SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. The first court to consider an action
Injunction
Federal circuit court of appeals and the federal court of appeals
Fraud
Original jurisdiction
2. When a party takes back his repudiation and agrees to perform under the contract. Retraction is not valid if the non-repudiating party has materially changed her position in reliance on teh repudiation - or indicated her willingness to treat the repu
Changed circumstances that allow a party to be excused from performance under the contract
Res ipsa loquitor
Retraction
Expertised portion
3. Establishes certain rules for the proper resale - including the requirement that such securities must be held for at least one year - and sold through a broker in a transaction that involves a limited percentage of securities.
Option contract
Social Security Administration
Parol Evidence Rule
Rule 144 of the Securities Act
4. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Collateral
Social Security Act
Contract law
Civil liability
5. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
'Ffour corners'
Prospectus
Model Rules of Professional Conduct
Manufacturing defect
6. Twelve members of jury that hear the evidence at the trial court. The Judge rules on the evidence and guides the jury on questions of law and proper rules of procedure.
Consequentialism
Petit jury
Expropriation
Gratuitous assignment
7. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
General Agreement on Tariffs and Trades
Direct damages
Any statutory seller
Criminal Law
8. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
9. Defenses that would prevent the plaintiff from holding the defendant liable
Intended beneficiaries of government contract
Original jurisdiction
Title VII of the Civil Rights Act of 1964
Affirmative defenses
10. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
Adhesion
Federal Rules of Civil Procedures
Ordinances
Tender offers
11. The rule regards the kind of evidence admissible when a party is explaining an agreement in writing. It excludes written or oral evidence of commitments made prior to the actual written agreement because such evidence is unreliable. Parol evidence is
Exchange Act Regulations
Donee beneficiary
Parol Evidence Rule
Bilateral Investment Treaty program
12. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Vertical agreements
Donee beneficiary
Market division
'Past consideration'
13. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Bureau of Consumer Protection
Post-trial motions
Process of assignment
Automatic stay
14. A perfected security interest takes priority over unperfected security interest. While the first person to file his security interest has priority. If neither party perfected by filing - then the first person to perfect her security interest has prio
Rules of construction
Priority of secured transactions
Complete or total integration
Obligor's rights
15. 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.
Consequential damages
Rule 12b (6) motion
Condition
Diminution in value
16. 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.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
17. A current report required by the Exchange Act
8-K
'due process'
Age Discrimination in Employment Act (ADEA)
Misstatement or omission
18. Prohibit discrimination based on pregnancy or childbirth
Rule 505 of Regulation D of the Securities Act
Pregnancy Discrimination ACt
Duress
Americans with Disabilities Act (ADA)
19. Once a beneficiary's rights have vested - she has enforceable claim against the promisee because the promisee's act was gratuitous. The beneficiary's rights arise from the contract between the promisor and the promisee
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
20. 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
Unilateral contract
Unilateral rescission
Workers compensation laws
10-Q
21. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
8-K
Summons
Multilateral treaties
22. 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)
Promise
Counterclaims
Deontological
Gift
23. A division of the FTC that seeks to educate consumers regarding their rights and assist the FTC with the enforcement of consumer protection laws.
Bureau of Consumer Protection
Federal Insurance Contributions Act
Injunction
Obligor
24. A supervening stature makes a contract illegal - and thereby makes performance impossible
Supervening illegality
Pension Benefit Guaranty Corporation (PBGC)
Donee beneficiary
When an assignment becomes void
25. Previous decisions made by decisions - by which the current judges must abide by.
Non-recoverable damages
The Statute of Frauds
Chapter 11 of the Code
Precedent
26. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Retraction
Jurisdiction
Chapter 13 of the Code
Defined benefit plans
27. 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
Sham consideration
Contracts that prohibit assignment
When an assignment becomes void
'meeting of the minds'
28. The documents that parties file in connection with their lawsuit
Civil Law
Collateral
Pleadings
Pension Benefit Guaranty Corporation (PBGC)
29. Rules of ethics that govern the practice of law and the conduct of lawyers
Occupational Safety and Health Act
Judicial review
Subjective intent
Legal ethics
30. Oversees the purchase and sale of securities
Securities and Exchange Commission
Horizontal agreement
Multilateral treaties
Inadequate warning defect`
31. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Beneficiary's rights
Penalty
Foreign Sovereign Immunities Act
Federal Rules of Civil Procedures
32. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
National Labor Relations Board
Res judicata
Public company
Accredited investor
33. 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
Answer
Rule 505 of Regulation D of the Securities Act
Private placement
Liquidated damages clause
34. The person being sued
Legal capacity
Strict liability
Defendant
Trademark
35. The obligation to establish his claims first
Burden of proof
Rules of construction
Defenses against liability of misrepresentations or omissions
Substantive unconscionability
36. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
Writ of certiorari
Defenses against liability of misrepresentations or omissions
Parol Evidence Rule
37. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Bilateral investment treaties
Incidental beneficiary
Trust
Ordinances
38. A security interest is perfected by filing a financing statement - which describes the collateral and the creditor's security interests in the collateral. This serves as a notice to third parties. Perfection can also occur by taking possession or con
Obligee
Rule 505 of Regulation D of the Securities Act
Perfected
Mutual mistake
39. 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
Exchange Act Regulations
Title VII of the Civil Rights Act of 1964
Restatement (Second) of Contracts
Misstatement or omission
40. The exchange of promises or an exchange of a promise for a performance.
Deontological
Condition concurrent
Bargained-for-exchange
The Environmental Quality Report
41. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Section 11 of the Securities Act
Secured transaction
Judicial review
Exchange Act Regulations
42. He has the enforceable right against the obligor because he is considered the real party interest.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
43. It represents notice that a lawsuit has been filed against the defendant
Excuse of condition
Summons
Involuntary proceeding
Restitution and rescission
44. The creditor's right to take possession of the property is called foreclosure
Export Administration Regulations (EAR)
Foreclosure
Supervening illegality
National Labor Relations Board (NLRB)
45. 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
Prospectus
Materiality
Federal district court
Commencing a lawsuit
46. 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.
Scienter
Demurrer
Expectation damages (also known as the 'benefit of the bargain')
Foreclosure
47. 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).
Donee beneficiary
Tender offers
Product liability
Securities
48. Prohibits discrimination against certain employees with mental or physical disabilities. It also requires that employers make reasonable accommodations for employees who qualify as disabled under ADA.
Model Rules of Professional Conduct
Companies that are subject to the exchange act (Reporting companies)
Toxic Substances Control Act
Americans with Disabilities Act (ADA)
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)
Jurisdiction
Tie-in agreement
Contract
Verdict
50. Offering made to purchase all or a portion of the shares of a specific company
Involuntary proceeding
Scienter
Tender offers
Restitution and rescission