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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 order prohibiting a party from engaging in certain conduct. A count will only issue an injunction if the damage remedy is inadequate and the injunction is necessary to prevent irreparable harm to the non-breaching party.
The Statute of Frauds
Involuntary proceeding
Model Rules of Professional Conduct
Injunction
2. 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
Limited jurisdiction
Clean Air Act
Process of appealing a case through the three levels of court
Misrepresentation
3. 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
Total breach
Automatic stay
Accord
Commercial speech
4. 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
Performance
Administrative Procedure Act
Ordinances
Collateral
5. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Fair Labor Standards Act (FLSA)
Verdict
10-Q
Commencing a lawsuit
6. 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
7. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Exclusive distributor agreements
Changed circumstances that allow a party to be excused from performance under the contract
Misstatement or omission
Parol Evidence Rule
8. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Promisee's rights
Parol Evidence Rule
Deliberation
Public company
9. Enacted in 1969 to protect the environment from the actions of public or private actors. It declared a policy and promoted efforts to prevent or eliminate environmental damage. It also ensures that public and private actors better understand the ecol
National Environmental Policy Act (NEPA)
Revocability
Remand
Misappropriation theory
10. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Intended beneficiaries of government contract
Section 11 of the Securities Act
'in pari delicto'
Social Security Administration
11. The documents that parties file in connection with their lawsuit
Public company
Pleadings
Fair Labor Standards Act (FLSA)
Contract
12. 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
Manufacturing defect
Common Law
Gratuitous assignment
Quasi-suspect classification
13. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Performance
Penalty
Commercial speech
Specialized federal courts
14. 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.
Intended beneficiary
Rule 144 of the Securities Act
Unilateral contract
Promise
15. 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.
Clayton Act
Federal Environmental Pesticide Control Act
Mental incapacity
Restatement (Second) of Contracts
16. Both a rejection and termination of the original offer.
Motion of directed verdict or of dismissal
Securities
Materiality
Counteroffer
17. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Mutual rescission
'Takings'
Accredited investor
Trust
18. One of the primary federal federal statutes
Anticipatory repudiation
Satisfaction
National Ambient Air Quality Standards
Securities Act
19. 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
Demand assurance
Misappropriation theory
Verdict
National Labor Relations Act
20. 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
Section 12 (a)(1) of the Securities Act
Express contract
Consideration
21. 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
'Blue sky' laws
Scienter
Design defect
Corporate social responsibility
22. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Implied contracts
Supreme Court powers
Bilateral treaties
Unilateral contract
23. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Bureau of Consumer Protection
Offer
Attorney/client privilege
Inadequate warning defect`
24. 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
'Mailbox' rule
Preponderance of evidence
Bilateral treaties
25. Contracts that are formed for the intended benefit of some third party.
Third party beneficiary
Writ of habeas corpus
Chapter 11 of the Code
Federal question jurisdiction
26. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Clean Air Act
Complete or total integration
Strict liability
Accredited investor
27. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Demurrer
Diversity jurisdiction
Procedural unconscionability
Expertised portion
28. 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
Pre-existing duty
Gratuitous assignment
Deontological
'Takings'
29. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Revocation
Rules of construction
Subjective intent
Nonexpertized portions
30. 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
31. The obligee who officially assigned over his rights
Penalty
Affirmative defenses
Motion of directed verdict or of dismissal
Assignor
32. When a party unlawfully indicate that he will not perform when the performance is due.
Accredited investor
Anticipatory repudiation
Secured transaction
Restatement (Second) of Contracts
33. 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
Termination of an invitation to make an offer
Section 7A of the Clayton Act
Statute of limitations
Expectation damages (also known as the 'benefit of the bargain')
34. It is a general rule referring to circumstances in which agreements must be in writing - and by extension when oral agreements will be unenforceable. Basic agreements that are covered by the Statute: 1) A promise by an executor to pay the estate's d
Objective standard
Motion
Mental incapacity
The Statute of Frauds
35. A court reference to the notion that there must be mutual agreement about the exchange to be performed
36. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
37. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Misappropriation theory
Judgment n.o.v.
10-Q
38. It regulates chemical substances
Partial or trivial breach
Toxic Substances Control Act
Attorney/client privilege
Who is liable
39. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
10-Q
Fair Debt Collection Act
Social Security Act
Contract with intoxicated persons
40. Manages the nation's social security system
The Social Security Administration
'de nuvo'
Obligor
Partial or trivial breach
41. An exemption for transactions involving offerings to employees.
Summons
Any statutory seller
Foreclosure
Section 701 of the Securities Act
42. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
8-K
Specific performance
Mental incapacity
Indictment
43. Oversees the purchase and sale of securities
Deliberation
Product liability
Securities and Exchange Commission
Pleadings
44. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Plaintiff
Contract with intoxicated persons
Horizontal agreement
Complete or total integration
45. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Proxy
10-K
Consideration
Discharge of contract
46. The person being sued
Trust
When an assignment becomes void
Appellant
Defendant
47. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Attachment
Procedural unconscionability
Levels of courts
Lien
48. It is a document containing information that must be delivered to investors prior to their securities' purchase. It is designed to contain all the information that an investor needs to evaluate the security and risk associated with purchasing the sec
Judicial review
Prospectus
Manufacturing defect
Appellate jurisdiction
49. Automatic violations of the Sherman Act
Condition concurrent
Product liability
Per se
Counteroffer
50. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Adhesion
Defined contribution plan
Reporting company
Supreme Court powers