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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. Employers make payments to retired employees based on the length of their employment and the wages they received.
Exclusive dealing agreement
Retraction
Defendant
Defined benefit plans
2. 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
Federal Insurance Contributions Act
Implied contract
Resource Conservation and Recovery Act
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'.
Mutual rescission
Federal Trade Commission (FTC)
Preponderance of evidence
Promisee's rights
4. 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
'Past consideration'
Expectation damages (also known as the 'benefit of the bargain')
National Labor Relations Act
Foreign Sovereign Immunities Act
5. Regulates trusts and monopolies
Tender offers
Implied contracts
Federal Trade Commission
Standing
6. 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.
Securities Exchange Act of 1934
Attorney/client privilege
Expropriation
Adhesion
7. 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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8. 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
Employment discrimination
Clean Water Act
Per se
9. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
Horizontal agreement
Anticipatory repudiation
Objective standard
National Ambient Air Quality Standards
10. The person who assigns her rights
'clear and present'
Obligee
Attachment
Illusory promise
11. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Reliance
Administrative Procedure Act
Rule 144 of the Securities Act
Federal question jurisdiction
12. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Uniform Commercial Code ('UCC')
Federal Information Act
Answer
Motion to strike
13. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Hung jury
Informed consent
Attorney/client privilege
Mutual rescission
14. Securities issued by the federal government - state governments - or any of their subdivision; securities issued by a charitable organization; issued by banks or saving or loan institutions - issued by a receiver or trustee in bankruptcy;. issued wit
Exempt securities and transactions
Duties that cannot be delegated
Gift
Section 11 of the Securities Act
15. 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
Attachment
Collective bargaining
Per se
Legal detriment
16. Government's 'time - place - and manner' restrictions of content are subject to intermediate scrutiny.
Content-neutral restrictions
Contracts that prohibit assignment
Token consideration
Strict liability
17. 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)
Specialized federal courts
Rule 505 of Regulation D of the Securities Act
Tie-in agreement
Nonexpertized portions
18. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Voluntarily proceeding
Hung jury
Verdict
Bilateral investment treaties
19. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
Condition concurrent
Corporate social responsibility
Process of appealing a case through the three levels of court
Illusory promise
20. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Total breach
Levels of courts
'meeting of the minds'
Discharge of contract
21. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Rule 505 of Regulation D of the Securities Act
Uniform Laws
Express contract
Per se
22. The Securities Act defines securities broadly to includes notes - stock - bonds - debentures - stock subscriptions - voting trust certificates - limited partnership interests - investment contracts - and fractional interest in oil/gas/mineral.
Enabling acts
Securities
Fair Labor Standards Act (FLSA)
Administrative law judges
23. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Judgment n.o.v.
Effect of delegation
Administrative Procedure Act
Defenses against liability of misrepresentations or omissions
24. It represents a request for the court to take some action. A motion can be filed by a defendant.
Tie-in agreement
Motion
Perfected
Equal Pay Act (EPA)
25. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Model Rules of Professional Conduct
Revocation
Intended beneficiary
Federal district court
26. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
Prospectus
Corporate social responsibility
Exclusive dealing agreement
Consequential damages
27. A party's damage award will be reduced by any loss he did or could have avoided.
Injunction
Duty to mitigate
Truth in Lending Act
Original jurisdiction
28. 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
Oral argument
Consequentialism
Rules of interpretation of a contract by a court
Writ of certiorari
29. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Superfund
Automatic stay
Anticipatory repudiation
Delegation
30. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Anticipatory repudiation
Rule 506 of Regulation D of the Securities Act
General jurisdiction
Bureau of Customs and Border Protection
31. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Federal Trade Commission
Process of assignment
General Agreement on Tariffs and Trades
Fair Labor Standards Act (FLSA)
32. 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
Suspect classification
Federal Insurance Contributions Act
Federal Communications Commission
'de nuvo'
33. 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
Secured transaction
Parol Evidence Rule
Attorney/client privilege
Unilateral mistake
34. The promisor's failure to perform in accordance with the terms of the contract
Contract
Export Administration Regulations (EAR)
Breach
Federal district court
35. An exemption for offerings that occur primarily within one state.
Rule 147 of the Securities Act
Obligee
Assignment of rights
Burden of proof
36. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Utilitarianism
Novation
Equal Credit Opportunity Act
Substantial performance
37. An order prohibiting a party from engaging in certain conduct. A count will only issue an injunction if the damage remedy is inadequate and the injunction is necessary to prevent irreparable harm to the non-breaching party.
Tie-in agreement
Counteroffer
Injunction
Oral argument
38. It represents notice that a lawsuit has been filed against the defendant
Summons
'Past consideration'
Rule of reason
Misappropriation theory
39. An intent to deceive or defraud
Inadequate warning defect`
Appellee or respondent
Voluntarily proceeding
Scienter
40. A contract entered into by a person who is intoxicated (by alcohol or drugs) is also voidable by the intoxicated person. This can be done by proving that he did not understand the nature and significance of her actions - or the other party had reason
Contract law
Contract with intoxicated persons
Supreme Court powers
The Social Security Administration
41. 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).
Perfected
Product liability
Bureau of Consumer Protection
Criminal Law
42. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Changed circumstances that allow a party to be excused from performance under the contract
Civil Law or Code Law
Employee Retirement Income Security Act (ERISA)
Federal Insurance Contributions Act
43. 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
Short swing profits
Commencing a lawsuit
Quasi-suspect classification
Examples of Uniform Laws
44. 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.
Beneficiary's rights
Discovery
Specific performance
Creditor beneficiary
45. Model Business Corporations Act and the Uniform Partnership Act of 1914 - which was superceded by the Uniform Partnership Act of 1984
Americans with Disabilities Act (ADA)
Examples of Uniform Laws
Rule 504 of Regulation D of the Securities Act
Group boycotts
46. 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
Employee Retirement Income Security Act (ERISA)
Intended beneficiaries of government contract
Pretexting
Pleadings
47. 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.
Trust
Defenses against liability of misrepresentations or omissions
Monopoly
Employee-at-will
48. 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
Petit jury
Equal Credit Opportunity Act
Expertised portion
Administrative Procedure Act
49. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Legal capacity
Section 4 of the Securities Act
Production quotas
Environmental Protection Agency
50. It is a promise stated in words - either oral or written.
Express contract
Regulation A of the Securities Act
'Ffour corners'
Discharge of contract