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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. It is a judgment notwithstanding the verdict requires the court to find that the evidence does not support the jury's verdict. If the court makes such a finding - it will overturn the jury's verdict.
Intended beneficiary
Legal capacity
Goods
Judgment n.o.v.
2. Directors - certain officers - and owners
Defenses against liability of misrepresentations or omissions
Exclusive dealing agreement
Regulation S of the Securities Act
Control persons
3. A company subject to the Exchange Act
Reporting company
Gramm-Leach-Bliley Act
Environmental Protection Agency (EPA)
Prospectus
4. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
National Environmental Policy Act (NEPA)
The Statute of Frauds
Expertised portion
Rules of construction
5. 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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6. 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
Per se
Process of appealing a case through the three levels of court
Lanham Act
Promise
7. 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.
Misrepresentation
Promisor's rights (in relation to the beneficiary)
Common Law
Tie-in agreement
8. The UCC defines 'goods' as all things that tare movable at the time of the contract. Article 2 of the says that the UCC governs all transactions for the sale of goods.
Lien
Administrative law judges
General Agreement on Tariffs and Trades
Goods
9. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Contract
Bilateral contract
Materiality
Consideration
10. The right to hold a security interest on a debtor's property.
Undue influence
Securities and Exchange Commission
Reporting company
Lien
11. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Liquidated damages clause
Occupational Safety and Health Act
Revocability
Consumer protection
12. The person being sued
Defendant
Export Administration Act (EAA)
Unilateral mistake
Obligor's rights
13. A situation where one person unfairly benefits from a transaction
Security interest
Unjust enrichment
The Council on Environmental Quality
Regulation S of the Securities Act
14. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Novation
Obligor
Prosecution
Creditor
15. 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.
'Quid pro quo'
Proxy
National Treatment
Petit jury
16. Latin for 'the thing speaks for itself' - when a plaintiff establishes the harm would not ordinarily occur without someone's negligence - the instrument creating the harm was under the sole and complete control of the defendant at the time the harm o
Res ipsa loquitor
Trial court
Revocation
The Social Security Administration
17. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Misstatement or omission
Judicial review
Consumer protection
Restatement (Second) of Contracts
18. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Personal jurisdiction
Motion for a more definitive statement
Social Security Act
Rule 505 of Regulation D of the Securities Act
19. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Foreign Sovereign Immunities Act
Unconscionability
Horizontal agreement
Federal Insurance Contributions Act
20. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Section 11 of the Securities Act
Clayton Act
'Ffour corners'
Unsecured creditor
21. Previous decisions made by decisions - by which the current judges must abide by.
Counteroffer
Precedent
Satisfaction
Strict liability
22. 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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23. The person who is bringing the suit
Plaintiff
Contract
Supervening illegality
Demurrer
24. A situation in which replacement or completion costs are significantly disproportionate to the actual harm caused by the breach
Treaties authority
Trust
Securities and Exchange Commission
Economic waste
25. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
Clean Air Act
Exclusive dealing agreement
'Definite and certain'
26. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Equal Employment Opportunity Commission (EEOC)
Reliance damages
Corporate social responsibility
Foreclosure
27. The defendant intended the product to cause harm or know that it was likely to occur. The defendant's conduct fell below the appropriate standard of care. Qualifies as negligence - because the defendant is a supplier because he has a duty. The defend
Federal Trade Commission
Implied terms
Judicial review
Liability based on intentional tort
28. Rules of ethics that govern the practice of law and the conduct of lawyers
Who is liable
Legal ethics
Changed circumstances that allow a party to be excused from performance under the contract
Procedural unconscionability
29. If a performance has already occurred - or a promise has already been made - then it generally cannot serve as the basis for consideration because it cannot be considered to have induced a bargain. Therefore - 'past consideration' is insufficient.
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30. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Securities and Exchange Commission
Obligor
Specialized federal courts
Summons
31. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
When an assignment becomes void
Objective standard
Process of appealing a case through the three levels of court
Creditor beneficiary
32. 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.
Stare decisis
Incidental beneficiary
A motion of summary judgement
Investment contracts
33. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Substantive unconscionability
Section 12(a)(2)
Appellee or respondent
Plaintiff
34. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Judgment n.o.v.
Rule 506 of Regulation D of the Securities Act
Fair Debt Collection Act
Clean Water Act
35. 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
Federal Rules of Civil Procedures
Post-trial motions
Rule 144 of the Securities Act
Parol Evidence Rule
36. The party seeking to appeal the previous court's decision
National Treatment
Appellant
Economic waste
Third party beneficiary
37. Contracts that are formed for the intended benefit of some third party.
Implied contracts
Reliance
Contract with intoxicated persons
Third party beneficiary
38. Misrepresentation that was made with intent
Fraud
Liquidated damages clause
Reliance damages
Demurrer
39. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Equal protection
Quasi-contract
Complete or total integration
Appellee or respondent
40. When the breach is so central to the contract that it significantly impairs the contract's value to the promisee. In this case - the promisee cannot terminate the agreement - but he can sue and suspend his performance.
Exclusive dealing agreement
Assignee
Diminution in value
Material breach
41. Oversees the purchase and sale of securities
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Secured transaction
Appellee or respondent
Securities and Exchange Commission
42. This takes place when a crime has been committed against the state. In this case - there is a prosecution - which writes an indictment and sends it to the grand jury. If the grand jury decides that there is sufficient evidence - it will return the pr
Consequentialism
Criminal Trial
'meeting of the minds'
Appellee or respondent
43. 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
Criminal Law
Enabling acts
Nonexpertized portions
Grand jury
44. 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
Rules of construction
Securities Act Registration
Effect of delegation
Legal detriment
45. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Equal Pay Act (EPA)
Tender offers
Jurisdiction
Investment contracts
46. 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
Partial or trivial breach
Employee Retirement Income Security Act (ERISA)
Equal Employment Opportunity Commission (EEOC)
'due process'
47. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Rules of interpretation of a contract by a court
Section 5 of the Securities Act
Collective bargaining
'Mirror image' rule
48. 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
Res ipsa loquitor
Condition precedent
Commercial speech
Gratuitous assignment
49. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
10-Q
Ordinances
Personal jurisdiction
Section 10(b) and Rule 10b-5 of the Exchange Act
50. The concept that the corporation only owes a duty to their shareholders and their financial concerns. 'Dodge v. Ford motor Company' reflects this concept
Shareholder primacy
'Past consideration'
Non-recoverable damages
Treaties authority