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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. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Superfund
Supervening illegality
Pretexting
Rule 12b (6) motion
2. A quarterly report required by the Exchange Act
National Labor Relations Act
Defenses against liability of misrepresentations or omissions
10-Q
'in pari delicto'
3. 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
Non-recoverable damages
General jurisdiction
Judicial review
Parol Evidence Rule
4. The obligor does not need to provide consent - but does need to be given notice.
Supervening illegality
Trial court
Incidental beneficiary
Process of assignment
5. They represent the amount of money a party has spent in justifiable reliance on a contract.
Discharge of contract
Reliance damages
Oral argument
Substantive unconscionability
6. Model Business Corporations Act and the Uniform Partnership Act of 1914 - which was superceded by the Uniform Partnership Act of 1984
Examples of Uniform Laws
Collective bargaining
Section 4 of the Securities Act
Priority of secured transactions
7. The Constitution makes treaties the 'supreme law of the land'
Token consideration
Economic waste
Treaties authority
'Takings'
8. 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.
Price fixing
Judgment n.o.v.
Injury-in-fact
Gratuitous assignment
9. 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
Mental incapacity
Executed exchange
Legal detriment
Bilateral Investment Treaty program
10. 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
Remand
Bureau of Customs and Border Protection
Contracts that prohibit assignment
Chapter 7 of the Code
11. 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
Consequentialism
National Environmental Policy Act (NEPA)
Creditor
Discovery
12. Rules of ethics that govern the practice of law and the conduct of lawyers
Legal ethics
Misappropriation theory
Enabling acts
Pregnancy Discrimination ACt
13. 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.
Resource Conservation and Recovery Act
Federal Communications Commission
Partial or trivial breach
Petit jury
14. Courts that do no have broad subject matter jurisdiction because they can only hear particular types of cases. For example - Federal courts have limited jurisdiction and do not have broad subject matter jurisdiction.
Termination of an invitation to make an offer
The Statute of Frauds
Promise
Limited jurisdiction
15. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Oral argument
Security interest
Prospectus
Diminution in value
16. 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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17. 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
Legal detriment
Duties that cannot be delegated
Collateral
The Family and Medical Leave Act
18. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Quasi-suspect classification
'meeting of the minds'
Adhesion
Section 12 (a)(1) of the Securities Act
19. 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
Scienter
Direct damages
Promisee's rights
Effect of delegation
20. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Direct damages
Limited jurisdiction
Export Administration Act (EAA)
Defendant
21. It represents a request for the court to take some action. A motion can be filed by a defendant.
Post-trial motions
Unilateral contract
National Environmental Policy Act (NEPA)
Motion
22. 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
Rule 12b (6) motion
Rule of reason
Process of appealing a case through the three levels of court
The Family and Medical Leave Act
23. Establishes certain rules for the proper resale - including the requirement that such securities must be held for at least one year - and sold through a broker in a transaction that involves a limited percentage of securities.
Suspect classification
Corporate social responsibility
Expectation damages (also known as the 'benefit of the bargain')
Rule 144 of the Securities Act
24. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
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25. Actual performance of an obligation
Domicile
Judicial review
Attorney/client privilege
Satisfaction
26. One party made a mistake - the mistake concerns a basic assumption on which the contract was made that has a material impact on performance - the party seeking to avoid performance has not assumed the risk of the mistake - and equities favor avoidanc
Administrative law judges
Misrepresentation
National Labor Relations Board
Unilateral mistake
27. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Assignee's rights
Levels of courts
Process of assignment
Petit jury
28. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Model Rules of Professional Conduct
Substantive unconscionability
Obligor's rights
Civil liability
29. 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
Commercial speech
Unemployment compensation laws
Materiality
Liability based on intentional tort
30. A current report required by the Exchange Act
Promise
Ordinances
Termination of an invitation to make an offer
8-K
31. Regulates air and water pollution as well as address problems associated with certain toxic substances
Public company
National Ambient Air Quality Standards
Environmental Protection Agency
Token consideration
32. 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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33. 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
Workers compensation laws
National Ambient Air Quality Standards
Reporting company
Attachment
34. 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
Workers compensation laws
Mutual mistake
National Environmental Policy Act (NEPA)
Implied contracts
35. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Token consideration
Expropriation
When an assignment becomes void
Treaties authority
36. 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 -
Revocation
Pension Benefit Guaranty Corporation (PBGC)
Any statutory seller
Appellate jurisdiction
37. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
National Labor Relations Act
When an assignment becomes void
Anticipatory repudiation
Federal Insurance Contributions Act
38. Treaties between two nations addressing investment concerns
Bilateral investment treaties
Promisee's rights
Employment discrimination
Corporate social responsibility
39. 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.
Federal question jurisdiction
Post-trial motions
Motion
Federal Insurance Contributions Act
40. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Trial court
United States Bankruptcy Code ('Code')
Counteroffer
Federal Trade Commission (FTC)
41. 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'
Revocability
Legal detriment
Model Rules of Professional Conduct
Implied terms
42. Earliest form of a system of laws (first seen in Babylon - 1792 BC). It is a system of laws based on an established code. The modern civil law systems are based on the codes founded in the Roman Empire. Civil law systems are used in France - Spain -
Civil Law or Code Law
Bilateral investment treaties
Satisfaction
National Labor Relations Act
43. 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
When an assignment becomes void
Token consideration
Examples of Uniform Laws
Any statutory seller
44. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Motion for a more definitive statement
Hung jury
Mistake
Token consideration
45. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Clayton Act
Clean Water Act
Attorney/client privilege
Changed circumstances that allow a party to be excused from performance under the contract
46. An intent to deceive or defraud
Scienter
Criminal Trial
Implied terms
Supervening illegality
47. Safeguards consumer's personal information by ensuring that financial institutions that have access to private financial information have protection plans for that information - ensures that consumers receive better disclosure regarding a financial i
Gramm-Leach-Bliley Act
Trial court
National Environmental Policy Act (NEPA)
Duress
48. 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
Corporate social responsibility
Revocation
Termination of an invitation to make an offer
Horizontal agreement
49. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
Model Rules of Professional Conduct
Pre-existing duty
Product liability
Corporate social responsibility
50. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Accord
Statutory Seller
Condition subsequent
Counteroffer