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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 set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Restatement (Second) of Contracts
Post-trial motions
Age Discrimination in Employment Act (ADEA)
Occupational Safety and Health Administration (OSHA)
2. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Securities Act
Perfected
Mental incapacity
'Definite and certain'
3. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
Regulation D of the Securities Act
Promise
Reliance
Equity of redemption
4. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
Assignment of rights
Rule 12b (6) motion
Public company
5. 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
Proxy
Expertised portion
Unilateral mistake
Suspect classification
6. The creditor's security interest in real property
Vertical agreements
Duress
Mortgage
Stare decisis
7. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
Writ of habeas corpus
Implied contract
The Family and Medical Leave Act
Offer
8. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Vertical agreements
Administrative Procedure Act
Export Administration Regulations (EAR)
National Labor Relations Act
9. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
Rational basis test
Occupational Safety and Health Act
Motion to strike
10. 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.
Equal Credit Opportunity Act
Deliberation
Rational basis test
Toxic Substances Control Act
11. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Product liability
Foreign Corrupt Practices Act
Organization for Economic Co-operation and Development (OECD)
Collective bargaining
12. A misrepresentation made with knowledge of its inaccuracy
Reliance damages
General jurisdiction
Scienter
'due process'
13. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Hung jury
Contract
Appellant
Writ of certiorari
14. If the promisor substantially performs under teh contract
Reliance damages
Writ of habeas corpus
'due process'
Partial or trivial breach
15. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Obligor
Discharge of contract
Criminal Trial
Inadequate warning defect`
16. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Unsecured creditor
Plaintiff
National Labor Relations Act
'meeting of the minds'
17. 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
Legal detriment
Resource Conservation and Recovery Act
Counteroffer
Bilateral contract
18. Laws that states have passed that aim at regulating securities transactions within their states.
19. 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.
Misappropriation theory
Injury-in-fact
Equal Employment Opportunity Commission (EEOC)
Affirm or disaffirm
20. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
Uniform Commercial Code ('UCC')
10-Q
Equal Credit Opportunity Act
When an assignment becomes void
21. Treaties between two nations addressing investment concerns
Consideration
Bilateral investment treaties
Automatic stay
Unilateral mistake
22. A promise that is inferred from a person's conduct or the circumstances of the transaction
Demurrer
Defenses against liability of misrepresentations or omissions
Implied contract
Group boycotts
23. When the creditor initiates the proceedings.
Illusory promise
Procedural unconscionability
Perfected
Involuntary proceeding
24. The property that is the subject of a security interest
Demurrer
Environmental Protection Agency (EPA)
Materiality
Collateral
25. Regulates radio - television - and other forms of interstate communications
Burden of proof
Limited jurisdiction
Equity of redemption
Federal Communications Commission
26. A current report required by the Exchange Act
Clayton Act
Condition concurrent
8-K
Counterclaims
27. 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
Perfected
Workers compensation laws
Substitutes of consideration
Mental incapacity
28. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Superfund
Civil liability
Rule 504 of Regulation D of the Securities Act
Group boycotts
29. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Implied contracts
Duress
Rules of construction
Bona fide occupational qualification
30. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Social entity or stakeholder theory of the corporation
Content-neutral restrictions
Judgment n.o.v.
Resource Conservation and Recovery Act
31. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Bilateral contract
Accredited investor
Priority of secured transactions
Goods
32. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Manufacturing defect
Civil Law or Code Law
Assignment of rights
Mutual rescission
33. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
'de nuvo'
Stare decisis
Fair Debt Collection Act
Bilateral contract
34. It represents notice that a lawsuit has been filed against the defendant
Summons
Incidental beneficiary
Unjust enrichment
Control persons
35. The Constitution makes treaties the 'supreme law of the land'
A motion of summary judgement
Revocation
Treaties authority
'due process'
36. This is when the appellate court send the case back to the lower court for a new trial.
Remand
Pretexting
Rule 147 of the Securities Act
Expectation damages (also known as the 'benefit of the bargain')
37. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
Federal Rules of Civil Procedures
Stare decisis
Commencing a lawsuit
Title VII of the Civil Rights Act of 1964
38. A situation where one person unfairly benefits from a transaction
Enabling acts
Grand jury
Unjust enrichment
Federal Environmental Pesticide Control Act
39. When both parties agree to rescind the contract
Specific performance
Attorney/client privilege
Mutual rescission
Prospectus
40. The promisor's failure to perform in accordance with the terms of the contract
Accord
Implied terms
Motion for a more definitive statement
Breach
41. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Motion
Writ of certiorari
Fair Labor Standards Act (FLSA)
Substantive unconscionability
42. Regulates trusts and monopolies
Design defect
Federal Trade Commission
Misrepresentation
Securities and Exchange Commission
43. There is no contract between the employer and employee - and therefore - either the employee or the employer can terminate the employment relationship at any time for any reason.
Employee-at-will
Post-trial motions
Group boycotts
Taking a contract 'out of the Statute of Frauds'
44. 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)
Promise
Pretexting
Discovery
Defendant
45. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Mutual mistake
Securities Exchange Act of 1934
Resource Conservation and Recovery Act
Investment contracts
46. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Strict liability
Consequentialism
Condition
Federal question jurisdiction
47. 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
Statutory Seller
Termination of an invitation to make an offer
Proxy
Unilateral contract
48. A condition that cuts off a pre-existing duty
Design defect
Mutual assent
Condition subsequent
Restitution and rescission
49. It is a pre-trial motion to take out certain matters
Short swing profits
Consideration
Shareholder primacy
Motion to strike
50. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Negative causation
Effect of delegation
Regulation S of the Securities Act
Any statutory seller