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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. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
Summons
Examples of Uniform Laws
Economic waste
2. 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
Specific performance
Occupational Safety and Health Administration (OSHA)
Employee-at-will
3. Obtaining consumer's private financial information under false pretenses
National Ambient Air Quality Standards
Obligor's rights
Pretexting
Ordinances
4. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
Federal Trade Commission
Employee-at-will
Proxy
Donee beneficiary
5. A trivial defect in performance (the opposite of material breach).
Unemployment compensation laws
Americans with Disabilities Act (ADA)
Substantial performance
Foreign Corrupt Practices Act
6. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
'Mailbox' rule
Mental incapacity
Federal Trade Commission (FTC)
Liquidated damages clause
7. A situation where one person unfairly benefits from a transaction
Employment discrimination
Unjust enrichment
Misrepresentation
Legal ethics
8. 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.
'Ffour corners'
Equal Employment Opportunity Commission (EEOC)
Scienter
Federal Trade Commission
9. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Chapter 7 of the Code
Sham consideration
Statutory Seller
Substantial performance
10. The right to hold a security interest on a debtor's property.
Social entity or stakeholder theory of the corporation
Content-neutral restrictions
Informed consent
Lien
11. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Assignment of rights
Implied contract
Fair Debt Collection Act
Export Administration Act (EAA)
12. 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
Civil Law or Code Law
Performance
Reliance damages
Commencing a lawsuit
13. Discrimination based on race or sex
Market division
Employment discrimination
Pregnancy Discrimination ACt
'Ffour corners'
14. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Trust
Condition concurrent
Verdict
Judgment n.o.v.
15. It represents a request for the court to take some action. A motion can be filed by a defendant.
Motion
Rule of reason
Secured transaction
Verdict
16. 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.'
Market division
Effect of delegation
Civil liability
Substitutes of consideration
17. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Federal Trade Commission (FTC)
Injury-in-fact
The Statute of Frauds
Liquidated damages clause
18. 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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19. A supervening stature makes a contract illegal - and thereby makes performance impossible
Diversity jurisdiction
Supervening illegality
Breach
10-Q
20. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Content-neutral restrictions
Duress
Prospectus
Pleadings
21. It regulates chemical substances
Intended beneficiaries of government contract
Toxic Substances Control Act
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Option contract
22. 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.
Malpractice
Federal Insurance Contributions Act
Criminal Trial
Rational basis test
23. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Shareholder primacy
Verdict
Diversity jurisdiction
Intended beneficiary
24. Laws that states have passed that aim at regulating securities transactions within their states.
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25. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Procedural unconscionability
Judgment n.o.v.
Condition subsequent
Social Security Act
26. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Consumer protection
Rule 504 of Regulation D of the Securities Act
Condition precedent
Post-trial motions
27. It is an action to avoid unjust enrichment.
Restitution
Pleadings
Section 10(b) and Rule 10b-5 of the Exchange Act
Res judicata
28. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Expectation damages (also known as the 'benefit of the bargain')
Contract law
General Agreement on Tariffs and Trades
'in pari delicto'
29. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Foreclosure
Appellate jurisdiction
Concurrent conflict of interests
Specific performance
30. 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).
Total breach
Counterclaims
Export Administration Act (EAA)
Affirm or disaffirm
31. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Burden of proof
Manufacturing defect
National Labor Relations Board (NLRB)
Offer
32. 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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33. 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
Assignment of rights
Design defect
Satisfaction
Penalty
34. A person who is not an intended beneficiary
Superfund
Section 7A of the Clayton Act
Adhesion
Incidental beneficiary
35. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Truth in Lending Act
Fair Debt Collection Act
Short swing profits
Res judicata
36. 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
Pretexting
Common Law
Intended beneficiaries of government contract
Plaintiff
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.
Accord
Jurisdiction
Promise
Treaties authority
38. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
Defined contribution plan
General jurisdiction
Contract law
Rational basis test
39. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
Obligor
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Section 5 of the Securities Act
Civil liability
40. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Securities Exchange Act of 1934
Accredited investor
Regulation D of the Securities Act
Fair Debt Collection Act
41. Twelve members of jury that hear the evidence at the trial court. The Judge rules on the evidence and guides the jury on questions of law and proper rules of procedure.
Administrative Procedure Act
Criminal Trial
Petit jury
Satisfaction
42. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Security interest
Injury-in-fact
Collateral
Assignee's rights
43. 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
Per se
Retraction
Duties that cannot be delegated
Economic waste
44. 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).
Product liability
Motion of directed verdict or of dismissal
Original jurisdiction
Procedural unconscionability
45. Regulates the handling of the pesticides being exported from and imported into the U.S.
Federal circuit court of appeals and the federal court of appeals
Federal Environmental Pesticide Control Act
Reliance
Toxic Substances Control Act
46. 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
Section 7A of the Clayton Act
Chapter 13 of the Code
Termination of an invitation to make an offer
Duties that cannot be delegated
47. 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.
Federal Rules of Civil Procedures
Duties that cannot be delegated
Occupational Safety and Health Administration (OSHA)
Third party beneficiary
48. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Rule of reason
Sherman Act
Condition subsequent
Unilateral contract
49. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
'Mailbox' rule
Penalty
Commencing a lawsuit
Contract law
50. 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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