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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. Administers federal labor laws
'Infants' or 'minors'
Workers compensation laws
Contracts that prohibit assignment
National Labor Relations Board
2. 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
Discharge of contract
Supreme Court powers
Rule 12b (6) motion
Preponderance of evidence
3. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Resource Conservation and Recovery Act
Federal Rules of Civil Procedures
Production quotas
Regulation D of the Securities Act
4. (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
Misappropriation theory
Subject matter jurisdiction
Restitution and rescission
5. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
8-K
Taking a contract 'out of the Statute of Frauds'
Restitution and rescission
Reliance
6. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Intended beneficiaries of government contract
Duty to mitigate
Tender offers
Legal capacity
7. 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.
Writ of habeas corpus
Mistake
Material breach
Non-recoverable damages
8. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
Partial or trivial breach
Per se
Environmental Protection Agency (EPA)
Pregnancy Discrimination ACt
9. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Administrative law judges
Reliance damages
A motion of summary judgement
Social Security Act
10. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Writ of certiorari
Mutual rescission
Levels of courts
Judicial review
11. A trust formed to dominate an industry
Undue influence
Monopoly
Summons
Export Administration Act (EAA)
12. 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
Motion of directed verdict or of dismissal
Strict liability
Rule 505 of Regulation D of the Securities Act
Partial or trivial breach
13. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
Process of appealing a case through the three levels of court
Unemployment compensation laws
Beneficiary's rights
Misappropriation theory
14. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Nonexpertized portions
Trademark
Stare decisis
Federal Rules of Civil Procedures
15. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
Who is liable
Intended beneficiaries of government contract
Securities Act Registration
Deliberation
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.
Original jurisdiction
Vertical agreements
Goods
Quasi-suspect classification
17. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
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18. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Monopoly
Changed circumstances that allow a party to be excused from performance under the contract
Unilateral mistake
Federal question jurisdiction
19. 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
Rule 506 of Regulation D of the Securities Act
Federal Communications Commission
Strict liability
Pension Benefit Guaranty Corporation (PBGC)
20. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Adhesion
Federal Insurance Contributions Act
Securities Exchange Act of 1934
Parol Evidence Rule
21. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Federal circuit court of appeals and the federal court of appeals
Equal protection
Section 12(a)(2)
Unsecured creditor
22. 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.
Rule 144 of the Securities Act
Legal ethics
Equal protection
Rule 147 of the Securities Act
23. The person to whom the right is assigned
Private placement
Assignee
Affirm or disaffirm
Social entity or stakeholder theory of the corporation
24. The promisor's failure to perform in accordance with the terms of the contract
Securities and Exchange Commission
Breach
Discovery
Intended beneficiaries of government contract
25. It regulates chemical substances
Contracts that prohibit assignment
Informed consent
Defenses against liability of misrepresentations or omissions
Toxic Substances Control Act
26. It is a judgment notwithstanding the verdict requires the court to find that the evidence does not support the jury's verdict. If the court makes such a finding - it will overturn the jury's verdict.
Indictment
Vesting of beneficiary's rights
Judgment n.o.v.
Equal protection
27. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Section 701 of the Securities Act
When an assignment becomes void
Group boycotts
Executed exchange
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
Defendant
Prosecution
Commencing a lawsuit
Trademark
29. It is a pre-trial motion to take out certain matters
Motion to strike
Trust
Unilateral contract
Remand
30. A situation where one person unfairly benefits from a transaction
Unjust enrichment
Procedural unconscionability
Pre-existing duty
Remand
31. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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32. 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
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33. 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
Novation
Rational basis test
Section 7A of the Clayton Act
Beneficiary's rights
34. 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
Price fixing
Specialized federal courts
Occupational Safety and Health Administration (OSHA)
Export Administration Act (EAA)
35. The person being sued
Defendant
Rational basis test
Consideration
Appellant
36. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Shareholder primacy
Bureau of Customs and Border Protection
Lanham Act
10-Q
37. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Administrative Procedure Act
Section 12(a)(2)
Mutual mistake
Utilitarianism
38. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Export Administration Act (EAA)
Appellate jurisdiction
Rational basis test
'in pari delicto'
39. It is a report prepared by the president. It includes an assessment of the environment and environmental policies - current and future environmental trends as well as potential remedies for deficiencies in the the nation's environmental programs and
The Environmental Quality Report
Regulation S of the Securities Act
Secured transaction
National Labor Relations Board
40. Under Section11 - the issuer - its directors - the chief executive officer - the chief financial officer - the underwriter - and any expert is liable. The issuer can avoid liability if he can show negative causation.
Employee Retirement Income Security Act (ERISA)
Who is liable
Rule 505 of Regulation D of the Securities Act
Clean Air Act
41. 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.
Misstatement or omission
Nonexpertized portions
'de nuvo'
Implied contracts
42. 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)
Age Discrimination in Employment Act (ADEA)
Private placement
Defined contribution plan
Option contract
43. 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
Substantive unconscionability
Common Law
Charitable contributions
Levels of courts
44. 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.
Securities Act
Injunction
Ordinances
Bureau of Consumer Protection
45. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Consequentialism
Undue influence
Exempt securities and transactions
46. The right of both parties to gain information concerning the other party and her witnesses.
Discovery
Accredited investor
General Agreement on Tariffs and Trades
Appellate jurisdiction
47. 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
Chapter 7 of the Code
Vesting of beneficiary's rights
Lanham Act
48. The primary doctrine used to substitute for consideration is promissory estoppel or detrimental reliance. Under that doctrine - a promise will be enforced without consideration under the following conditions: (a) The promisor should reasonably expect
Substitutes of consideration
Security interest
Offer
Pleadings
49. A promise that is inferred from a person's conduct or the circumstances of the transaction
Implied contract
Priority of secured transactions
Writ of habeas corpus
Motion for a more definitive statement
50. An exemption for offerings that occur primarily within one state.
8-K
Affirm or disaffirm
Design defect
Rule 147 of the Securities Act