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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. Prohibits institutions from discrimination related to credit applications
Equal Credit Opportunity Act
Attorney/client privilege
Chapter 11 of the Code
Motion for a more definitive statement
2. Negative causation - due diligence defense - ...
Oral argument
The Social Security Administration
Defenses against liability of misrepresentations or omissions
Control persons
3. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
Manufacturing defect
Securities
Obligor
Res judicata
4. Inadequate warning of danger - which can be construed as a design defect
Shareholder primacy
Inadequate warning defect`
Secured transaction
Levels of courts
5. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
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6. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Discharge of contract
Regulation D of the Securities Act
The Environmental Quality Report
Counteroffer
7. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
Diminution in value
Strict liability
Occupational Safety and Health Act
Enabling acts
8. A transaction that does not involve a public offering is also referred to as a private placement. In 'SEC v. Ralston Purina Co.' the Supreme Court defined a private placement as a sale to persons who do not need the protection of securities laws.
Private placement
Substantial performance
Equal Employment Opportunity Commission (EEOC)
Oral argument
9. 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
Token consideration
Clayton Act
Parol Evidence Rule
Jurisdiction
10. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Clean Air Act
'Past consideration'
Gramm-Leach-Bliley Act
Social entity or stakeholder theory of the corporation
11. 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
Specialized federal courts
Commencing a lawsuit
Grand jury
Bargained-for-exchange
12. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Expropriation
Public company
Rule 504 of Regulation D of the Securities Act
Environmental Protection Agency
13. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Section 4 of the Securities Act
National Ambient Air Quality Standards
Monopoly
Specific performance
14. When a party unlawfully indicate that he will not perform when the performance is due.
Section 5 of the Securities Act
Anticipatory repudiation
Expertised portion
Voluntarily proceeding
15. Offering made to purchase all or a portion of the shares of a specific company
Tender offers
Misstatement or omission
'Definite and certain'
Mortgage
16. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
Retraction
Occupational Safety and Health Administration (OSHA)
Expertised portion
17. It represents a request for the court to take some action. A motion can be filed by a defendant.
Motion
Trust
Horizontal agreement
The Council on Environmental Quality
18. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Civil liability
Liability based on intentional tort
'due process'
Sherman Act
19. 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
10-K
Section 12(a)(2)
Exempt securities and transactions
'de nuvo'
20. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
'meeting of the minds'
Intended beneficiary
Changed circumstances that allow a party to be excused from performance under the contract
Specialized federal courts
21. When the debtor voluntarily initiates the bankruptcy proceedings
Reliance damages
Informed consent
United States Bankruptcy Code ('Code')
Voluntarily proceeding
22. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
Prosecution
Bona fide occupational qualification
Strict liability
A motion of summary judgement
23. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Counterclaims
Manufacturing defect
Remand
Exclusive distributor agreements
24. Acceptance is effective when the offeree sends it - no matter the type of communication. However - a revocation becomes valid when the offeree receives it. Again - if the offeree changes his mind - and sends two different messages - whichever reaches
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25. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Condition
Section 10(b) and Rule 10b-5 of the Exchange Act
Partial or trivial breach
General jurisdiction
26. It is a pre-trial motion to take out certain matters
Equal protection
'Mailbox' rule
Environmental Protection Agency
Motion to strike
27. Responsibility of a seller or manufacturer for any defective product unduly threatening personal safety
Fair Debt Collection Act
Vertical agreements
Strict liability
Affirm or disaffirm
28. Only one of the party wants to rescind the contract - which requires legal grounds to do so.
Rules of interpretation of a contract by a court
Counteroffer
Exclusive distributor agreements
Unilateral rescission
29. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Trial court
Price fixing
Specialized federal courts
Common Law
30. The party seeking to appeal the previous court's decision
Exclusive distributor agreements
Gramm-Leach-Bliley Act
Vertical agreements
Appellant
31. When a contract is delegated - the obligee must accept the performance of the delegate. Unless the obligee agrees to release him from liability - the delegator remains liable under the contract until the delegate has performed. Once a delegate perfor
Writ of certiorari
Monopoly
Effect of delegation
General jurisdiction
32. Automatic violations of the Sherman Act
Per se
Prosecution
Pretexting
Toxic Substances Control Act
33. Ethical behavior in terms of its consequences ('the end justifies the means')
Effect of delegation
Informed consent
Consequentialism
Liability based on intentional tort
34. It is a document containing information that must be delivered to investors prior to their securities' purchase. It is designed to contain all the information that an investor needs to evaluate the security and risk associated with purchasing the sec
Process of assignment
Res judicata
Prospectus
Liability based on intentional tort
35. 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
Changed circumstances that allow a party to be excused from performance under the contract
Limited jurisdiction
Rule 505 of Regulation D of the Securities Act
Section 10(b) and Rule 10b-5 of the Exchange Act
36. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Administrative law judges
Defined benefit plans
Concurrent conflict of interests
Supervening illegality
37. 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
Informed consent
Clayton Act
Employee Retirement Income Security Act (ERISA)
Misstatement or omission
38. A party's damage award will be reduced by any loss he did or could have avoided.
Effect of delegation
Duty to mitigate
Foreign Sovereign Immunities Act
Creditor
39. In order for a contract to be enforceable - the terms of the contract must be definite and certain. In order for a contract to be 'definite and certain' - it must contain all the essential terms (names of parties - prince - subject matter - and time
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40. 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
National Labor Relations Act
Unilateral mistake
Superfund
41. People who are below the age of majority (which varies from state to state). Any contract that they are a part of is void - unless - (a) sometimes when the minor intentionally misrepresented his age and caused the other party to rely on teh misrepres
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42. The right to hold a security interest on a debtor's property.
Duress
Counterclaims
Pre-existing duty
Lien
43. A classification that includes gender and legitimacy. If the regulation involves quasi-suspect classification - then the courts may apply intermediate scrutiny. Thus - the regulation will be valid so long as it is substantially tailored to meet an im
Administrative Procedure Act
Quasi-suspect classification
Equity of redemption
Restitution and rescission
44. The person who is bringing the suit
Public company
Plaintiff
Expropriation
Limited jurisdiction
45. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Securities Act Registration
Occupational Safety and Health Administration (OSHA)
Objective standard
Chapter 13 of the Code
46. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Process of appealing a case through the three levels of court
Bona fide occupational qualification
Federal circuit court of appeals and the federal court of appeals
Pleadings
47. Claims that the defendant has against the plaintiff
National Labor Relations Board
Truth in Lending Act
Counterclaims
Vertical agreements
48. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Short swing profits
Implied contracts
Duress
Joint obligation
49. When an offeror terminates his offer before an agreement has been made (can be done through words). It can also be revoked when the offeror takes actions that are inconsistent with the intent to be bound (unless the offeree has paid to keep the offer
National Treatment
Termination of an invitation to make an offer
Accord
Revocation
50. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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