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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. When a court believes that a contract is so one-sides and unfair that it would be unconscionable to enforce it. (Two different types are substantive and procedural) A contract becomes voidable
Unconscionability
Levels of courts
Clayton Act
Control persons
2. There is no contract between the employer and employee - and therefore - either the employee or the employer can terminate the employment relationship at any time for any reason.
Federal Trade Commission (FTC)
Answer
Employee-at-will
Specific performance
3. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Section 4 of the Securities Act
Consideration
Fair Debt Collection Act
Workers compensation laws
4. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Offer
Strict liability
Gramm-Leach-Bliley Act
Expropriation
5. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Unilateral contract
Security agreement
Chapter 11 of the Code
Monopoly
6. Ethical behavior is guided by duties or obligation. John Locke referred to these obligations as 'natural rights' that are natural - universal - and inalienable (as seen in the Declaration of Independence)
Consumer protection
Uniform Laws
Demand assurance
Deontological
7. An exemption for certain small offerings
Obligee
Product liability
Regulation A of the Securities Act
Age Discrimination in Employment Act (ADEA)
8. 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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9. 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
Social Security Administration
Objective standard
Design defect
Anticipatory repudiation
10. Laws that states have passed that aim at regulating securities transactions within their states.
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11. The defendant intended the product to cause harm or know that it was likely to occur. The defendant's conduct fell below the appropriate standard of care. Qualifies as negligence - because the defendant is a supplier because he has a duty. The defend
Liability based on intentional tort
National Labor Relations Board
Securities and Exchange Commission
Writ of habeas corpus
12. 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.'
Beneficiary's rights
Excuse of condition
Creditor beneficiary
Civil liability
13. 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
Trust
National Treatment
Misappropriation theory
Clayton Act
14. 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
Equal protection
Resource Conservation and Recovery Act
Chapter 11 of the Code
Reliance damages
15. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Ordinances
Age Discrimination in Employment Act (ADEA)
Bona fide occupational qualification
Negative causation
16. 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
Promisor's rights (in relation to the beneficiary)
Implied terms
'Mirror image' rule
17. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Design defect
Restatement (Second) of Contracts
Foreign Sovereign Immunities Act
National Labor Relations Board (NLRB)
18. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Federal district court
'clear and present'
Preponderance of evidence
Mistake
19. He has the enforceable right against the obligor because he is considered the real party interest.
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20. Regulates air and water pollution as well as address problems associated with certain toxic substances
Model Rules of Professional Conduct
Total breach
Accord
Environmental Protection Agency
21. Legally recognized injury
Taking a contract 'out of the Statute of Frauds'
Administrative Procedure Act
Injury-in-fact
Fair Labor Standards Act (FLSA)
22. These are approximate damages to show the necessary amount to compensate the party if the breach had not occurred and the contract has been fully performed. Expectation damages are comprise of direct and consequential damages.
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23. When there is no bargained-for exchange - because there is no exchange.
Gift
Bureau of Customs and Border Protection
Uniform Laws
Regulation A of the Securities Act
24. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
Fraud
Adhesion
Judgment n.o.v.
Misrepresentation
25. 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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26. Treaties between two nations addressing investment concerns
Uniform Laws
Administrative law judges
Trial court
Bilateral investment treaties
27. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Rules of interpretation of a contract by a court
Revocability
Section 10(b) and Rule 10b-5 of the Exchange Act
Misstatement or omission
28. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
Social entity or stakeholder theory of the corporation
Goods
Subject matter jurisdiction
Penalty
29. 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.
Deliberation
Remediation
Investment contracts
Voluntarily proceeding
30. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Section 4 of the Securities Act
Oral argument
Substitutes of consideration
Demand assurance
31. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Writ of habeas corpus
Expropriation
Quasi-contract
Restatement (Second) of Contracts
32. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
Bilateral investment treaties
Creditor beneficiary
Charitable contributions
Content-neutral restrictions
33. 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
Rule 505 of Regulation D of the Securities Act
Expertised portion
Federal Rules of Civil Procedures
Diversity jurisdiction
34. The standards designed to reduce the presence of pollutants int eh air to levels that are consistent with promoting good health and preserving the environment. States must ensure that they are in compliance with such standards
Section 7A of the Clayton Act
National Ambient Air Quality Standards
Levels of courts
Incidental beneficiary
35. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Remand
Foreign Sovereign Immunities Act
Hung jury
Foreclosure
36. An exemption for offerings that occur primarily within one state.
Misstatement or omission
Rule 147 of the Securities Act
8-K
Executed exchange
37. These people are presumed to be incidental beneficiaries - so that they cannot sue the government. Nevertheless - this presumption is rebutted if (a) the government contract or a state clearly confers a private right of enforcement - or (b) the gover
Statutory Seller
Administrative law judges
Intended beneficiaries of government contract
Federal Information Act
38. Duties that involve some personal service or skill or that would materially change the obligor's expectancy under the contract may not be delegated without the obligee's consent. When a contract prohibit assignment - then it also cannot be delegated.
'due process'
Pretexting
Duties that cannot be delegated
Restatement (Second) of Contracts
39. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Motion to strike
Motion of directed verdict or of dismissal
Duress
Fair Labor Standards Act (FLSA)
40. If the parties to a contract state that consideration has been given - but it was not - then the statement will be viewed as sham consideration and be legally insufficient.
Federal question jurisdiction
Non-recoverable damages
Sham consideration
Fair Debt Collection Act
41. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Exclusive distributor agreements
Attachment
Assignment of rights
Monopoly
42. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Nonexpertized portions
Concurrent conflict of interests
Changed circumstances that allow a party to be excused from performance under the contract
Fair Debt Collection Act
43. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
National Labor Relations Act
Reporting company
Inadequate warning defect`
Clean Water Act
44. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Condition precedent
Token consideration
Mistake
Expertised portion
45. 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
Foreign Corrupt Practices Act
Affirmative defenses
Clean Air Act
Title VII of the Civil Rights Act of 1964
46. Not discriminating against foreign product - thereby treating all products within their border equally
Accord
'meeting of the minds'
Incidental beneficiary
National Treatment
47. 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
Rule 12b (6) motion
Uniform Laws
Supervening illegality
Oral argument
48. 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
Mistake
Workers compensation laws
Voluntarily proceeding
10-Q
49. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Substantive unconscionability
Joint obligation
Civil Law
Other constituency statutes
50. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Legal capacity
'Infants' or 'minors'
Unjust enrichment
Securities