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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. Rules of ethics that govern the practice of law and the conduct of lawyers
'Mailbox' rule
Legal ethics
Anticipatory repudiation
'Infants' or 'minors'
2. 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
Toxic Substances Control Act
Administrative Procedure Act
Prospectus
Truth in Lending Act
3. 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
Writ of certiorari
Procedural unconscionability
Strict liability
Gift
4. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
Production quotas
'clear and present'
Duress
5. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Misstatement or omission
Substantive unconscionability
Standing
Truth in Lending Act
6. 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
Chapter 13 of the Code
Collective bargaining
Clean Water Act
'Blue sky' laws
7. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
Remand
Rules of construction
Foreign Corrupt Practices Act
Collateral
8. A contract entered into by a person who is intoxicated (by alcohol or drugs) is also voidable by the intoxicated person. This can be done by proving that he did not understand the nature and significance of her actions - or the other party had reason
Scienter
Contract with intoxicated persons
Changed circumstances that allow a party to be excused from performance under the contract
Delegation
9. 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 -
Levels of courts
Substitutes of consideration
Gratuitous assignment
General jurisdiction
10. An exemption for offerings that occur primarily within one state.
Securities Act
Rule 147 of the Securities Act
Beneficiary's rights
Equal Credit Opportunity Act
11. Employers make payments to retired employees based on the length of their employment and the wages they received.
Contract with intoxicated persons
Defined benefit plans
Unsecured creditor
The Family and Medical Leave Act
12. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
General Agreement on Tariffs and Trades
Production quotas
Assignor
Administrative law judges
13. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Token consideration
Uniform Laws
Levels of courts
Revocability
14. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Affirmative defenses
Tie-in agreement
National Institute for Occupational Health
Appellee or respondent
15. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Assignee's rights
Public company
Secured transaction
Donee beneficiary
16. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Taking a contract 'out of the Statute of Frauds'
Social entity or stakeholder theory of the corporation
Adhesion
'in pari delicto'
17. Hindrance (a party prevents a condition from occurring) - a party's material breach - a party's anticipatory repudiation - a party's substantial performance - and an agreed upon waiver.
Gramm-Leach-Bliley Act
Attorney/client privilege
Sherman Act
Excuse of condition
18. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Tie-in agreement
Attachment
Supreme Court powers
Mutual mistake
19. 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.
Injury-in-fact
Res judicata
Restatement (Second) of Contracts
Obligor
20. 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
Bargained-for-exchange
Retraction
The Statute of Frauds
Section 12(a)(2)
21. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Changed circumstances that allow a party to be excused from performance under the contract
Consumer protection
The Council on Environmental Quality
Truth in Lending Act
22. Prohibit discrimination based on pregnancy or childbirth
Exchange Act Regulations
Expectation damages (also known as the 'benefit of the bargain')
Pregnancy Discrimination ACt
Section 4 of the Securities Act
23. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Trust
Procedural unconscionability
Liquidated damages clause
Unjust enrichment
24. A trust formed to dominate an industry
Organization for Economic Co-operation and Development (OECD)
Monopoly
Regulation A of the Securities Act
Defined benefit plans
25. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Legal detriment
Equal protection
Plaintiff
Federal Trade Commission (FTC)
26. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Legal capacity
'in pari delicto'
Other constituency statutes
Shareholder primacy
27. It represents notice that a lawsuit has been filed against the defendant
Statutory Seller
Summons
Securities and Exchange Commission
Diversity jurisdiction
28. It regulates chemical substances
Section 10(b) and Rule 10b-5 of the Exchange Act
Toxic Substances Control Act
Revocability
Bureau of Customs and Border Protection
29. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
Commercial speech
Economic waste
Substantive unconscionability
Federal Trade Commission (FTC)
30. Laws designed to ensure that employees who have work-related injuries receive compensation for those injuries without having to engage in litigation. Each state has worker's compensation statute - setting forth a specific level of benefits that emplo
Implied contract
Motion for a more definitive statement
Workers compensation laws
Token consideration
31. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Bilateral investment treaties
Equal Employment Opportunity Commission (EEOC)
Federal Trade Commission
Federal question jurisdiction
32. What the courts uses to assess whether or not a particular restraint (trusts that restrain trade) is reasonable (is it economically efficient)
'Past consideration'
The Family and Medical Leave Act
Rule of reason
Breach
33. When the creditor initiates the proceedings.
Involuntary proceeding
Enabling acts
'Mailbox' rule
Lien
34. Seeks to promote market economics and democratic governments
Organization for Economic Co-operation and Development (OECD)
Occupational Safety and Health Administration (OSHA)
Plaintiff
Mistake
35. 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
Misappropriation theory
Employee-at-will
Accord
Effect of delegation
36. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
Appellate jurisdiction
Pension Benefit Guaranty Corporation (PBGC)
National Labor Relations Board
Trust
37. The right to hold a security interest on a debtor's property.
Adhesion
Lien
Collateral
Section 10(b) and Rule 10b-5 of the Exchange Act
38. Words or actions an individual may have intended - but did not communicate
The Family and Medical Leave Act
Criminal Law
Process of appealing a case through the three levels of court
Subjective intent
39. The written set of charges against the defendant - which is presented to a grand jury.
Security agreement
Corporate social responsibility
Indictment
Administrative Procedure Act
40. Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability - which means 'open to punishment for a crime.'
Strict liability
Civil liability
Unemployment compensation laws
'meeting of the minds'
41. The promisor's failure to perform in accordance with the terms of the contract
Securities and Exchange Commission
Breach
Section 12(a)(2)
Rule of reason
42. 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
Contract with intoxicated persons
Remand
The Environmental Quality Report
Section 4 of the Securities Act
43. People who are below the age of majority (which varies from state to state). Any contract that they are a part of is void - unless - (a) sometimes when the minor intentionally misrepresented his age and caused the other party to rely on teh misrepres
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44. A company subject to the Exchange Act
Consideration
Substantial performance
Rule 506 of Regulation D of the Securities Act
Reporting company
45. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Performance
Exchange Act Regulations
Utilitarianism
Verdict
46. 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.
Unconscionability
Limited jurisdiction
Section 701 of the Securities Act
Domicile
47. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Administrative Procedure Act
Investment contracts
Model Rules of Professional Conduct
'due process'
48. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
Executed exchange
Remediation
Secured transaction
49. 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.
Fair Labor Standards Act (FLSA)
Administrative Procedure Act
Voluntarily proceeding
Demurrer
50. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Post-trial motions
Revocability
Verdict
10-K