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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. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Organization for Economic Co-operation and Development (OECD)
Attachment
Perfected
Expertised portion
2. They represent the amount of money a party has spent in justifiable reliance on a contract.
Collateral
Remand
Equal protection
Reliance damages
3. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
8-K
Changed circumstances that allow a party to be excused from performance under the contract
Trial court
Ordinances
4. 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.
Misrepresentation
Intended beneficiary
Fair Debt Collection Act
Anticipatory repudiation
5. 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.
The Social Security Administration
Consideration
Trademark
Mental incapacity
6. Ethical behavior in terms of its consequences ('the end justifies the means')
Obligee
Accredited investor
Consequentialism
Revocability
7. An exemption for securities sold outside of the U.S.
Administrative Procedure Act
Workers compensation laws
Consumer protection
Regulation S of the Securities Act
8. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Employment law
Securities and Exchange Commission
Securities Exchange Act of 1934
Fraud
9. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
10. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Unemployment compensation laws
Fair Labor Standards Act (FLSA)
Civil Law
Petit jury
11. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
12. Regulates trusts and monopolies
Market division
Utilitarianism
Federal Trade Commission
Legal ethics
13. 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.
Demurrer
Americans with Disabilities Act (ADA)
Informed consent
Section 7A of the Clayton Act
14. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Promise
Common Law
Retraction
Negative causation
15. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Truth in Lending Act
Injunction
Reliance
General Agreement on Tariffs and Trades
16. 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
Regulation S of the Securities Act
Legal detriment
Demurrer
Summons
17. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Social Security Act
Contract with intoxicated persons
Securities and Exchange Commission
Employee Retirement Income Security Act (ERISA)
18. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
Motion
Commercial speech
Rule 505 of Regulation D of the Securities Act
Other constituency statutes
19. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
United States Bankruptcy Code ('Code')
Procedural unconscionability
Charitable contributions
Attachment
20. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
Non-recoverable damages
Rules of interpretation of a contract by a court
Foreign Sovereign Immunities Act
Exclusive distributor agreements
21. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
22. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Securities and Exchange Commission
Res judicata
Restitution and rescission
Mutual rescission
23. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
'due process'
Rational basis test
Collective bargaining
Legal capacity
24. A supervening stature makes a contract illegal - and thereby makes performance impossible
Civil Law or Code Law
Supervening illegality
Employment discrimination
Sherman Act
25. Manages the nation's social security system
Per se
Bureau of Customs and Border Protection
Misstatement or omission
The Social Security Administration
26. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
Procedural unconscionability
Private placement
Duress
Preponderance of evidence
27. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
Corporate social responsibility
Limited jurisdiction
Criminal Trial
Unilateral contract
28. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Domicile
Procedural unconscionability
Ordinances
Legal detriment
29. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Corporate social responsibility
Diversity jurisdiction
Hung jury
Pleadings
30. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
Securities Act Registration
Environmental Protection Agency (EPA)
Employee-at-will
Environmental Protection Agency
31. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Standing
Clean Air Act
Chapter 7 of the Code
Nonexpertized portions
32. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
33. A situation where one person unfairly benefits from a transaction
Unjust enrichment
'Mailbox' rule
Unilateral mistake
Section 701 of the Securities Act
34. An exemption for certain small offerings
Accredited investor
Jurisdiction
Affirm or disaffirm
Regulation A of the Securities Act
35. It regulates chemical substances
Private placement
Toxic Substances Control Act
Pregnancy Discrimination ACt
Expectation damages (also known as the 'benefit of the bargain')
36. Actual performance of an obligation
Satisfaction
Accord
Statute of limitations
Pretexting
37. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Bilateral investment treaties
Tie-in agreement
Section 5 of the Securities Act
National Treatment
38. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Per se
Federal question jurisdiction
Supervening illegality
Vesting of beneficiary's rights
39. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Personal jurisdiction
Restatement (Second) of Contracts
Employee Retirement Income Security Act (ERISA)
The Family and Medical Leave Act
40. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive dealing agreement
Uniform Laws
Delegation
Contract law
41. 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).
Security agreement
Discharge of contract
Environmental Protection Agency (EPA)
Manufacturing defect
42. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Equity of redemption
Federal Trade Commission (FTC)
Group boycotts
Verdict
43. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
Mortgage
Bilateral investment treaties
Rule 147 of the Securities Act
Attorney/client privilege
44. 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
When an assignment becomes void
Duty to mitigate
Perfected
Affirm or disaffirm
45. It is a document containing information that must be delivered to investors prior to their securities' purchase. It is designed to contain all the information that an investor needs to evaluate the security and risk associated with purchasing the sec
Counterclaims
Attachment
Prospectus
Equal Credit Opportunity Act
46. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Product liability
Pre-existing duty
Utilitarianism
Indictment
47. The proceeding for a supervised reorganization of the debtor's business. The debtor must present a plan of reorganization to the bankruptcy court. After 120 days - creditors have the right to present competing plans. The court makes the final determi
Taking a contract 'out of the Statute of Frauds'
'de nuvo'
Informed consent
Chapter 11 of the Code
48. It represents a request for the court to take some action. A motion can be filed by a defendant.
Treaties authority
Motion
Motion for a more definitive statement
Vesting of beneficiary's rights
49. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Clean Water Act
Investment contracts
'Quid pro quo'
Corporate social responsibility
50. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Incidental beneficiary
Duress
Legal detriment
Content-neutral restrictions