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CLEP Introductory Business Law

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. One of the primary federal federal statutes






2. 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






3. 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






4. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations






5. 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 -






6. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement






7. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)






8. Regulates trusts and monopolies






9. After taking the case to the federal district court - the party has the right to appeal to the federal circuit court of appeals. there are twelve federal appeals courts that hear cases from several different district courts within a specific geograph






10. 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






11. 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.






12. 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






13. Punitive damage - non-economic damages - and attorneys' fees






14. 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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15. Prohibits differences in wages based on the gender of men and women who perform substantially same work.






16. Place of permanent residence






17. The person to extends credit or a loan - and hence the person to whom a debt is owed






18. When the debtor voluntarily initiates the bankruptcy proceedings






19. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for






20. Inadequate warning of danger - which can be construed as a design defect






21. 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.






22. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.






23. 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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24. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve






25. 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






26. Regulates air and water pollution as well as address problems associated with certain toxic substances






27. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction






28. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'






29. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.






30. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.






31. 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






32. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.






33. 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.






34. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications






35. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action

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36. When the jury retires to a separate room to decide the outcome of the case.






37. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.






38. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market






39. Provides specific (3) categories for exemption: Rule 504 - 505 - 506






40. He has the enforceable right against the obligor because he is considered the real party interest.

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41. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen






42. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `






43. 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






44. The obligation to establish his claims first






45. A pre-trial motion when the pleadings are vague or ambiguous.






46. Defenses that would prevent the plaintiff from holding the defendant liable






47. 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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48. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c

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49. 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






50. Treaties among several parties that seek to allocate rights and responsibilities among the parties







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