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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. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Mental incapacity
Rule 147 of the Securities Act
Equal Employment Opportunity Commission (EEOC)
Mistake
2. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Expropriation
National Labor Relations Board (NLRB)
Contract with intoxicated persons
Consequentialism
3. They represent losses that result from other transactions that are dependent upon the breached contract
Vertical agreements
Voluntarily proceeding
Securities Act Registration
Consequential damages
4. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Levels of courts
Clean Water Act
Offer
Collective bargaining
5. An exemption for certain small offerings
Regulation A of the Securities Act
National Institute for Occupational Health
Exclusive dealing agreement
Mutual assent
6. 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
Substantial performance
Concurrent conflict of interests
National Treatment
Termination of an invitation to make an offer
7. 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 -
Standing
Intended beneficiary
Liability based on intentional tort
Pretexting
8. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Liability based on intentional tort
General Agreement on Tariffs and Trades
Rule 147 of the Securities Act
Verdict
9. A security interest is perfected by filing a financing statement - which describes the collateral and the creditor's security interests in the collateral. This serves as a notice to third parties. Perfection can also occur by taking possession or con
Export Administration Regulations (EAR)
Rule 144 of the Securities Act
Perfected
When an assignment becomes void
10. 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
Vertical agreements
Mutual assent
Security interest
Appellate jurisdiction
11. 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
Ordinances
Misrepresentation
Environmental Protection Agency (EPA)
Inadequate warning defect`
12. Laws that states have passed that aim at regulating securities transactions within their states.
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13. A misrepresentation made with knowledge of its inaccuracy
Counterclaims
Scienter
Verdict
Remediation
14. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
Supervening illegality
Restitution and rescission
'in pari delicto'
Diversity jurisdiction
15. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Vertical agreements
Grand jury
Hung jury
Satisfaction
16. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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17. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Penalty
8-K
Affirm or disaffirm
Chapter 7 of the Code
18. Offering made to purchase all or a portion of the shares of a specific company
Securities Act Registration
Tender offers
'de nuvo'
Bilateral investment treaties
19. The obligee who officially assigned over his rights
Unconscionability
Clean Air Act
Penalty
Assignor
20. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Novation
Partial or trivial breach
Truth in Lending Act
Accord
21. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Any statutory seller
Writ of certiorari
National Labor Relations Act
Section 12 (a)(1) of the Securities Act
22. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
Appellee or respondent
Unilateral contract
Substitutes of consideration
Social entity or stakeholder theory of the corporation
23. 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.
Priority of secured transactions
Employment law
Foreclosure
Misstatement or omission
24. 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
Trial court
Environmental Protection Agency
Design defect
Strict liability
25. 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
Mortgage
Obligor's rights
Misappropriation theory
Demurrer
26. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Expectation damages (also known as the 'benefit of the bargain')
Jurisdiction
Rules of interpretation of a contract by a court
Donee beneficiary
27. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Reporting company
Restatement (Second) of Contracts
Appellate jurisdiction
Exempt securities and transactions
28. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Mortgage
Expertised portion
Organization for Economic Co-operation and Development (OECD)
Social entity or stakeholder theory of the corporation
29. When a party takes back his repudiation and agrees to perform under the contract. Retraction is not valid if the non-repudiating party has materially changed her position in reliance on teh repudiation - or indicated her willingness to treat the repu
Retraction
Uniform Commercial Code ('UCC')
Criminal Law
Title VII of the Civil Rights Act of 1964
30. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
National Labor Relations Board (NLRB)
Writ of habeas corpus
Writ of certiorari
Toxic Substances Control Act
31. 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
Commencing a lawsuit
'de nuvo'
Mutual mistake
Objective standard
32. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Rule 506 of Regulation D of the Securities Act
Promise
Promisee's rights
Regulation D of the Securities Act
33. Discrimination based on race or sex
Deliberation
Equal Pay Act (EPA)
Unconscionability
Employment discrimination
34. 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
Mutual assent
Informed consent
Demand assurance
Foreclosure
35. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Limited jurisdiction
Judicial review
Scienter
Specialized federal courts
36. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
8-K
Subject matter jurisdiction
Bona fide occupational qualification
Executed exchange
37. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Defined contribution plan
Contracts that prohibit assignment
Hung jury
Creditor
38. 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
Effect of delegation
Prospectus
Consumer protection
Intended beneficiaries of government contract
39. 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 506 of Regulation D of the Securities Act
Rule 144 of the Securities Act
Inadequate warning defect`
Condition precedent
40. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
Effect of delegation
Model Rules of Professional Conduct
Price fixing
The Family and Medical Leave Act
41. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Statutory Seller
National Labor Relations Board
Strict liability
Direct damages
42. 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
Contract with intoxicated persons
Discharge of contract
Exempt securities and transactions
Social entity or stakeholder theory of the corporation
43. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Corporate social responsibility
Federal Trade Commission
Fair Credit Reporting Act
Discharge of contract
44. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Gift
Trial court
Token consideration
Rule 144 of the Securities Act
45. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Standing
Product liability
Obligor
Intended beneficiary
46. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Clean Air Act
Bargained-for-exchange
Foreign Corrupt Practices Act
Creditor
47. The person being sued
National Treatment
Revocation
Who is liable
Defendant
48. The right of both parties to gain information concerning the other party and her witnesses.
Writ of certiorari
Affirm or disaffirm
Mistake
Discovery
49. It is an action to avoid unjust enrichment.
Complete or total integration
Restitution
Export Administration Act (EAA)
Civil Law
50. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Obligor
Standing
Restitution
Breach