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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. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
Specific performance
Vesting of beneficiary's rights
'Mailbox' rule
Delegation
2. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Rule of reason
Public company
Unjust enrichment
Quasi-contract
3. Suspect classifications meant classification based on race - religion - national origin - or alienage - or involving a fundamental right. If regulations involves a suspect classification - it will undergo strict scrutiny - which such regulations rare
Commercial speech
Suspect classification
Statutory Seller
National Treatment
4. A company subject to the Exchange Act
Federal question jurisdiction
Fair Labor Standards Act (FLSA)
Foreign Sovereign Immunities Act
Reporting company
5. 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
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6. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Section 11 of the Securities Act
Contracts that prohibit assignment
Superfund
Utilitarianism
7. A court reference to the notion that there must be mutual agreement about the exchange to be performed
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8. 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
The Council on Environmental Quality
Perfected
Fair Labor Standards Act (FLSA)
National Ambient Air Quality Standards
9. 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
Promisor's rights (in relation to the beneficiary)
Collateral
Fair Credit Reporting Act
Employee Retirement Income Security Act (ERISA)
10. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Federal Trade Commission (FTC)
Strict liability
Substantive unconscionability
The Social Security Administration
11. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Foreign Corrupt Practices Act
Third party beneficiary
Examples of Uniform Laws
Consideration
12. 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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13. A creditor that does not have a security interest in any of the debtor's property or assets.
Unsecured creditor
Negative causation
Expertised portion
Implied terms
14. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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15. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Section 12(a)(2)
Attachment
National Institute for Occupational Health
Chapter 7 of the Code
16. 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
Title VII of the Civil Rights Act of 1964
Nonexpertized portions
Misstatement or omission
Priority of secured transactions
17. It represents notice that a lawsuit has been filed against the defendant
8-K
Federal district court
Trust
Summons
18. 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)
Deontological
Misappropriation theory
Section 5 of the Securities Act
Chapter 11 of the Code
19. 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.
Regulation S of the Securities Act
Attorney/client privilege
Criminal Law
Environmental Protection Agency (EPA)
20. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Legal detriment
Who is liable
Complete or total integration
'meeting of the minds'
21. It is when a promisee is doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
National Ambient Air Quality Standards
Legal detriment
Social Security Administration
Fair Credit Reporting Act
22. 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.
Lien
Nonexpertized portions
Mental incapacity
Substantial performance
23. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Short swing profits
Civil Law or Code Law
Concurrent conflict of interests
Regulation D of the Securities Act
24. A misrepresentation made with knowledge of its inaccuracy
Foreign Sovereign Immunities Act
Strict liability
Commercial speech
Scienter
25. The right to hold a security interest on a debtor's property.
Lien
Securities and Exchange Commission
Corporate social responsibility
Gramm-Leach-Bliley Act
26. Prohibits institutions from discrimination related to credit applications
Fair Credit Reporting Act
Reliance damages
Clean Water Act
Equal Credit Opportunity Act
27. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Mistake
Unilateral mistake
Federal Insurance Contributions Act
Expectation damages (also known as the 'benefit of the bargain')
28. Laws that states have passed that aim at regulating securities transactions within their states.
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29. 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
Group boycotts
Intended beneficiaries of government contract
Diminution in value
Criminal Law
30. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Security interest
Hung jury
Motion for a more definitive statement
Security agreement
31. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Content-neutral restrictions
Prosecution
Pleadings
Restitution
32. 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
Superfund
Pre-existing duty
Appellate jurisdiction
Secured transaction
33. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Satisfaction
Product liability
Implied contract
Unilateral contract
34. Torts and contracts... represents law that regulates the relationships between parties.
Fair Credit Reporting Act
Mortgage
Materiality
Civil Law
35. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Employment law
When an assignment becomes void
Levels of courts
Post-trial motions
36. He has the enforceable right against the obligor because he is considered the real party interest.
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37. The party that won in the previous court trial - but the other party is appealing the decision.
Appellee or respondent
Contract with intoxicated persons
Chapter 11 of the Code
Companies that are subject to the exchange act (Reporting companies)
38. A person who is not an intended beneficiary
Incidental beneficiary
Demurrer
Securities Act Registration
National Institute for Occupational Health
39. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Beneficiary's rights
Unsecured creditor
Fair Labor Standards Act (FLSA)
Performance
40. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Horizontal agreement
Injunction
Stare decisis
Contract with intoxicated persons
41. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Civil liability
Federal district court
Section 4 of the Securities Act
Unilateral contract
42. 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
Undue influence
Clayton Act
'Infants' or 'minors'
Unilateral mistake
43. 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'.
Contract
Fraud
Employment law
Objective standard
44. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
The Social Security Administration
Discovery
Trust
Subject matter jurisdiction
45. The first court to consider an action
Implied contract
Original jurisdiction
Misappropriation theory
Assignor
46. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Federal Insurance Contributions Act
Clayton Act
Creditor beneficiary
Assignment of rights
47. The Hart-Scot-Rodino Act - which requires corporations to notify FTC and the U.S. Justice Department when they engage in a merger. Mergers are prohibited under the Act if the market related to the merger is substantially concentrated and if - after t
Common Law
Exclusive distributor agreements
Foreign Sovereign Immunities Act
Section 7A of the Clayton Act
48. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Diminution in value
Section 7A of the Clayton Act
Grand jury
Civil Law
49. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
Exclusive distributor agreements
Attachment
'Definite and certain'
Retraction
50. 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
Regulation D of the Securities Act
Employment law
Strict liability
Rule 505 of Regulation D of the Securities Act