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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. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Multilateral treaties
Accord
Federal Insurance Contributions Act
Appellate jurisdiction
2. A condition that cuts off a pre-existing duty
Effect of delegation
Equal Employment Opportunity Commission (EEOC)
Condition subsequent
Implied contracts
3. 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
Toxic Substances Control Act
Group boycotts
Demand assurance
Intended beneficiaries of government contract
4. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
Fair Labor Standards Act (FLSA)
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Intended beneficiaries of government contract
Inadequate warning defect`
5. 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.
Vesting of beneficiary's rights
Rational basis test
Injury-in-fact
Examples of Uniform Laws
6. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Monopoly
10-Q
Chapter 7 of the Code
Model Rules of Professional Conduct
7. A small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Third party beneficiary
Token consideration
Equity of redemption
Supervening illegality
8. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Goods
10-K
Prospectus
Utilitarianism
9. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Standing
Accredited investor
Bargained-for-exchange
National Environmental Policy Act (NEPA)
10. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Investment contracts
Control persons
Organization for Economic Co-operation and Development (OECD)
Priority of secured transactions
11. 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.
Exclusive distributor agreements
The Council on Environmental Quality
Implied contracts
Implied terms
12. 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.
Shareholder primacy
Exempt securities and transactions
Discharge of contract
Demurrer
13. 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.
Consequentialism
Condition
Domicile
Answer
14. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Occupational Safety and Health Act
Federal Information Act
Assignor
'clear and present'
15. The creditor's security interest in real property
Manufacturing defect
Mortgage
Stare decisis
Exchange Act Regulations
16. 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
Consumer protection
Condition subsequent
Environmental Protection Agency (EPA)
Personal jurisdiction
17. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Federal question jurisdiction
Expertised portion
When an assignment becomes void
Injury-in-fact
18. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Duress
Federal Information Act
Tie-in agreement
Mental incapacity
19. The person who assigns her rights
Donee beneficiary
Employment discrimination
Delegation
Obligee
20. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Market division
Taking a contract 'out of the Statute of Frauds'
Misstatement or omission
Expropriation
21. Earliest form of a system of laws (first seen in Babylon - 1792 BC). It is a system of laws based on an established code. The modern civil law systems are based on the codes founded in the Roman Empire. Civil law systems are used in France - Spain -
Accredited investor
Res ipsa loquitor
Restitution and rescission
Civil Law or Code Law
22. 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
When an assignment becomes void
Termination of an invitation to make an offer
Creditor
Vertical agreements
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
Bilateral Investment Treaty program
Expectation damages (also known as the 'benefit of the bargain')
Section 12(a)(2)
Adhesion
24. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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25. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Voluntarily proceeding
Securities Exchange Act of 1934
Section 5 of the Securities Act
Lanham Act
26. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Content-neutral restrictions
Beneficiary's rights
Rule 504 of Regulation D of the Securities Act
Affirmative defenses
27. It is a promise stated in words - either oral or written.
General jurisdiction
Express contract
Strict liability
Section 10(b) and Rule 10b-5 of the Exchange Act
28. 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
Legal detriment
Demand assurance
Unilateral rescission
Environmental Protection Agency (EPA)
29. The person to extends credit or a loan - and hence the person to whom a debt is owed
Burden of proof
Creditor
Enabling acts
Consequential damages
30. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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31. An exemption for securities sold outside of the U.S.
Intended beneficiary
Quasi-contract
Regulation S of the Securities Act
Duress
32. A misrepresentation made with knowledge of its inaccuracy
Demurrer
Assignor
Scienter
Bilateral contract
33. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
Market division
Securities and Exchange Commission
Lanham Act
Defendant
34. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Quasi-contract
Secured transaction
'Quid pro quo'
Demurrer
35. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Rational basis test
Fair Credit Reporting Act
Discharge of contract
Priority of secured transactions
36. A trivial defect in performance (the opposite of material breach).
Substantial performance
Regulation S of the Securities Act
Occupational Safety and Health Administration (OSHA)
Objective standard
37. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Remediation
Levels of courts
Motion
Adhesion
38. 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
Beneficiary's rights
Section 12 (a)(1) of the Securities Act
Attachment
Concurrent conflict of interests
39. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Creditor
Contract law
Bureau of Consumer Protection
Foreign Corrupt Practices Act
40. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Federal Rules of Civil Procedures
Commercial speech
Precedent
Attorney/client privilege
41. An exemption for certain small offerings
Regulation A of the Securities Act
Supervening illegality
General jurisdiction
Illusory promise
42. 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
Administrative Procedure Act
Quasi-contract
Substantive unconscionability
Offer
43. The right to hold a security interest on a debtor's property.
Exempt securities and transactions
'Blue sky' laws
Lien
The Council on Environmental Quality
44. 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.
Quasi-contract
Assignor
Misstatement or omission
Unjust enrichment
45. Agreements between buyers and sellers - price-related agreements are per se illegal. Such agreements require court scrutiny based on the rule of reason in order to be held illegal.
Strict liability
Vertical agreements
Section 12 (a)(1) of the Securities Act
Adhesion
46. Rule 12(b) of the Federal Rules also allows a defendant to make a motion to dismiss based on (a) a lack of subject matter jurisdiction - (b) lack of person jurisdiction - (c) lack of venue - (d) the lack of venue - (e) the failure to join necessary p
Collective bargaining
National Environmental Policy Act (NEPA)
Securities Act
Rule 12b (6) motion
47. Punitive damage - non-economic damages - and attorneys' fees
Material breach
Non-recoverable damages
Complete or total integration
Judgment n.o.v.
48. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
'Quid pro quo'
'Past consideration'
Bureau of Consumer Protection
Security interest
49. Obtaining consumer's private financial information under false pretenses
Occupational Safety and Health Act
Federal Trade Commission
Pretexting
Expropriation
50. 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.
Defined contribution plan
Fair Debt Collection Act
Clean Water Act
Criminal Law