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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 product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Partial or trivial breach
Chapter 7 of the Code
Manufacturing defect
Superfund
2. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
Attorney/client privilege
Contract
Deliberation
3. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Trial court
Remediation
Post-trial motions
'clear and present'
4. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Bilateral investment treaties
Option contract
Proxy
Counterclaims
5. They represent the amount of money a party has spent in justifiable reliance on a contract.
Statute of limitations
Employment discrimination
Defined contribution plan
Reliance damages
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
Termination of an invitation to make an offer
Malpractice
Federal Trade Commission (FTC)
Bargained-for-exchange
7. Defenses that would prevent the plaintiff from holding the defendant liable
Federal Information Act
Affirmative defenses
Gratuitous assignment
The Statute of Frauds
8. The right to hold a security interest on a debtor's property.
Exempt securities and transactions
Legal ethics
Unconscionability
Lien
9. Courts that do no have broad subject matter jurisdiction because they can only hear particular types of cases. For example - Federal courts have limited jurisdiction and do not have broad subject matter jurisdiction.
Limited jurisdiction
Remediation
Gramm-Leach-Bliley Act
Assignee
10. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Obligee
Original jurisdiction
Expertised portion
Shareholder primacy
11. 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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12. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Gift
Equal Employment Opportunity Commission (EEOC)
National Labor Relations Board (NLRB)
Undue influence
13. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
National Environmental Policy Act (NEPA)
Legal capacity
Process of assignment
Motion of directed verdict or of dismissal
14. The person to extends credit or a loan - and hence the person to whom a debt is owed
Perfected
Creditor
Answer
Revocation
15. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Motion of directed verdict or of dismissal
Economic waste
Exclusive dealing agreement
Concurrent conflict of interests
16. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Exchange Act Regulations
Breach
Goods
Equity of redemption
17. 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
'Definite and certain'
Implied contract
Charitable contributions
Misappropriation theory
18. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Obligor's rights
Legal detriment
Promisor's rights (in relation to the beneficiary)
Lanham Act
19. The standards designed to reduce the presence of pollutants int eh air to levels that are consistent with promoting good health and preserving the environment. States must ensure that they are in compliance with such standards
National Ambient Air Quality Standards
Statutory Seller
Standing
Motion for a more definitive statement
20. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Mental incapacity
Adhesion
Unconscionability
Enabling acts
21. A condition that occurs at the same time as performance
Condition concurrent
Personal jurisdiction
Deliberation
Appellant
22. Previous decisions made by decisions - by which the current judges must abide by.
Counterclaims
Statute of limitations
Precedent
Defenses against liability of misrepresentations or omissions
23. 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
Substantive unconscionability
Retraction
Environmental Protection Agency
Promise
24. A body of rules and system based on the decisions that judges have made in the past about such cases. It originated in England. In the late 1700s - Sir William Blackstone published 'Commentaries on the Law of England' - which provides the most compre
Promise
Revocability
Common Law
Objective standard
25. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Discovery
Employee Retirement Income Security Act (ERISA)
Chapter 7 of the Code
Unilateral rescission
26. 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).
Affirm or disaffirm
Promisor's rights (in relation to the beneficiary)
Incidental beneficiary
Bilateral treaties
27. The creditor's security interest in real property
Enabling acts
Automatic stay
Mortgage
Satisfaction
28. When the breach is so central to the contract that it significantly impairs the contract's value to the promisee. In this case - the promisee cannot terminate the agreement - but he can sue and suspend his performance.
Res judicata
Material breach
Motion
Unsecured creditor
29. 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 -
Criminal Law
Promisor's rights (in relation to the beneficiary)
Civil Law or Code Law
Offer
30. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Promisor's rights (in relation to the beneficiary)
Regulation D of the Securities Act
Social Security Act
31. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
'Definite and certain'
Discovery
Security interest
Occupational Safety and Health Act
32. It is an action to avoid unjust enrichment.
Restitution
Levels of courts
Original jurisdiction
Equal Pay Act (EPA)
33. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
'Mailbox' rule
Section 5 of the Securities Act
Other constituency statutes
Domicile
34. The Hart-Scot-Rodino Act - which requires corporations to notify FTC and the U.S. Justice Department when they engage in a merger. Mergers are prohibited under the Act if the market related to the merger is substantially concentrated and if - after t
Collective bargaining
Direct damages
Section 7A of the Clayton Act
Illusory promise
35. He has the enforceable right against the obligor because he is considered the real party interest.
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36. 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.
Informed consent
Federal Insurance Contributions Act
Writ of habeas corpus
Deontological
37. Regulates radio - television - and other forms of interstate communications
Clayton Act
Federal Communications Commission
Substitutes of consideration
Chapter 11 of the Code
38. A distinct mark or symbol that identifies a business and its products
Trademark
Breach
Condition concurrent
Mortgage
39. 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
Stare decisis
Manufacturing defect
Consequentialism
Shareholder primacy
40. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Substantial performance
Joint obligation
Unilateral mistake
Revocation
41. 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.
Fraud
National Labor Relations Act
Demurrer
National Ambient Air Quality Standards
42. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
Attorney/client privilege
Gift
Perfected
Incidental beneficiary
43. This is when an assignment is not supported by consideration and is revocable. It will only become irrevocable when (a) the obligor has performed her obligations to the assignee - (b) the assignor delivers the assignment in writing to the assignee -
Lanham Act
Gratuitous assignment
Scienter
Counteroffer
44. 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.
Obligee
Total breach
Misstatement or omission
Strict liability
45. 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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46. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
'Definite and certain'
Charitable contributions
Consequential damages
Specific performance
47. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Clayton Act
Foreign Sovereign Immunities Act
Consideration
Condition concurrent
48. A person who is not an intended beneficiary
Materiality
Incidental beneficiary
Defenses against liability of misrepresentations or omissions
National Institute for Occupational Health
49. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c
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50. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
Taking a contract 'out of the Statute of Frauds'
Enabling acts
Duty to mitigate
Intended beneficiary