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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. 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
Administrative Procedure Act
Unconscionability
Workers compensation laws
'meeting of the minds'
2. 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).
Lien
Manufacturing defect
Treaties authority
Unemployment compensation laws
3. An assignment becomes void when it conflicts with a statute or public policy - materially changes teh obligor's duty - increases the burden or risk imposed by the contract - impairs the obligor's prospects of getting a return performance - or substan
When an assignment becomes void
Civil Law
Price fixing
Securities Exchange Act of 1934
4. When an offeror terminates his offer before an agreement has been made (can be done through words). It can also be revoked when the offeror takes actions that are inconsistent with the intent to be bound (unless the offeree has paid to keep the offer
Revocation
Employment law
Unsecured creditor
Bilateral Investment Treaty program
5. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
Motion of directed verdict or of dismissal
Securities Exchange Act of 1934
Multilateral treaties
Diversity jurisdiction
6. An undertaking or commitment to act or refrain from acting in a specified way in the future. There is a 'promisor' and the 'promisee' - and sometimes a 'beneficiary' (someone else who benefits - but is outside the promise)
Promise
Rule 147 of the Securities Act
Exclusive distributor agreements
Counterclaims
7. 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
Perfected
Concurrent conflict of interests
Unsecured creditor
Consequential damages
8. (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)
Criminal Law
Unconscionability
Breach
Utilitarianism
9. Automatic violations of the Sherman Act
Per se
Criminal Trial
Occupational Safety and Health Act
Writ of certiorari
10. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
11. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Unemployment compensation laws
Scienter
Section 11 of the Securities Act
Shareholder primacy
12. Not discriminating against foreign product - thereby treating all products within their border equally
Condition concurrent
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Jurisdiction
National Treatment
13. Latin for 'the thing speaks for itself' - when a plaintiff establishes the harm would not ordinarily occur without someone's negligence - the instrument creating the harm was under the sole and complete control of the defendant at the time the harm o
'due process'
Res ipsa loquitor
'Blue sky' laws
Grand jury
14. An offer is not viewed as accepted unless the acceptance corresponded exactly with the terms of the offer. Therefore - any response by the offeree that changed the terms of the agreement would be treated as a rejection.
15. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Reliance damages
Automatic stay
Materiality
Motion to strike
16. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
Commencing a lawsuit
Defined contribution plan
National Treatment
17. When a contract is delegated - the obligee must accept the performance of the delegate. Unless the obligee agrees to release him from liability - the delegator remains liable under the contract until the delegate has performed. Once a delegate perfor
Effect of delegation
Consumer protection
Obligee
Short swing profits
18. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Affirmative defenses
Termination of an invitation to make an offer
Economic waste
Mistake
19. The property that is the subject of a security interest
Collateral
'Blue sky' laws
Partial or trivial breach
Fraud
20. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Trust
Securities and Exchange Commission
Lanham Act
Answer
21. A trivial defect in performance (the opposite of material breach).
Mutual rescission
Federal Rules of Civil Procedures
Foreign Sovereign Immunities Act
Substantial performance
22. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Assignment of rights
Contract
Non-recoverable damages
Legal ethics
23. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Age Discrimination in Employment Act (ADEA)
Organization for Economic Co-operation and Development (OECD)
Title VII of the Civil Rights Act of 1964
Oral argument
24. The principle used by courts when both parties are equally guilty of illegality - or when the party seeking restitution is more at fault than the other party
25. Seeks to promote market economics and democratic governments
Summons
Organization for Economic Co-operation and Development (OECD)
Companies that are subject to the exchange act (Reporting companies)
When an assignment becomes void
26. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
Control persons
'Infants' or 'minors'
Strict liability
27. Previous decisions made by decisions - by which the current judges must abide by.
Precedent
Plaintiff
Substantial performance
Section 4 of the Securities Act
28. A contract that is made where two promises are outstanding.
Demand assurance
Unsecured creditor
Section 10(b) and Rule 10b-5 of the Exchange Act
Bilateral contract
29. 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
Personal jurisdiction
Accord
Undue influence
30. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Process of appealing a case through the three levels of court
Exclusive distributor agreements
Specialized federal courts
Rule 506 of Regulation D of the Securities Act
31. 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
Creditor beneficiary
Unilateral mistake
Criminal Law
Bargained-for-exchange
32. 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).
Social Security Act
Vertical agreements
Assignee
Product liability
33. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
Collective bargaining
Unjust enrichment
Horizontal agreement
Indictment
34. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
The Family and Medical Leave Act
National Environmental Policy Act (NEPA)
Diversity jurisdiction
Involuntary proceeding
35. 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
Federal district court
Legal capacity
Strict liability
Clean Water Act
36. 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
Secured transaction
The Council on Environmental Quality
Substantial performance
Rules of interpretation of a contract by a court
37. 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.
Demurrer
Breach
Environmental Protection Agency
Pleadings
38. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Fair Debt Collection Act
Expectation damages (also known as the 'benefit of the bargain')
Misappropriation theory
A motion of summary judgement
39. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
Express contract
Limited jurisdiction
Employment discrimination
General Agreement on Tariffs and Trades
40. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Bilateral Investment Treaty program
Implied terms
Market division
Answer
41. Regulates stock exchanges - the over-counter market - and individuals who assist investors with trading activities.
Defendant
Exchange Act Regulations
Malpractice
Reliance
42. 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.
'Mirror image' rule
Investment contracts
Pleadings
Beneficiary's rights
43. When an employer requests a sexual favor in exchange for providing an employee with some employment benefit.
44. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Gratuitous assignment
Motion to strike
Writ of certiorari
Who is liable
45. Liability extends to ___________ - without the plaintiff needing to proof of reliance or causation. The seller can avoid liability by showing negative causation - the plaintiff knew that the statements in the prospectus at the time of her purchase -
Delegation
Civil Law or Code Law
Any statutory seller
Fair Debt Collection Act
46. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Malpractice
Clayton Act
Duties that cannot be delegated
Mistake
47. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
Mutual assent
'Mirror image' rule
Section 12 (a)(1) of the Securities Act
48. These contracts do not actually prohibit assignment - but actually prohibits delegation. Assignments will be valid unless the contract specifically states that assignment are void - which in such a case - any assignment will be treated as a breach of
'Blue sky' laws
Restatement (Second) of Contracts
Contracts that prohibit assignment
Who is liable
49. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Public company
Pre-existing duty
Preponderance of evidence
Social Security Act
50. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
Investment contracts
The Family and Medical Leave Act
Pension Benefit Guaranty Corporation (PBGC)
Total breach