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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. It represents the defendant's request for a new proceeding to determine if he is being unlawfully deprived of his liberty. It is limited to people in custody. It can only be used after all other methods have been exhausted.
Equal Pay Act (EPA)
Accord
Answer
Writ of habeas corpus
2. Laws that states have passed that aim at regulating securities transactions within their states.
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3. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
Preponderance of evidence
Direct damages
Exempt securities and transactions
Consequentialism
4. A situation where one person unfairly benefits from a transaction
Foreign Corrupt Practices Act
Remediation
Unjust enrichment
Pension Benefit Guaranty Corporation (PBGC)
5. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Misstatement or omission
Prospectus
Trademark
Liquidated damages clause
6. 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
Liquidated damages clause
Rules of interpretation of a contract by a court
Tender offers
Expropriation
7. An intent to deceive or defraud
Penalty
National Treatment
Restatement (Second) of Contracts
Scienter
8. 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
Defined benefit plans
Market division
Rule 12b (6) motion
Equal Credit Opportunity Act
9. Legally recognized injury
Tie-in agreement
Market division
Option contract
Injury-in-fact
10. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Rule 504 of Regulation D of the Securities Act
Equal Credit Opportunity Act
Equal protection
Obligee
11. Regulates air and water pollution as well as address problems associated with certain toxic substances
Total breach
Exempt securities and transactions
Manufacturing defect
Environmental Protection Agency
12. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Verdict
8-K
Mistake
Exclusive dealing agreement
13. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
National Ambient Air Quality Standards
'due process'
Automatic stay
Attorney/client privilege
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. An exemption for offerings that occur primarily within one state.
Export Administration Regulations (EAR)
'due process'
Rule 147 of the Securities Act
Motion for a more definitive statement
16. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Pregnancy Discrimination ACt
Rational basis test
Truth in Lending Act
Penalty
17. Claims that the defendant has against the plaintiff
Judicial review
Strict liability
Who is liable
Counterclaims
18. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Automatic stay
Investment contracts
Rules of construction
Sham consideration
19. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Federal Environmental Pesticide Control Act
Statutory Seller
Legal ethics
Penalty
20. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Security interest
Rule of reason
Economic waste
Civil Law or Code Law
21. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Consideration
Original jurisdiction
Appellate jurisdiction
10-Q
22. One of the primary federal federal statutes
Securities Act
Promisor's rights (in relation to the beneficiary)
Private placement
'Takings'
23. 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)
Demand assurance
Group boycotts
Rules of interpretation of a contract by a court
Federal Trade Commission
24. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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25. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Goods
Americans with Disabilities Act (ADA)
Process of assignment
Securities
26. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Price fixing
Unjust enrichment
Regulation S of the Securities Act
National Labor Relations Act
27. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Rules of construction
'due process'
Unemployment compensation laws
Occupational Safety and Health Act
28. A quarterly report required by the Exchange Act
Option contract
10-Q
Unsecured creditor
Implied contract
29. An exemption for securities sold outside of the U.S.
Regulation S of the Securities Act
Security interest
Equal Pay Act (EPA)
Subjective intent
30. Laws created by city councils or county boards - aimed at local matters
Ordinances
Malpractice
Vertical agreements
Gratuitous assignment
31. A creditor that does not have a security interest in any of the debtor's property or assets.
Unsecured creditor
Rule 147 of the Securities Act
Section 10(b) and Rule 10b-5 of the Exchange Act
Social entity or stakeholder theory of the corporation
32. 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)
Statute of limitations
Mistake
Market division
Promise
33. 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.
Equal Employment Opportunity Commission (EEOC)
Subjective intent
Civil liability
Performance
34. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Strict liability
Res judicata
Bureau of Customs and Border Protection
Complete or total integration
35. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Hung jury
Trademark
Domicile
Mistake
36. 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 -
Condition concurrent
Equal Employment Opportunity Commission (EEOC)
Counterclaims
Any statutory seller
37. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Public company
Pleadings
Bureau of Customs and Border Protection
Undue influence
38. 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.
Price fixing
Novation
Mental incapacity
Foreign Corrupt Practices Act
39. Regulates private pension plans. It creates standards for their plans. It also requires employers to provide adequate funds for their plans - and to appoint an administrator for the plan who has fiduciary responsibility to administer the plan in the
Equal Credit Opportunity Act
Federal question jurisdiction
10-K
Employee Retirement Income Security Act (ERISA)
40. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Lien
Executed exchange
Uniform Laws
Delegation
41. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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42. 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
Unilateral mistake
Anticipatory repudiation
Contracts that prohibit assignment
'Past consideration'
43. 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
Gift
Design defect
Expropriation
Third party beneficiary
44. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
Employment discrimination
Equity of redemption
Securities and Exchange Commission
Deontological
45. 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
Shareholder primacy
Rules of construction
Clean Air Act
Economic waste
46. 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
Federal Trade Commission
Restitution and rescission
Americans with Disabilities Act (ADA)
Writ of certiorari
47. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Regulation D of the Securities Act
Quasi-suspect classification
Discovery
Partial or trivial breach
48. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Condition
Specific performance
Consequentialism
Adhesion
49. Agreements whereby a seller agrees to sell one product to a customer - but only on the condition that the customer purchases another product (vertical agreement)
Rule of reason
Oral argument
Complete or total integration
Tie-in agreement
50. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Limited jurisdiction
Restitution and rescission
Fair Debt Collection Act
Securities and Exchange Commission