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Test your basic knowledge |
CLEP Introductory Business Law
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Subjects
:
clep
,
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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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. One of the primary federal federal statutes
Motion to strike
Securities
Securities Act
Statute of limitations
2. 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
Appellee or respondent
Environmental Protection Agency (EPA)
Mutual rescission
Commencing a lawsuit
3. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
Injury-in-fact
Economic waste
The Family and Medical Leave Act
Motion
4. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
Voluntarily proceeding
National Ambient Air Quality Standards
Contract with intoxicated persons
5. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Companies that are subject to the exchange act (Reporting companies)
Foreign Sovereign Immunities Act
Supreme Court powers
Administrative law judges
6. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Concurrent conflict of interests
Unemployment compensation laws
Duress
Pension Benefit Guaranty Corporation (PBGC)
7. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Group boycotts
8-K
Priority of secured transactions
Expectation damages (also known as the 'benefit of the bargain')
8. Regulates trusts and monopolies
Contracts that prohibit assignment
Unilateral mistake
Complete or total integration
Federal Trade Commission
9. After taking the case to the federal district court - the party has the right to appeal to the federal circuit court of appeals. there are twelve federal appeals courts that hear cases from several different district courts within a specific geograph
Pregnancy Discrimination ACt
Section 11 of the Securities Act
Horizontal agreement
Process of appealing a case through the three levels of court
10. 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
Summons
Defined contribution plan
Statute of limitations
National Ambient Air Quality Standards
11. An assertion that is not in accord with the facts. A contract becomes voidable when it is shown that a misrepresentation was made - it was material - and the party seeking avoidance reasonably relied on it.
National Labor Relations Board
Vertical agreements
Employee Retirement Income Security Act (ERISA)
Misrepresentation
12. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Verdict
Pre-existing duty
Condition subsequent
Gratuitous assignment
13. Punitive damage - non-economic damages - and attorneys' fees
Chapter 13 of the Code
Non-recoverable damages
Attachment
Organization for Economic Co-operation and Development (OECD)
14. 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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15. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Unjust enrichment
Equal Pay Act (EPA)
Defendant
Condition
16. Place of permanent residence
Domicile
Substantial performance
Unsecured creditor
Levels of courts
17. The person to extends credit or a loan - and hence the person to whom a debt is owed
Securities and Exchange Commission
Creditor
Section 5 of the Securities Act
Duty to mitigate
18. When the debtor voluntarily initiates the bankruptcy proceedings
Appellant
Voluntarily proceeding
The Council on Environmental Quality
10-Q
19. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Performance
Superfund
Attachment
Treaties authority
20. Inadequate warning of danger - which can be construed as a design defect
Affirm or disaffirm
Who is liable
Inadequate warning defect`
Specific performance
21. 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.
Mental incapacity
Adhesion
Rule 12b (6) motion
Promisor's rights (in relation to the beneficiary)
22. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Occupational Safety and Health Administration (OSHA)
Defined contribution plan
Revocability
Civil liability
23. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
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24. Every company that issues shares to the public consistent with the Securities Act - every company with securities registered on a national securities exchange - every company with assets in excess of $5 million and at least 500 shareholders - and eve
Companies that are subject to the exchange act (Reporting companies)
Pregnancy Discrimination ACt
Demurrer
The Council on Environmental Quality
25. Enacted in 1969 to protect the environment from the actions of public or private actors. It declared a policy and promoted efforts to prevent or eliminate environmental damage. It also ensures that public and private actors better understand the ecol
National Environmental Policy Act (NEPA)
Accredited investor
Appellee or respondent
The Statute of Frauds
26. Regulates air and water pollution as well as address problems associated with certain toxic substances
Third party beneficiary
Truth in Lending Act
Unemployment compensation laws
Environmental Protection Agency
27. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Materiality
Consequentialism
Security agreement
Unsecured creditor
28. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Implied contracts
The Council on Environmental Quality
Offer
Parol Evidence Rule
29. When all collections by creditors must stop. This occurs when a bankruptcy proceeding is initiated.
Federal district court
Automatic stay
Revocability
Contracts that prohibit assignment
30. Regulates consumer credit reporting agencies and provides procedure for regulating the proper use and release of credit reports.
Corporate social responsibility
Federal Rules of Civil Procedures
Answer
Fair Credit Reporting Act
31. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
Levels of courts
Misappropriation theory
Equal protection
Rational basis test
32. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.
Section 7A of the Clayton Act
Federal circuit court of appeals and the federal court of appeals
Offer
Per se
33. A motion claiming that the plaintiff has not established enough evidence to prove her case. The motion can be made by the defendant when the plaintiff has finished completed presenting the case.
Motion of directed verdict or of dismissal
Group boycotts
Pregnancy Discrimination ACt
Legal detriment
34. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Tender offers
Bona fide occupational qualification
'Mirror image' rule
Deontological
35. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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36. When the jury retires to a separate room to decide the outcome of the case.
Illusory promise
Deliberation
Bilateral contract
Duty to mitigate
37. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Employee Retirement Income Security Act (ERISA)
Deontological
Expropriation
Occupational Safety and Health Administration (OSHA)
38. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Reliance
Manufacturing defect
Content-neutral restrictions
Unilateral rescission
39. Provides specific (3) categories for exemption: Rule 504 - 505 - 506
Regulation D of the Securities Act
Horizontal agreement
Procedural unconscionability
Direct damages
40. He has the enforceable right against the obligor because he is considered the real party interest.
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41. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
Gramm-Leach-Bliley Act
General Agreement on Tariffs and Trades
Environmental Protection Agency (EPA)
Appellate jurisdiction
42. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Equal protection
National Institute for Occupational Health
Employee-at-will
Trust
43. It is when a person transfers a duty. A person who delegates his duty under an agreement is initially called the obligor and after the delegation becomes the delegator. The person who assumes the duty is referred to as the delegate - while the other
Delegation
Lanham Act
Injury-in-fact
Quasi-suspect classification
44. The obligation to establish his claims first
Chapter 13 of the Code
Rule 12b (6) motion
Burden of proof
Remediation
45. A pre-trial motion when the pleadings are vague or ambiguous.
Illusory promise
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
National Labor Relations Act
Motion for a more definitive statement
46. Defenses that would prevent the plaintiff from holding the defendant liable
Rule of reason
Contract
Rational basis test
Affirmative defenses
47. 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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48. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c
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49. 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
National Labor Relations Board
Workers compensation laws
Promise
Misrepresentation
50. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Statute of limitations
'Mailbox' rule
Multilateral treaties
Uniform Laws
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