 of Regulation D of the Securities Act
Liquidated damages clause
32. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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33. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
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34. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Federal Communications Commission
Model Rules of Professional Conduct
Obligor's rights
35. It is the power over the particular parties in a case. (a) The Supreme Court in 'Pennoyer v. Neff' - held that a defendant's physical presence in a state is sufficient for the state to exercise personal jurisdiction. (b) A person can be subject to pe
Export Administration Act (EAA)
Accredited investor
Unjust enrichment
Personal jurisdiction
36. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive dealing agreement
Unilateral rescission
Age Discrimination in Employment Act (ADEA)
Scienter
37. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Process of assignment
Chapter 7 of the Code
Restitution and rescission
Complete or total integration
38. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Title VII of the Civil Rights Act of 1964
Express contract
Personal jurisdiction
Civil Law or Code Law
39. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Demand assurance
Content-neutral restrictions
Who is liable
Penalty
40. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
Collective bargaining
Trademark
Enabling acts
General Agreement on Tariffs and Trades
41. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Negative causation
Statutory Seller
'Blue sky' laws
'Takings'
42. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Excuse of condition
Offer
Consumer protection
Federal Trade Commission
43. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve
When an assignment becomes void
The Social Security Administration
Defenses against liability of misrepresentations or omissions
Companies that are subject to the exchange act (Reporting companies)
44. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Equal Employment Opportunity Commission (EEOC)
Domicile
Substantial performance
Assignment of rights
45. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Uniform Commercial Code ('UCC')
Model Rules of Professional Conduct
Exclusive dealing agreement
Export Administration Act (EAA)
46. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Assignee's rights
Common Law
Scienter
Concurrent conflict of interests
47. Laws designed to ensure that employees who have work-related injuries receive compensation for those injuries without having to engage in litigation. Each state has worker's compensation statute - setting forth a specific level of benefits that emplo
Sham consideration
Personal jurisdiction
Bureau of Consumer Protection
Workers compensation laws
48. When a court believes that a contract is so one-sides and unfair that it would be unconscionable to enforce it. (Two different types are substantive and procedural) A contract becomes voidable
Condition
Unconscionability
General Agreement on Tariffs and Trades
Defenses against liability of misrepresentations or omissions
49. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
Delegation
Specific performance
Affirmative defenses
National Institute for Occupational Health
50. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Liquidated damages clause
Unilateral mistake
Unjust enrichment
Exclusive dealing agreement