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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 the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Joint obligation
Procedural unconscionability
Employee Retirement Income Security Act (ERISA)
Post-trial motions
2. 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.
Federal Insurance Contributions Act
Token consideration
Pre-existing duty
Rational basis test
3. The party seeking to appeal the previous court's decision
Social Security Act
Appellant
Quasi-contract
Federal Rules of Civil Procedures
4. 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
Penalty
Bilateral Investment Treaty program
Concurrent conflict of interests
Quasi-suspect classification
5. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Reporting company
10-Q
Performance
Substitutes of consideration
6. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Bilateral Investment Treaty program
Chapter 11 of the Code
Reliance
Social Security Administration
7. 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
Foreclosure
Charitable contributions
National Environmental Policy Act (NEPA)
Attachment
8. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
When an assignment becomes void
Accredited investor
Subjective intent
Public company
9. Laws created by city councils or county boards - aimed at local matters
Ordinances
Quasi-contract
Standing
Securities
10. 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.
Production quotas
Section 701 of the Securities Act
Rational basis test
Lanham Act
11. 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'
Anticipatory repudiation
Chapter 13 of the Code
Creditor beneficiary
Trial court
12. The right of both parties to gain information concerning the other party and her witnesses.
Rule 144 of the Securities Act
'Past consideration'
Discovery
Concurrent conflict of interests
13. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
National Treatment
Injunction
Corporate social responsibility
Motion for a more definitive statement
14. Legally recognized injury
Obligor's rights
Injury-in-fact
Accredited investor
Equal Employment Opportunity Commission (EEOC)
15. 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
Unilateral mistake
Plaintiff
Injury-in-fact
Securities
16. One of the primary federal federal statutes
Expropriation
Securities Act
Criminal Law
Criminal Trial
17. After taking the case to the federal district court - the party has the right to appeal to the federal circuit court of appeals. there are twelve federal appeals courts that hear cases from several different district courts within a specific geograph
'Blue sky' laws
Verdict
Appellee or respondent
Process of appealing a case through the three levels of court
18. 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.
Demurrer
Control persons
Rule 144 of the Securities Act
Bureau of Consumer Protection
19. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Joint obligation
Proxy
Inadequate warning defect`
Appellant
20. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
Implied terms
Administrative Procedure Act
Title VII of the Civil Rights Act of 1964
Demurrer
21. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Section 12(a)(2)
'Quid pro quo'
Foreclosure
Prosecution
22. A pre-trial motion when the pleadings are vague or ambiguous.
Regulation S of the Securities Act
Motion for a more definitive statement
Duty to mitigate
Truth in Lending Act
23. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Statute of limitations
Restatement (Second) of Contracts
Substitutes of consideration
Fair Debt Collection Act
24. A quarterly report required by the Exchange Act
10-Q
Legal ethics
'Past consideration'
Judicial review
25. The party that won in the previous court trial - but the other party is appealing the decision.
Chapter 11 of the Code
Parol Evidence Rule
Judgment n.o.v.
Appellee or respondent
26. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Bureau of Customs and Border Protection
Americans with Disabilities Act (ADA)
Pre-existing duty
Goods
27. 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
Prosecution
The Family and Medical Leave Act
Organization for Economic Co-operation and Development (OECD)
Taking a contract 'out of the Statute of Frauds'
28. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
Tender offers
Judgment n.o.v.
Commencing a lawsuit
Exempt securities and transactions
29. He has the enforceable right against the obligor because he is considered the real party interest.
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30. 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
Accredited investor
Jurisdiction
Statutory Seller
Levels of courts
31. The property that is the subject of a security interest
Creditor beneficiary
Collateral
Preponderance of evidence
Executed exchange
32. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Economic waste
Writ of habeas corpus
Sherman Act
Promisee's rights
33. 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
Levels of courts
Res ipsa loquitor
Goods
'Mirror image' rule
34. Automatic violations of the Sherman Act
Per se
Civil Law or Code Law
Bureau of Customs and Border Protection
'Mailbox' rule
35. Claims that the defendant has against the plaintiff
8-K
Diminution in value
Counterclaims
Group boycotts
36. All total breaches are material breaches. However - a total breach have factors including whether there is a likelihood of a cure - further delay will prevent the promisee from making alternative arrangements - or prompt performance is a critical ele
Employment law
Writ of certiorari
Total breach
Federal Communications Commission
37. 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
Securities Exchange Act of 1934
Misappropriation theory
Unilateral mistake
Treaties authority
38. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Foreign Sovereign Immunities Act
Implied contract
Counterclaims
Rule 506 of Regulation D of the Securities Act
39. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Creditor
Federal district court
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Shareholder primacy
40. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Expectation damages (also known as the 'benefit of the bargain')
Discovery
Quasi-contract
Substantive unconscionability
41. An exemption for offers in which the aggregate offering price is less than $5 million and the number of purchasers in less than 35 - excluding accredited investors
Chapter 7 of the Code
Duties that cannot be delegated
Criminal Law
Rule 505 of Regulation D of the Securities Act
42. The creditor's security interest in real property
Mortgage
Product liability
Design defect
Unconscionability
43. Words or actions an individual may have intended - but did not communicate
Defined benefit plans
Chapter 13 of the Code
Subjective intent
Civil liability
44. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Criminal Law
Workers compensation laws
Group boycotts
Plaintiff
45. The agreement to create a security interest
Security agreement
Ordinances
Appellee or respondent
'Past consideration'
46. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Involuntary proceeding
Personal jurisdiction
Workers compensation laws
Materiality
47. 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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48. A classification that includes gender and legitimacy. If the regulation involves quasi-suspect classification - then the courts may apply intermediate scrutiny. Thus - the regulation will be valid so long as it is substantially tailored to meet an im
Occupational Safety and Health Act
Quasi-suspect classification
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Breach
49. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Strict liability
'in pari delicto'
Verdict
Civil liability
50. A supervening stature makes a contract illegal - and thereby makes performance impossible
Motion to strike
Regulation S of the Securities Act
Condition subsequent
Supervening illegality