SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. The party that won in the previous court trial - but the other party is appealing the decision.
Duty to mitigate
Promisee's rights
Appellee or respondent
Restitution
2. 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
'Mirror image' rule
Breach
Exempt securities and transactions
The Environmental Quality Report
3. 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.
Mental incapacity
Complete or total integration
Performance
Securities
4. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
Bureau of Customs and Border Protection
Involuntary proceeding
Exclusive dealing agreement
5. The person who is bringing the suit
Restitution and rescission
Plaintiff
Accredited investor
10-Q
6. Discrimination based on race or sex
Oral argument
Exchange Act Regulations
Employment discrimination
Mistake
7. A contract entered into by a person who is intoxicated (by alcohol or drugs) is also voidable by the intoxicated person. This can be done by proving that he did not understand the nature and significance of her actions - or the other party had reason
Implied contract
10-Q
Examples of Uniform Laws
Contract with intoxicated persons
8. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Assignment of rights
Exclusive dealing agreement
Social Security Act
Perfected
9. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
Misappropriation theory
Domicile
Bilateral investment treaties
Demand assurance
10. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Liability based on intentional tort
Judgment n.o.v.
Equal Pay Act (EPA)
Inadequate warning defect`
11. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Charitable contributions
Uniform Laws
Gratuitous assignment
Occupational Safety and Health Administration (OSHA)
12. 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
Commercial speech
Automatic stay
Undue influence
Regulation S of the Securities Act
13. Misrepresentation that was made with intent
Rule 505 of Regulation D of the Securities Act
Quasi-contract
Fraud
Trademark
14. Safeguards consumer's personal information by ensuring that financial institutions that have access to private financial information have protection plans for that information - ensures that consumers receive better disclosure regarding a financial i
Security interest
Counterclaims
Gramm-Leach-Bliley Act
Environmental Protection Agency (EPA)
15. 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.
Rational basis test
Equal Credit Opportunity Act
Treaties authority
Attorney/client privilege
16. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Offer
Unilateral rescission
Novation
Chapter 7 of the Code
17. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Social Security Act
Equal Employment Opportunity Commission (EEOC)
Quasi-contract
18. Rules of ethics that govern the practice of law and the conduct of lawyers
Pretexting
Legal ethics
Limited jurisdiction
Investment contracts
19. 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
Exclusive distributor agreements
Chapter 11 of the Code
Substitutes of consideration
Mutual mistake
20. 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.
Criminal Law
Implied terms
Restitution
Malpractice
21. 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
Federal Information Act
Involuntary proceeding
Expertised portion
Stare decisis
22. 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
'Definite and certain'
Gramm-Leach-Bliley Act
Secured transaction
Title VII of the Civil Rights Act of 1964
23. Responsibility of a seller or manufacturer for any defective product unduly threatening personal safety
Section 11 of the Securities Act
Bona fide occupational qualification
Employment law
Strict liability
24. 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
Consideration
Model Rules of Professional Conduct
Adhesion
Bilateral contract
25. 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
Workers compensation laws
Exclusive dealing agreement
Civil liability
Nonexpertized portions
26. The exchange of promises or an exchange of a promise for a performance.
Legal ethics
Procedural unconscionability
Product liability
Bargained-for-exchange
27. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Section 5 of the Securities Act
Res judicata
Attachment
Criminal Law
28. 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.
Material breach
Federal circuit court of appeals and the federal court of appeals
Model Rules of Professional Conduct
Section 4 of the Securities Act
29. A quarterly report required by the Exchange Act
Motion to strike
Gramm-Leach-Bliley Act
10-Q
Rules of interpretation of a contract by a court
30. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Bilateral contract
Trust
Export Administration Act (EAA)
Diversity jurisdiction
31. An exemption for certain small offerings
Any statutory seller
Regulation A of the Securities Act
Environmental Protection Agency (EPA)
Consideration
32. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
'meeting of the minds'
Chapter 13 of the Code
Collective bargaining
Direct damages
33. It is founded by the National Environmental Policy Act (NEPA) - to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality Report
The Council on Environmental Quality
Gift
Post-trial motions
Material breach
34. When the jury retires to a separate room to decide the outcome of the case.
Specialized federal courts
Deliberation
Express contract
Americans with Disabilities Act (ADA)
35. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
United States Bankruptcy Code ('Code')
'Mirror image' rule
Joint obligation
Commercial speech
36. 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
Age Discrimination in Employment Act (ADEA)
Clean Air Act
Personal jurisdiction
The Environmental Quality Report
37. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Rules of interpretation of a contract by a court
Subject matter jurisdiction
Penalty
Burden of proof
38. 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
Parol Evidence Rule
Rule 147 of the Securities Act
Unconscionability
Reliance damages
39. When the plaintiff's damages were caused by something other than the misrepresentation or omission
10-Q
Negative causation
Duties that cannot be delegated
Restitution
40. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Standing
Demurrer
Bureau of Consumer Protection
Sherman Act
41. 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.
Short swing profits
Organization for Economic Co-operation and Development (OECD)
Equal Employment Opportunity Commission (EEOC)
Affirm or disaffirm
42. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Involuntary proceeding
Reliance damages
Non-recoverable damages
Securities Exchange Act of 1934
43. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Federal Information Act
Limited jurisdiction
Commercial speech
Foreign Corrupt Practices Act
44. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Commencing a lawsuit
Token consideration
Post-trial motions
Assignee
45. Words or actions an individual may have intended - but did not communicate
Section 12 (a)(1) of the Securities Act
Subjective intent
Equal Employment Opportunity Commission (EEOC)
Novation
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
Direct damages
Lien
Performance
47. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Collateral
Revocability
Treaties authority
Sherman Act
48. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Option contract
Obligor's rights
Offer
'Definite and certain'
49. A U.S. program that coordinates efforts to provide protection for the investment interests of it's citizens doing business in foreign countries - and improve investor's access to foreign markets. Helps develops international policies and laws
Chapter 11 of the Code
Bilateral Investment Treaty program
Pension Benefit Guaranty Corporation (PBGC)
Malpractice
50. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Other constituency statutes
Bilateral Investment Treaty program
Rule 506 of Regulation D of the Securities Act
Enabling acts