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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. These contracts do not actually prohibit assignment - but actually prohibits delegation. Assignments will be valid unless the contract specifically states that assignment are void - which in such a case - any assignment will be treated as a breach of
Answer
Strict liability
Contracts that prohibit assignment
Gratuitous assignment
2. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Remediation
Mutual assent
Parol Evidence Rule
Substantial performance
3. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Jurisdiction
Accredited investor
Adhesion
Liability based on intentional tort
4. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Concurrent conflict of interests
Toxic Substances Control Act
Defined contribution plan
Equal Employment Opportunity Commission (EEOC)
5. Discrimination based on race or sex
Exclusive dealing agreement
Employment discrimination
Condition
Who is liable
6. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Restitution and rescission
Per se
Production quotas
Pension Benefit Guaranty Corporation (PBGC)
7. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Liability based on intentional tort
Criminal Trial
Delegation
Res judicata
8. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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9. Claims that the defendant has against the plaintiff
Counterclaims
Section 5 of the Securities Act
Summons
Federal Trade Commission (FTC)
10. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
Shareholder primacy
Intended beneficiaries of government contract
Pension Benefit Guaranty Corporation (PBGC)
Exclusive distributor agreements
11. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Levels of courts
Condition concurrent
Appellate jurisdiction
Securities
12. It is the period in which a person may bring her claim. A contract becomes unenforceable after the statute of limitations has expired. A new contract must be created
Regulation A of the Securities Act
Statute of limitations
Unilateral mistake
Utilitarianism
13. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Monopoly
'Blue sky' laws
Expropriation
Quasi-contract
14. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
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15. A current report required by the Exchange Act
Discharge of contract
8-K
Charitable contributions
Restatement (Second) of Contracts
16. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Deliberation
Exchange Act Regulations
Consumer protection
Truth in Lending Act
17. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Fair Labor Standards Act (FLSA)
Section 4 of the Securities Act
Examples of Uniform Laws
Section 11 of the Securities Act
18. The power of the Supreme Court to review federal or state law as constitutional or not. It is the result of the 'Marbury v Madison' case.
Judicial review
Administrative law judges
Assignor
Restitution
19. The property that is the subject of a security interest
Res ipsa loquitor
Judgment n.o.v.
Collateral
Option contract
20. 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)
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
United States Bankruptcy Code ('Code')
Export Administration Act (EAA)
Uniform Laws
21. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Joint obligation
A motion of summary judgement
Section 12 (a)(1) of the Securities Act
Securities Exchange Act of 1934
22. 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
Product liability
Rule 12b (6) motion
Rule of reason
'de nuvo'
23. Prohibit discrimination based on pregnancy or childbirth
'Infants' or 'minors'
Pregnancy Discrimination ACt
Perfected
Restitution and rescission
24. 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
Oral argument
Bilateral Investment Treaty program
Design defect
25. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Mistake
Perfected
Affirm or disaffirm
Assignment of rights
26. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Title VII of the Civil Rights Act of 1964
Federal Trade Commission (FTC)
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
The Statute of Frauds
27. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Delegation
Demurrer
Discharge of contract
Misstatement or omission
28. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
Demand assurance
Regulation S of the Securities Act
Equal Credit Opportunity Act
Unsecured creditor
29. A condition that occurs at the same time as performance
Plaintiff
Chapter 11 of the Code
Condition concurrent
Rules of interpretation of a contract by a court
30. Created through the Occupational Safety and Health Ac. It is federal administrative agency that works with employers and employees to ensure compliance with workplace safety standards. It requires employers to maintain information on employee acciden
Token consideration
Occupational Safety and Health Administration (OSHA)
Social Security Administration
'Blue sky' laws
31. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Enabling acts
Securities Act Registration
Process of assignment
Hung jury
32. If a performance has already occurred - or a promise has already been made - then it generally cannot serve as the basis for consideration because it cannot be considered to have induced a bargain. Therefore - 'past consideration' is insufficient.
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33. The party seeking to appeal the previous court's decision
Appellant
10-K
Resource Conservation and Recovery Act
Organization for Economic Co-operation and Development (OECD)
34. The right to hold a security interest on a debtor's property.
Lien
Sham consideration
Materiality
Federal district court
35. The person to whom the right is assigned
Specialized federal courts
Post-trial motions
Assignee
Rule of reason
36. 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 -
Discharge of contract
Social entity or stakeholder theory of the corporation
Contract law
Civil Law or Code Law
37. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Standing
Restatement (Second) of Contracts
Oral argument
Executed exchange
38. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
Malpractice
Sham consideration
Goods
Motion for a more definitive statement
39. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
Express contract
Pregnancy Discrimination ACt
Attachment
Proxy
40. 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
Control persons
Concurrent conflict of interests
Secured transaction
Employee Retirement Income Security Act (ERISA)
41. 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
'due process'
Administrative Procedure Act
Deontological
Judicial review
42. This is when the appellate court send the case back to the lower court for a new trial.
Oral argument
Remand
Perfected
Burden of proof
43. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
Substantive unconscionability
Title VII of the Civil Rights Act of 1964
Objective standard
Expropriation
44. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
Investment contracts
Collective bargaining
National Labor Relations Board
Sherman Act
45. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
The Statute of Frauds
Process of assignment
'meeting of the minds'
General Agreement on Tariffs and Trades
46. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Unemployment compensation laws
Expropriation
Economic waste
Legal capacity
47. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Assignment of rights
Summons
Fair Credit Reporting Act
Undue influence
48. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
The Council on Environmental Quality
Perfected
Clean Water Act
Trial court
49. A creditor that does not have a security interest in any of the debtor's property or assets.
Social Security Act
Rule 144 of the Securities Act
Unsecured creditor
Injury-in-fact
50. 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
Assignor
Stare decisis
Novation
Regulation A of the Securities Act