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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. 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
Age Discrimination in Employment Act (ADEA)
Direct damages
Indictment
Employee Retirement Income Security Act (ERISA)
2. When a court examine the 'four corners' of a contract - this means that they will only examine the document itself.
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3. 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
Employment discrimination
Horizontal agreement
Res judicata
Uniform Laws
4. Seeks to promote market economics and democratic governments
Bilateral contract
Securities
Organization for Economic Co-operation and Development (OECD)
'de nuvo'
5. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Charitable contributions
Consumer protection
Misstatement or omission
Specific performance
6. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Title VII of the Civil Rights Act of 1964
Post-trial motions
Joint obligation
Negative causation
7. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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8. The person to extends credit or a loan - and hence the person to whom a debt is owed
Assignee's rights
Creditor
Civil liability
Beneficiary's rights
9. 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.
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10. It requires anyone who handles hazardous wastes to keep particular records of their activities - and comply with various rules and standards regarding their disposal of waste
Accredited investor
Resource Conservation and Recovery Act
Partial or trivial breach
Exclusive dealing agreement
11. 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.
Goods
General jurisdiction
Federal Communications Commission
Employee-at-will
12. 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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13. It represents a request for the court to take some action. A motion can be filed by a defendant.
Motion
Economic waste
Sherman Act
'clear and present'
14. According to the test articulated in 'SEC v. Howey Co.' - an investment contract represent an investment of money - in a common enterprise - when the purchases is led to expect profits - solely from the efforts of others.
Employment discrimination
Section 701 of the Securities Act
Investment contracts
'clear and present'
15. 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
Proxy
Design defect
Changed circumstances that allow a party to be excused from performance under the contract
Export Administration Regulations (EAR)
16. A promise that is inferred from a person's conduct or the circumstances of the transaction
Market division
Legal capacity
Rule 12b (6) motion
Implied contract
17. A quarterly report required by the Exchange Act
Condition concurrent
Donee beneficiary
10-K
10-Q
18. Oversees implementation of this benefit program of the Social Security Act
Social Security Administration
Defined benefit plans
Post-trial motions
Affirmative defenses
19. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Commencing a lawsuit
Expertised portion
Chapter 7 of the Code
Enabling acts
20. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Accredited investor
Donee beneficiary
Section 10(b) and Rule 10b-5 of the Exchange Act
Deontological
21. 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.
Injunction
Economic waste
Vertical agreements
General Agreement on Tariffs and Trades
22. When the defendant is a commercial supplier - such as a manufacturer retailer - assembler or wholesaler - and the product reaches the consumer in the same condition it was supplied - the product is unreasonably dangerous consistent with the standard
Production quotas
Strict liability
The Family and Medical Leave Act
Anticipatory repudiation
23. Legally recognized injury
Injury-in-fact
Judicial review
Specialized federal courts
Proxy
24. 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
Foreign Sovereign Immunities Act
Securities and Exchange Commission
Stare decisis
Preponderance of evidence
25. Safeguards consumer's personal information by ensuring that financial institutions that have access to private financial information have protection plans for that information - ensures that consumers receive better disclosure regarding a financial i
National Labor Relations Board (NLRB)
Public company
Gramm-Leach-Bliley Act
Consequential damages
26. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Securities and Exchange Commission
Personal jurisdiction
Equal Credit Opportunity Act
Employment law
27. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Gratuitous assignment
Procedural unconscionability
Defined contribution plan
Complete or total integration
28. When the creditor initiates the proceedings.
General Agreement on Tariffs and Trades
Effect of delegation
Involuntary proceeding
Executed exchange
29. This means that each party to the contract must manifest or reveal her intent to be bound to a given exchange. Mutual assent is a requirement for a contract to be formed. There must be an offer and an acceptance.
Mutual assent
Donee beneficiary
Attorney/client privilege
8-K
30. A company subject to the Exchange Act
Post-trial motions
Model Rules of Professional Conduct
Reporting company
National Ambient Air Quality Standards
31. The obligor does not need to provide consent - but does need to be given notice.
Per se
Complete or total integration
Equal protection
Process of assignment
32. This is an agreement where one of the parties does not actually promise to do anything - and thereby - lacks consideration.
'Blue sky' laws
10-K
Anticipatory repudiation
Illusory promise
33. 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
Rules of interpretation of a contract by a court
'due process'
Collective bargaining
When an assignment becomes void
34. When the act of acceptance is also the act of performance (i.e. - there is only one performance obligation remaining)
Expropriation
Unilateral contract
Condition subsequent
Mortgage
35. An exemption for securities sold outside of the U.S.
Liquidated damages clause
Federal Rules of Civil Procedures
Regulation S of the Securities Act
Writ of habeas corpus
36. The defendant's response (admit or deny the allegations within the complaint) to a complaint. This can confirm affirmative defenses or counterclaims.
Answer
Burden of proof
Market division
Multilateral treaties
37. 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
Legal detriment
Criminal Trial
Securities Act
Complete or total integration
38. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
Judgment n.o.v.
Federal Communications Commission
Rule 506 of Regulation D of the Securities Act
Pension Benefit Guaranty Corporation (PBGC)
39. Employers make payments to retired employees based on the length of their employment and the wages they received.
Defined benefit plans
Appellee or respondent
Illusory promise
Mutual mistake
40. A condition that occurs at the same time as performance
Commencing a lawsuit
Rule 504 of Regulation D of the Securities Act
General Agreement on Tariffs and Trades
Condition concurrent
41. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Social entity or stakeholder theory of the corporation
Clean Water Act
Creditor
Rule of reason
42. 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
Section 7A of the Clayton Act
Injunction
Taking a contract 'out of the Statute of Frauds'
Appellee or respondent
43. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Standing
Economic waste
Goods
Mutual mistake
44. Laws that provides employees with compensation for a set period of time when they become unemployed through no fault of their own. It is a combined federal and state insurance program in which they both contribute money - along with the employers. Ea
Control persons
Exchange Act Regulations
Section 7A of the Clayton Act
Unemployment compensation laws
45. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Adhesion
Contract law
Ordinances
Employee Retirement Income Security Act (ERISA)
46. 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.
Duty to mitigate
The Council on Environmental Quality
Securities
Economic waste
47. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Reliance damages
'de nuvo'
Sherman Act
Federal circuit court of appeals and the federal court of appeals
48. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Option contract
Unjust enrichment
Bureau of Customs and Border Protection
Defined benefit plans
49. 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
Performance
Contract with intoxicated persons
Res ipsa loquitor
Liquidated damages clause
50. The obligation to establish his claims first
Burden of proof
Beneficiary's rights
Section 12 (a)(1) of the Securities Act
Sham consideration