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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. A promise that is inferred from a person's conduct or the circumstances of the transaction
Section 12 (a)(1) of the Securities Act
Pension Benefit Guaranty Corporation (PBGC)
Termination of an invitation to make an offer
Implied contract
2. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Collective bargaining
Undue influence
Intended beneficiary
Charitable contributions
3. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Rules of construction
Demurrer
Gratuitous assignment
Writ of certiorari
4. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Negative causation
Section 12(a)(2)
Legal ethics
Price fixing
5. 1) By lapse of time: When an 'invitation to make an offer' is made but not accepted - the offer will terminate once a reasonable period of time has passed (whether agreed upon time or not) 2) Death of the offeror 3) If the offeror proves to be mental
Other constituency statutes
Termination of an invitation to make an offer
Employment discrimination
Uniform Commercial Code ('UCC')
6. The property that is the subject of a security interest
Collateral
National Labor Relations Act
Section 4 of the Securities Act
Duties that cannot be delegated
7. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Lien
Parol Evidence Rule
Mistake
Legal ethics
8. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Levels of courts
Section 4 of the Securities Act
Foreign Corrupt Practices Act
'Takings'
9. Law that addresses crimes and punishment of crimes - and regulates individual actions so that they follow the socially accepted behavior. Criminal laws represent crimes against society/state.
Production quotas
Criminal Law
Bureau of Consumer Protection
Obligor's rights
10. 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
Rules of construction
Title VII of the Civil Rights Act of 1964
Securities and Exchange Commission
Substitutes of consideration
11. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Prosecution
Trust
Collective bargaining
Materiality
12. An exemption for certain small offerings
Post-trial motions
Regulation A of the Securities Act
'Blue sky' laws
Exclusive dealing agreement
13. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
Environmental Protection Agency
Bargained-for-exchange
Bilateral treaties
Substitutes of consideration
14. The obligor does not need to provide consent - but does need to be given notice.
Federal Trade Commission (FTC)
Vesting of beneficiary's rights
Process of assignment
Expertised portion
15. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Changed circumstances that allow a party to be excused from performance under the contract
Bilateral investment treaties
Security interest
Section 7A of the Clayton Act
16. The principle used by courts when both parties are equally guilty of illegality - or when the party seeking restitution is more at fault than the other party
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17. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
'clear and present'
Bargained-for-exchange
Per se
Environmental Protection Agency (EPA)
18. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Environmental Protection Agency (EPA)
Standing
Securities Act Registration
Clayton Act
19. It represents notice that a lawsuit has been filed against the defendant
Tender offers
Summons
Unilateral rescission
Rational basis test
20. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Limited jurisdiction
Rule 144 of the Securities Act
Reliance
Unconscionability
21. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
Retraction
Federal Communications Commission
Motion for a more definitive statement
Unemployment compensation laws
22. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
General jurisdiction
Accord
Condition concurrent
Suspect classification
23. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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24. 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.
Revocability
Product liability
Substitutes of consideration
Motion of directed verdict or of dismissal
25. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Section 701 of the Securities Act
Charitable contributions
Pension Benefit Guaranty Corporation (PBGC)
Misstatement or omission
26. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Implied contracts
Procedural unconscionability
Assignee
Fair Credit Reporting Act
27. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Intended beneficiaries of government contract
Oral argument
Remand
Section 10(b) and Rule 10b-5 of the Exchange Act
28. The test of government regulations - of whether it is rationally related to a legitimate government interests. All classifications are subject to a rational basis test.
Discharge of contract
Other constituency statutes
Rational basis test
Equal Credit Opportunity Act
29. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Civil Law or Code Law
Rule 504 of Regulation D of the Securities Act
Verdict
Concurrent conflict of interests
30. Employers make payments to retired employees based on the length of their employment and the wages they received.
Defined benefit plans
Foreclosure
Export Administration Act (EAA)
Foreign Corrupt Practices Act
31. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Chapter 7 of the Code
Regulation A of the Securities Act
Restitution and rescission
Sham consideration
32. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Accord
Vesting of beneficiary's rights
Priority of secured transactions
Discovery
33. The person to extends credit or a loan - and hence the person to whom a debt is owed
Substantial performance
Mutual assent
Bureau of Customs and Border Protection
Creditor
34. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Appellant
Promisee's rights
Satisfaction
Social Security Act
35. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Indictment
Chapter 7 of the Code
Market division
Clean Water Act
36. It is a report prepared by the president. It includes an assessment of the environment and environmental policies - current and future environmental trends as well as potential remedies for deficiencies in the the nation's environmental programs and
Judicial review
Short swing profits
The Environmental Quality Report
National Institute for Occupational Health
37. It is when a promisee is doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
Prospectus
Legal detriment
Section 7A of the Clayton Act
Deliberation
38. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
Pension Benefit Guaranty Corporation (PBGC)
Original jurisdiction
Civil Law or Code Law
Unilateral mistake
39. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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40. The person who is bringing the suit
Monopoly
Fair Labor Standards Act (FLSA)
Duties that cannot be delegated
Plaintiff
41. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
Exclusive dealing agreement
Misrepresentation
Indictment
Attachment
42. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Intended beneficiaries of government contract
Consumer protection
Parol Evidence Rule
Production quotas
43. Oversees the purchase and sale of securities
Securities and Exchange Commission
Equal Pay Act (EPA)
Administrative Procedure Act
Utilitarianism
44. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
Demand assurance
Injury-in-fact
Condition precedent
Expectation damages (also known as the 'benefit of the bargain')
45. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Environmental Protection Agency
Social Security Administration
Jurisdiction
Nonexpertized portions
46. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Superfund
Writ of certiorari
Section 11 of the Securities Act
Attorney/client privilege
47. Laws that states have passed that aim at regulating securities transactions within their states.
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48. Manages the nation's social security system
Gramm-Leach-Bliley Act
General jurisdiction
Assignment of rights
The Social Security Administration
49. The right of both parties to gain information concerning the other party and her witnesses.
Discovery
Unsecured creditor
Non-recoverable damages
Clean Air Act
50. Not discriminating against foreign product - thereby treating all products within their border equally
Writ of habeas corpus
National Treatment
Organization for Economic Co-operation and Development (OECD)
Suspect classification