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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. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Excuse of condition
Oral argument
Incidental beneficiary
Section 5 of the Securities Act
2. One of the primary federal federal statutes
Federal circuit court of appeals and the federal court of appeals
Token consideration
Limited jurisdiction
Securities Act
3. 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
Section 12 (a)(1) of the Securities Act
'Takings'
Counteroffer
4. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
'Definite and certain'
Design defect
Attorney/client privilege
National Institute for Occupational Health
5. Ethical behavior is guided by duties or obligation. John Locke referred to these obligations as 'natural rights' that are natural - universal - and inalienable (as seen in the Declaration of Independence)
Deontological
Quasi-contract
'Mirror image' rule
Employment discrimination
6. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Express contract
Federal question jurisdiction
Total breach
Contracts that prohibit assignment
7. A supervening stature makes a contract illegal - and thereby makes performance impossible
Supervening illegality
Parol Evidence Rule
Executed exchange
Satisfaction
8. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Security interest
Exempt securities and transactions
Injury-in-fact
Private placement
9. (A form of consequentialism) It is the belief that an action is justified as long as it does the greatest good for the greatest number of people (Advocators: Jeremy Bentham and John Stuart Mill)
Utilitarianism
Levels of courts
Horizontal agreement
Gramm-Leach-Bliley Act
10. 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.
Injunction
Strict liability
Employee Retirement Income Security Act (ERISA)
Materiality
11. An exemption for transactions involving offerings to employees.
Clayton Act
Mutual rescission
Standing
Section 701 of the Securities Act
12. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
Foreclosure
Superfund
Res judicata
Discharge of contract
13. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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14. 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
Material breach
Condition concurrent
Accord
Foreign Sovereign Immunities Act
15. Torts and contracts... represents law that regulates the relationships between parties.
Civil Law
Public company
Affirm or disaffirm
Revocability
16. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Assignment of rights
Direct damages
Price fixing
Rule 505 of Regulation D of the Securities Act
17. 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.
National Labor Relations Act
Rational basis test
Rule 504 of Regulation D of the Securities Act
'Blue sky' laws
18. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Substantive unconscionability
Demurrer
Regulation D of the Securities Act
Public company
19. When the debtor voluntarily initiates the bankruptcy proceedings
The Social Security Administration
Truth in Lending Act
Changed circumstances that allow a party to be excused from performance under the contract
Voluntarily proceeding
20. Claims that the defendant has against the plaintiff
Exclusive distributor agreements
Counterclaims
Short swing profits
Burden of proof
21. A person who is not an intended beneficiary
'Past consideration'
Incidental beneficiary
Civil Law
Section 7A of the Clayton Act
22. Once a beneficiary's rights have vested - she has enforceable claim against the promisee because the promisee's act was gratuitous. The beneficiary's rights arise from the contract between the promisor and the promisee
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23. 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
Design defect
Implied terms
Rule 12b (6) motion
Statute of limitations
24. The party that won in the previous court trial - but the other party is appealing the decision.
Appellee or respondent
Satisfaction
Performance
'clear and present'
25. 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
National Ambient Air Quality Standards
Common Law
Plaintiff
Short swing profits
26. 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
Bureau of Consumer Protection
Rule 12b (6) motion
Regulation D of the Securities Act
Ordinances
27. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Production quotas
Grand jury
Social Security Act
Writ of certiorari
28. 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
Environmental Protection Agency
Bilateral Investment Treaty program
Sham consideration
Statute of limitations
29. 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)
Indictment
Liability based on intentional tort
Uniform Laws
National Ambient Air Quality Standards
30. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Regulation S of the Securities Act
Supervening illegality
Equal protection
Supreme Court powers
31. Obtaining consumer's private financial information under false pretenses
Injunction
Common Law
Pretexting
Res ipsa loquitor
32. 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
Charitable contributions
Occupational Safety and Health Act
Incidental beneficiary
33. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Writ of habeas corpus
'Ffour corners'
Criminal Trial
Defined contribution plan
34. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
The Council on Environmental Quality
Malpractice
Section 701 of the Securities Act
Production quotas
35. 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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36. 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
Gramm-Leach-Bliley Act
Federal circuit court of appeals and the federal court of appeals
Strict liability
37. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Exclusive dealing agreement
Personal jurisdiction
Accord
Criminal Trial
38. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Liquidated damages clause
Section 7A of the Clayton Act
Proxy
Effect of delegation
39. 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
Voluntarily proceeding
Horizontal agreement
Penalty
Discovery
40. 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
Specialized federal courts
Short swing profits
Other constituency statutes
Contracts that prohibit assignment
41. It regulates chemical substances
Market division
Mutual assent
Other constituency statutes
Toxic Substances Control Act
42. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
Employment discrimination
Novation
Misrepresentation
Scienter
43. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Equal protection
Charitable contributions
'Blue sky' laws
Breach
44. 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
Contract with intoxicated persons
Strict liability
Subjective intent
National Ambient Air Quality Standards
45. Directors - certain officers - and owners
Mutual assent
Procedural unconscionability
Control persons
Private placement
46. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
'Ffour corners'
Bargained-for-exchange
Equity of redemption
Rule 144 of the Securities Act
47. 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.
Delegation
Writ of habeas corpus
Condition precedent
Commencing a lawsuit
48. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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49. 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
Quasi-suspect classification
Diminution in value
Civil Law or Code Law
Economic waste
50. This is when the appellate court send the case back to the lower court for a new trial.
Promisee's rights
Duties that cannot be delegated
Equal Employment Opportunity Commission (EEOC)
Remand