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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. A supervening stature makes a contract illegal - and thereby makes performance impossible
Enabling acts
Economic waste
Supervening illegality
Malpractice
2. 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.
Horizontal agreement
Plaintiff
Scienter
Motion of directed verdict or of dismissal
3. The party seeking to appeal the previous court's decision
Appellant
Statutory Seller
Exclusive dealing agreement
Condition
4. Actual performance of an obligation
Securities and Exchange Commission
Satisfaction
Original jurisdiction
Group boycotts
5. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Oral argument
Rule 505 of Regulation D of the Securities Act
Charitable contributions
Reliance
6. A pre-trial motion when the pleadings are vague or ambiguous.
Utilitarianism
Levels of courts
Legal detriment
Motion for a more definitive statement
7. Regulates trusts and monopolies
Commercial speech
Federal Trade Commission
Clean Air Act
Misappropriation theory
8. 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
Judicial review
Obligor
Section 701 of the Securities Act
Bilateral Investment Treaty program
9. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Mutual mistake
Scienter
Demurrer
United States Bankruptcy Code ('Code')
10. 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
Per se
'de nuvo'
Clean Air Act
Mutual mistake
11. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
National Labor Relations Board (NLRB)
Unsecured creditor
Excuse of condition
Workers compensation laws
12. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Export Administration Regulations (EAR)
Consideration
Condition precedent
Expectation damages (also known as the 'benefit of the bargain')
13. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Substantive unconscionability
Attorney/client privilege
Expertised portion
Social Security Act
14. 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).
Stare decisis
Duress
'in pari delicto'
Affirm or disaffirm
15. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Social Security Administration
Liquidated damages clause
Clean Water Act
Section 12(a)(2)
16. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Administrative law judges
Charitable contributions
Criminal Trial
Section 12 (a)(1) of the Securities Act
17. 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.
Enabling acts
Clean Water Act
Materiality
Satisfaction
18. Regulates air and water pollution as well as address problems associated with certain toxic substances
The Social Security Administration
Complete or total integration
Criminal Law
Environmental Protection Agency
19. 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
Gift
Rule 506 of Regulation D of the Securities Act
Administrative Procedure Act
Remand
20. 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
Promise
Organization for Economic Co-operation and Development (OECD)
Partial or trivial breach
21. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Process of assignment
Mutual assent
Oral argument
Standing
22. Created through the Occupational Safety and Health Ac. It is federal administrative agency that works with employers and employees to ensure compliance with workplace safety standards. It requires employers to maintain information on employee acciden
Accord
Who is liable
Occupational Safety and Health Administration (OSHA)
Section 12(a)(2)
23. Acceptance is effective when the offeree sends it - no matter the type of communication. However - a revocation becomes valid when the offeree receives it. Again - if the offeree changes his mind - and sends two different messages - whichever reaches
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24. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Bilateral Investment Treaty program
Export Administration Act (EAA)
Equal Credit Opportunity Act
'Infants' or 'minors'
25. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Motion for a more definitive statement
Obligor
Federal Insurance Contributions Act
Joint obligation
26. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Employee Retirement Income Security Act (ERISA)
Vesting of beneficiary's rights
Lien
Affirmative defenses
27. Laws that states have passed that aim at regulating securities transactions within their states.
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28. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Answer
Bilateral investment treaties
Shareholder primacy
Supervening illegality
29. Punitive damage - non-economic damages - and attorneys' fees
Non-recoverable damages
Informed consent
Condition
Pretexting
30. If the promisor substantially performs under teh contract
Diminution in value
Section 7A of the Clayton Act
Partial or trivial breach
The Environmental Quality Report
31. 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
The Family and Medical Leave Act
Bureau of Customs and Border Protection
Mistake
32. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Workers compensation laws
'Mailbox' rule
Limited jurisdiction
Rule 506 of Regulation D of the Securities Act
33. 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
Consequentialism
Unilateral mistake
Social Security Administration
Production quotas
34. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Diminution in value
Section 5 of the Securities Act
Foreclosure
Unjust enrichment
35. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Deliberation
Implied contracts
Performance
Counteroffer
36. When the debtor voluntarily initiates the bankruptcy proceedings
Voluntarily proceeding
Duress
Occupational Safety and Health Administration (OSHA)
Informed consent
37. 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
Promise
Federal Trade Commission (FTC)
National Environmental Policy Act (NEPA)
Priority of secured transactions
38. Place of permanent residence
Domicile
Section 701 of the Securities Act
Collateral
Subject matter jurisdiction
39. Discrimination based on race or sex
Priority of secured transactions
Quasi-suspect classification
Employment discrimination
Commercial speech
40. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Prosecution
Toxic Substances Control Act
Objective standard
Process of assignment
41. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Section 10(b) and Rule 10b-5 of the Exchange Act
Collateral
Security interest
Intended beneficiary
42. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Sherman Act
Obligee
Fair Credit Reporting Act
Intended beneficiary
43. This means that each party to the contract must manifest or reveal her intent to be bound to a given exchange. Mutual assent is a requirement for a contract to be formed. There must be an offer and an acceptance.
Levels of courts
Per se
Mutual assent
Legal ethics
44. 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.
Content-neutral restrictions
Res judicata
Mutual mistake
Gift
45. It is an action to avoid unjust enrichment.
Inadequate warning defect`
Direct damages
Restitution
Treaties authority
46. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Fair Debt Collection Act
Condition concurrent
Third party beneficiary
Fair Labor Standards Act (FLSA)
47. It is the period in which a person may bring her claim. A contract becomes unenforceable after the statute of limitations has expired. A new contract must be created
Statute of limitations
Substantive unconscionability
Demurrer
Secured transaction
48. 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
Misstatement or omission
Rule 12b (6) motion
Multilateral treaties
49. 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
Process of appealing a case through the three levels of court
Scienter
Civil Law or Code Law
Any statutory seller
50. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
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