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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. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
'Infants' or 'minors'
Rational basis test
Res judicata
Intended beneficiary
2. A party's damage award will be reduced by any loss he did or could have avoided.
Process of assignment
Duty to mitigate
Res judicata
The Council on Environmental Quality
3. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Companies that are subject to the exchange act (Reporting companies)
Private placement
Excuse of condition
Revocation
4. Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability - which means 'open to punishment for a crime.'
Section 5 of the Securities Act
Judicial review
Civil liability
Hung jury
5. 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
Parol Evidence Rule
Intended beneficiary
Unsecured creditor
6. When a party unlawfully indicate that he will not perform when the performance is due.
Injury-in-fact
Section 7A of the Clayton Act
Utilitarianism
Anticipatory repudiation
7. A trust formed to dominate an industry
Workers compensation laws
Monopoly
Employment discrimination
Breach
8. Establishes certain rules for the proper resale - including the requirement that such securities must be held for at least one year - and sold through a broker in a transaction that involves a limited percentage of securities.
Rule 144 of the Securities Act
Rule 147 of the Securities Act
Implied contract
Specialized federal courts
9. A company subject to the Exchange Act
Post-trial motions
Truth in Lending Act
Defendant
Reporting company
10. The property that is the subject of a security interest
Collateral
Uniform Commercial Code ('UCC')
Section 701 of the Securities Act
Occupational Safety and Health Act
11. Contracts that are formed for the intended benefit of some third party.
Diminution in value
Demand assurance
Accord
Third party beneficiary
12. Legally recognized injury
Assignee's rights
10-K
Prospectus
Injury-in-fact
13. 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 -
Assignor
Affirmative defenses
Intended beneficiary
Ordinances
14. An annual report required by the Exchange Act
Public company
10-K
Oral argument
Rule 504 of Regulation D of the Securities Act
15. 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
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16. When the product is properly manufactured - but the design poses a danger to consumers. Plaintiff must prove that the manufacturer could have used an alternative design that was still economically feasible
Economic waste
Judicial review
Design defect
Implied contracts
17. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Joint obligation
Shareholder primacy
Negative causation
Motion
18. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
'Ffour corners'
Lanham Act
Donee beneficiary
Prospectus
19. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Res ipsa loquitor
Implied terms
Equal protection
Regulation D of the Securities Act
20. The documents that parties file in connection with their lawsuit
Condition precedent
Implied contracts
Pleadings
Affirmative defenses
21. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Social Security Administration
'Blue sky' laws
Federal question jurisdiction
Toxic Substances Control Act
22. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
General Agreement on Tariffs and Trades
Consequentialism
Exclusive distributor agreements
Liability based on intentional tort
23. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Material breach
Jurisdiction
Equal protection
The Family and Medical Leave Act
24. They represent the amount of money a party has spent in justifiable reliance on a contract.
Reliance damages
Priority of secured transactions
Any statutory seller
Public company
25. 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
Implied terms
National Treatment
Americans with Disabilities Act (ADA)
Bilateral Investment Treaty program
26. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Stare decisis
Contract with intoxicated persons
Model Rules of Professional Conduct
Unemployment compensation laws
27. 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
Treaties authority
Implied terms
Contract with intoxicated persons
Foreign Sovereign Immunities Act
28. People who are below the age of majority (which varies from state to state). Any contract that they are a part of is void - unless - (a) sometimes when the minor intentionally misrepresented his age and caused the other party to rely on teh misrepres
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29. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
General Agreement on Tariffs and Trades
Undue influence
Clean Water Act
30. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Complete or total integration
Unemployment compensation laws
Revocation
Production quotas
31. Treaties among several parties that seek to allocate rights and responsibilities among the parties
'Past consideration'
Defined contribution plan
Social Security Act
Multilateral treaties
32. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Supreme Court powers
Motion for a more definitive statement
'de nuvo'
Federal Insurance Contributions Act
33. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Exempt securities and transactions
Answer
Novation
Civil liability
34. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
The Family and Medical Leave Act
Truth in Lending Act
Quasi-contract
Rule 144 of the Securities Act
35. 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'.
Commencing a lawsuit
Contract
Accord
Retraction
36. One party made a mistake - the mistake concerns a basic assumption on which the contract was made that has a material impact on performance - the party seeking to avoid performance has not assumed the risk of the mistake - and equities favor avoidanc
Illusory promise
Assignor
Unilateral mistake
Bilateral Investment Treaty program
37. 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.
Foreclosure
Group boycotts
Employee-at-will
Misstatement or omission
38. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Executed exchange
Legal detriment
Diminution in value
Federal Trade Commission (FTC)
39. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Administrative law judges
Control persons
Assignee
Standing
40. The first court to consider an action
Original jurisdiction
Collateral
Diversity jurisdiction
Toxic Substances Control Act
41. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
Trademark
Creditor beneficiary
Accord
Nonexpertized portions
42. A condition that cuts off a pre-existing duty
Lien
Executed exchange
Condition subsequent
Rule 506 of Regulation D of the Securities Act
43. 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
Civil Law
Personal jurisdiction
Federal Rules of Civil Procedures
'Ffour corners'
44. Previous decisions made by decisions - by which the current judges must abide by.
Anticipatory repudiation
Perfected
Precedent
Supervening illegality
45. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Negative causation
Equal Pay Act (EPA)
Equal Credit Opportunity Act
Defined contribution plan
46. Regulates air and water pollution as well as address problems associated with certain toxic substances
Vertical agreements
Affirm or disaffirm
Pension Benefit Guaranty Corporation (PBGC)
Environmental Protection Agency
47. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Diversity jurisdiction
Uniform Laws
Treaties authority
Mistake
48. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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49. Claims that the defendant has against the plaintiff
Penalty
Implied terms
Counterclaims
Direct damages
50. Latin for 'the thing speaks for itself' - when a plaintiff establishes the harm would not ordinarily occur without someone's negligence - the instrument creating the harm was under the sole and complete control of the defendant at the time the harm o
Exclusive distributor agreements
Monopoly
Res ipsa loquitor
Federal Environmental Pesticide Control Act