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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. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Foreign Corrupt Practices Act
Consequentialism
Duty to mitigate
Regulation D of the Securities Act
2. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Resource Conservation and Recovery Act
Securities and Exchange Commission
Export Administration Regulations (EAR)
Bargained-for-exchange
3. 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
Sham consideration
Bilateral treaties
Administrative Procedure Act
Condition subsequent
4. 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)
Suspect classification
Priority of secured transactions
Accredited investor
5. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Obligee
Equal Pay Act (EPA)
National Environmental Policy Act (NEPA)
Charitable contributions
6. 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
Summons
National Labor Relations Board (NLRB)
Satisfaction
7. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Materiality
Gramm-Leach-Bliley Act
Shareholder primacy
Strict liability
8. A quarterly report required by the Exchange Act
Vertical agreements
10-Q
Strict liability
Consumer protection
9. Model Business Corporations Act and the Uniform Partnership Act of 1914 - which was superceded by the Uniform Partnership Act of 1984
Export Administration Act (EAA)
Duress
Securities and Exchange Commission
Examples of Uniform Laws
10. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Rule 505 of Regulation D of the Securities Act
Stare decisis
Duress
Defendant
11. 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
Counterclaims
Foreign Sovereign Immunities Act
Unilateral mistake
Express contract
12. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
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13. 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
Affirmative defenses
Prospectus
Affirm or disaffirm
Post-trial motions
14. 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
Section 12 (a)(1) of the Securities Act
The Council on Environmental Quality
Product liability
Horizontal agreement
15. The written set of charges against the defendant - which is presented to a grand jury.
Clayton Act
8-K
Indictment
Prosecution
16. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
The Environmental Quality Report
Nonexpertized portions
Subjective intent
Horizontal agreement
17. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
A motion of summary judgement
Concurrent conflict of interests
Social Security Act
Defined contribution plan
18. He has the enforceable right against the obligor because he is considered the real party interest.
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19. If a performance has already occurred - or a promise has already been made - then it generally cannot serve as the basis for consideration because it cannot be considered to have induced a bargain. Therefore - 'past consideration' is insufficient.
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20. 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
Rule 144 of the Securities Act
Security interest
Resource Conservation and Recovery Act
Federal Trade Commission
21. 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
Clean Air Act
Collective bargaining
Rules of construction
Condition precedent
22. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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23. Place of permanent residence
'Past consideration'
Accord
Domicile
Commercial speech
24. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Personal jurisdiction
Social entity or stakeholder theory of the corporation
Original jurisdiction
Product liability
25. 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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26. Laws created by city councils or county boards - aimed at local matters
Assignment of rights
Equal Credit Opportunity Act
Motion to strike
Ordinances
27. 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
Chapter 7 of the Code
Mutual mistake
Clean Water Act
Price fixing
28. 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
The Statute of Frauds
Federal Communications Commission
Group boycotts
Gift
29. The right to hold a security interest on a debtor's property.
Option contract
Counteroffer
Lien
Control persons
30. Safeguards consumer's personal information by ensuring that financial institutions that have access to private financial information have protection plans for that information - ensures that consumers receive better disclosure regarding a financial i
Manufacturing defect
'meeting of the minds'
Gramm-Leach-Bliley Act
Enabling acts
31. A perfected security interest takes priority over unperfected security interest. While the first person to file his security interest has priority. If neither party perfected by filing - then the first person to perfect her security interest has prio
Multilateral treaties
Priority of secured transactions
Verdict
Implied terms
32. The exchange of promises or an exchange of a promise for a performance.
Secured transaction
Bargained-for-exchange
Option contract
Superfund
33. Agreements between buyers and sellers - price-related agreements are per se illegal. Such agreements require court scrutiny based on the rule of reason in order to be held illegal.
Remediation
Parol Evidence Rule
Promisor's rights (in relation to the beneficiary)
Vertical agreements
34. The documents that parties file in connection with their lawsuit
Quasi-contract
'Takings'
Pleadings
Trademark
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. It is the right to receive notice of any actions that would deprive a person of life - liberty - or property - and allows for the person to have the opportunity to present a case in a fair procedure before a neutral decision-maker. A clause found in
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37. Responsibility of a seller or manufacturer for any defective product unduly threatening personal safety
Unjust enrichment
Implied contract
Strict liability
Fair Debt Collection Act
38. 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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39. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Condition subsequent
Social Security Act
Remand
Civil Law or Code Law
40. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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41. Employers make payments to retired employees based on the length of their employment and the wages they received.
Clean Air Act
Organization for Economic Co-operation and Development (OECD)
Liquidated damages clause
Defined benefit plans
42. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
The Environmental Quality Report
Judgment n.o.v.
Federal Trade Commission (FTC)
Clayton Act
43. A distinct mark or symbol that identifies a business and its products
'de nuvo'
Trademark
Scienter
Rule 147 of the Securities Act
44. 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 -
10-Q
Materiality
Civil Law or Code Law
Gratuitous assignment
45. 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
Remediation
Federal Communications Commission
Retraction
Promise
46. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Treaties authority
Corporate social responsibility
Changed circumstances that allow a party to be excused from performance under the contract
Intended beneficiaries of government contract
47. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Liquidated damages clause
Collective bargaining
Delegation
Assignment of rights
48. A small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Federal Environmental Pesticide Control Act
Token consideration
Employee-at-will
Assignor
49. 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
Duress
The Environmental Quality Report
Pleadings
Legal ethics
50. The difference between the value of the property as substantially complete and the value of the property upon full performance
Third party beneficiary
Rule of reason
Diminution in value
Equity of redemption