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Test your basic knowledge |
CLEP Introductory Business Law
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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 promise stated in words - either oral or written.
Clayton Act
Involuntary proceeding
Procedural unconscionability
Express contract
2. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Section 12(a)(2)
National Treatment
Federal Information Act
Civil Law
3. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Content-neutral restrictions
Companies that are subject to the exchange act (Reporting companies)
Shareholder primacy
Rule 504 of Regulation D of the Securities Act
4. Ethical behavior is guided by duties or obligation. John Locke referred to these obligations as 'natural rights' that are natural - universal - and inalienable (as seen in the Declaration of Independence)
Federal Trade Commission (FTC)
Joint obligation
Deontological
Defendant
5. It is a report prepared by the president. It includes an assessment of the environment and environmental policies - current and future environmental trends as well as potential remedies for deficiencies in the the nation's environmental programs and
Design defect
Delegation
The Environmental Quality Report
Unemployment compensation laws
6. A misrepresentation made with knowledge of its inaccuracy
Securities Act
Obligor
Prospectus
Scienter
7. 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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8. This when the evidence favoring the plaintiff's allegations is stronger than the evidence presented against her position. In a civil case - the jury must decide that the plaintiff proved her case by 'preponderance of evidence'.
Preponderance of evidence
Lanham Act
Non-recoverable damages
Breach
9. 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
Federal circuit court of appeals and the federal court of appeals
Model Rules of Professional Conduct
Mutual assent
Unemployment compensation laws
10. A supervening stature makes a contract illegal - and thereby makes performance impossible
Supervening illegality
Age Discrimination in Employment Act (ADEA)
Civil Law or Code Law
Substantial performance
11. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Market division
Total breach
Reliance
Gratuitous assignment
12. Also known as 'gap fillers' - the courts will imply certain terms in order to clarify a contract's meaning. These include: 'implied obligation of good faith' and 'obligation to use reasonable efforts'
Implied terms
Secured transaction
Process of assignment
Total breach
13. 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
Original jurisdiction
Clean Water Act
Chapter 7 of the Code
Criminal Trial
14. A quarterly report required by the Exchange Act
Bureau of Consumer Protection
Foreign Corrupt Practices Act
Revocability
10-Q
15. Treaties entered into between two nations
Adhesion
Bilateral treaties
Section 10(b) and Rule 10b-5 of the Exchange Act
Nonexpertized portions
16. Rule 12(b) of the Federal Rules also allows a defendant to make a motion to dismiss based on (a) a lack of subject matter jurisdiction - (b) lack of person jurisdiction - (c) lack of venue - (d) the lack of venue - (e) the failure to join necessary p
Promisee's rights
Precedent
Rule 12b (6) motion
Penalty
17. A U.S. program that coordinates efforts to provide protection for the investment interests of it's citizens doing business in foreign countries - and improve investor's access to foreign markets. Helps develops international policies and laws
Enabling acts
Bargained-for-exchange
Bilateral Investment Treaty program
Executed exchange
18. The person to extends credit or a loan - and hence the person to whom a debt is owed
10-Q
Creditor
Total breach
Precedent
19. Actual performance of an obligation
Complete or total integration
Malpractice
Satisfaction
Misrepresentation
20. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Nonexpertized portions
Charitable contributions
Oral argument
Design defect
21. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Joint obligation
Motion of directed verdict or of dismissal
Gramm-Leach-Bliley Act
Contract with intoxicated persons
22. Discrimination based on race or sex
Employment discrimination
Liquidated damages clause
Rule 12b (6) motion
Fair Debt Collection Act
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. Liability extends to ___________ - without the plaintiff needing to proof of reliance or causation. The seller can avoid liability by showing negative causation - the plaintiff knew that the statements in the prospectus at the time of her purchase -
Obligee
Any statutory seller
Rule 505 of Regulation D of the Securities Act
Mistake
25. 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)
Duty to mitigate
The Social Security Administration
Charitable contributions
26. The exchange of promises or an exchange of a promise for a performance.
Res judicata
Beneficiary's rights
Civil liability
Bargained-for-exchange
27. The person who is bringing the suit
Stare decisis
Appellee or respondent
Plaintiff
Specific performance
28. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Truth in Lending Act
Export Administration Act (EAA)
Res ipsa loquitor
Expectation damages (also known as the 'benefit of the bargain')
29. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Prosecution
Assignment of rights
Excuse of condition
Security agreement
30. 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
Securities Act
Domicile
National Ambient Air Quality Standards
National Labor Relations Act
31. An exemption for transactions involving offerings to employees.
Mental incapacity
Section 701 of the Securities Act
Rule 506 of Regulation D of the Securities Act
Restitution and rescission
32. They represent the amount of money a party has spent in justifiable reliance on a contract.
10-Q
Reliance damages
Consideration
Affirmative defenses
33. Actions designed to permanently reduce the health and safety risk associated with the site.
Supreme Court powers
Restatement (Second) of Contracts
Resource Conservation and Recovery Act
Remediation
34. Contracts that are formed for the intended benefit of some third party.
Treaties authority
Trial court
Third party beneficiary
Excuse of condition
35. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
Collective bargaining
Proxy
Termination of an invitation to make an offer
Defined contribution plan
36. 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.
Section 12 (a)(1) of the Securities Act
Judgment n.o.v.
Pre-existing duty
Section 12(a)(2)
37. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
Malpractice
Section 5 of the Securities Act
Short swing profits
Quasi-suspect classification
38. 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
Product liability
When an assignment becomes void
Unjust enrichment
Fraud
39. 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
Accord
Process of appealing a case through the three levels of court
Jurisdiction
Production quotas
40. 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
National Labor Relations Act
Section 7A of the Clayton Act
Organization for Economic Co-operation and Development (OECD)
Quasi-contract
41. 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
National Labor Relations Board
Resource Conservation and Recovery Act
'Past consideration'
Rules of interpretation of a contract by a court
42. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Specialized federal courts
Unemployment compensation laws
Discovery
Unconscionability
43. Regulates the handling of the pesticides being exported from and imported into the U.S.
Post-trial motions
Answer
Uniform Laws
Federal Environmental Pesticide Control Act
44. Misrepresentation that was made with intent
Federal Information Act
Fraud
Scienter
Gramm-Leach-Bliley Act
45. Administers federal labor laws
Implied terms
Federal Rules of Civil Procedures
National Labor Relations Board
Production quotas
46. Prohibits securities fraud. Liability will be held when misstatement/omission - materiality - connection with a securities transaction - reliance - causation - and damages are proven.
Examples of Uniform Laws
Section 10(b) and Rule 10b-5 of the Exchange Act
Motion
10-Q
47. Revocability relates to situations when an assignment can be taken away from the assignee. When an assignment is supported by consideration - it irrevocable - and vice-versa. If an assignment is irrevocable - then the assignor does not have the right
Revocability
Appellate jurisdiction
Complete or total integration
The Family and Medical Leave Act
48. 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.
Judgment n.o.v.
Levels of courts
'Blue sky' laws
Injunction
49. 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
Bilateral Investment Treaty program
Attachment
Design defect
Equal protection
50. A trivial defect in performance (the opposite of material breach).
Organization for Economic Co-operation and Development (OECD)
Substantial performance
8-K
Chapter 7 of the Code