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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. Contracts that are formed for the intended benefit of some third party.
Third party beneficiary
Judgment n.o.v.
Satisfaction
Voluntarily proceeding
2. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Mistake
Fair Labor Standards Act (FLSA)
Security agreement
Expectation damages (also known as the 'benefit of the bargain')
3. The person to extends credit or a loan - and hence the person to whom a debt is owed
Pregnancy Discrimination ACt
Employment law
Creditor
Affirmative defenses
4. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
National Ambient Air Quality Standards
Attorney/client privilege
Direct damages
Commercial speech
5. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Defenses against liability of misrepresentations or omissions
Sham consideration
Complete or total integration
Duty to mitigate
6. 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
Bilateral treaties
Horizontal agreement
'due process'
7. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Toxic Substances Control Act
Performance
Federal Trade Commission (FTC)
Deliberation
8. 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)
'clear and present'
Option contract
Mutual rescission
Horizontal agreement
9. 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
Clean Water Act
Section 7A of the Clayton Act
Pregnancy Discrimination ACt
Unilateral mistake
10. 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.
Federal Insurance Contributions Act
Third party beneficiary
Precedent
Enabling acts
11. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Promisor's rights (in relation to the beneficiary)
Design defect
Pre-existing duty
Shareholder primacy
12. This refers to the legal ability to forma contract (proof of lack of contract makes a contract voidable)
Unilateral rescission
Title VII of the Civil Rights Act of 1964
Reliance
Legal capacity
13. A company subject to the Exchange Act
Effect of delegation
Condition
Securities Exchange Act of 1934
Reporting company
14. Not discriminating against foreign product - thereby treating all products within their border equally
National Labor Relations Act
Commencing a lawsuit
National Treatment
Goods
15. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Process of appealing a case through the three levels of court
Nonexpertized portions
Direct damages
Jurisdiction
16. 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
Quasi-suspect classification
Restatement (Second) of Contracts
Clayton Act
17. These contracts do not actually prohibit assignment - but actually prohibits delegation. Assignments will be valid unless the contract specifically states that assignment are void - which in such a case - any assignment will be treated as a breach of
Parol Evidence Rule
Rule 144 of the Securities Act
Section 12(a)(2)
Contracts that prohibit assignment
18. 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
Offer
Civil liability
Anticipatory repudiation
19. 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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20. Automatic violations of the Sherman Act
Reliance damages
Rule 505 of Regulation D of the Securities Act
Undue influence
Per se
21. Torts and contracts... represents law that regulates the relationships between parties.
Civil Law
National Environmental Policy Act (NEPA)
Environmental Protection Agency
Substantial performance
22. A group of between 16 and 23 jurors who decide whether there is sufficient evidence to charge the defendant with a crime. A grand jury is required in the 5th Amendment for all criminal cases. The grand jury has the power to subpoena witnesses and doc
Total breach
Token consideration
Grand jury
'de nuvo'
23. 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
Affirmative defenses
Restitution and rescission
The Family and Medical Leave Act
Unsecured creditor
24. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Misstatement or omission
Appellate jurisdiction
When an assignment becomes void
Security interest
25. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Pension Benefit Guaranty Corporation (PBGC)
'Infants' or 'minors'
Occupational Safety and Health Act
Social Security Administration
26. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
'Definite and certain'
Occupational Safety and Health Act
Misappropriation theory
27. 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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28. When an employer requests a sexual favor in exchange for providing an employee with some employment benefit.
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29. Previous decisions made by decisions - by which the current judges must abide by.
Precedent
Standing
Domicile
Substantial performance
30. The test of government regulations - of whether it is rationally related to a legitimate government interests. All classifications are subject to a rational basis test.
Rational basis test
Section 11 of the Securities Act
Pre-existing duty
Duty to mitigate
31. 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
Civil Law or Code Law
8-K
Attachment
Pre-existing duty
32. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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33. This is when the appellate court send the case back to the lower court for a new trial.
Pleadings
Expectation damages (also known as the 'benefit of the bargain')
Export Administration Regulations (EAR)
Remand
34. Regulates the handling of the pesticides being exported from and imported into the U.S.
Unilateral contract
Truth in Lending Act
Standing
Federal Environmental Pesticide Control Act
35. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
'Past consideration'
Perfected
Restitution and rescission
Illusory promise
36. It is founded by the National Environmental Policy Act (NEPA) - to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality Report
Who is liable
The Council on Environmental Quality
Environmental Protection Agency (EPA)
Retraction
37. The agreement to create a security interest
Implied contract
Public company
Security agreement
Bona fide occupational qualification
38. They represent the amount of money a party has spent in justifiable reliance on a contract.
Bilateral Investment Treaty program
Reliance damages
Motion of directed verdict or of dismissal
Regulation D of the Securities Act
39. Institutional investors - people with over a million dollars in net worth - venture capital firms - trusts with assets over $5 million - directors and executive officers of the issuing company - and other specified investors.
Attachment
Accredited investor
Affirmative defenses
Pension Benefit Guaranty Corporation (PBGC)
40. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Section 5 of the Securities Act
Priority of secured transactions
Obligor's rights
Malpractice
41. An agreement pursuant to which a creditor receives a security interest in some property or asset in exchange for lending money. In the event of a default - the security interest allows the creditor to take possession of the property/asset in order to
Equal protection
Satisfaction
Restitution and rescission
Secured transaction
42. Consent after the lawyer has adequately informed the client about the conflict and not only has explained to her the material risk associated with the conflict but also has made available her reasonable alternatives to the proposed conflict
Quasi-contract
Market division
Novation
Informed consent
43. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Mistake
Contracts that prohibit assignment
Uniform Commercial Code ('UCC')
Rule 147 of the Securities Act
44. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Plaintiff
Utilitarianism
Deontological
45. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Remand
Negative causation
Export Administration Act (EAA)
Mistake
46. The obligation to establish his claims first
Burden of proof
Writ of habeas corpus
Statutory Seller
Assignor
47. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
Excuse of condition
Exclusive distributor agreements
Diversity jurisdiction
Collateral
48. 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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49. An intent to deceive or defraud
Securities Act Registration
Liability based on intentional tort
Scienter
Consequential damages
50. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
Section 11 of the Securities Act
'in pari delicto'
Organization for Economic Co-operation and Development (OECD)
Subject matter jurisdiction