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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. 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
Occupational Safety and Health Act
Illusory promise
Express contract
Misappropriation theory
2. (A part of Homeland Security since 2003) Responsible for preventing terrorists and terrorist weapons from entering the US.
Bureau of Customs and Border Protection
The Statute of Frauds
Other constituency statutes
Superfund
3. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
Strict liability
Toxic Substances Control Act
Prosecution
4. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Promise
National Labor Relations Board (NLRB)
Anticipatory repudiation
Legal capacity
5. 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
Petit jury
Collective bargaining
Section 7A of the Clayton Act
Subject matter jurisdiction
6. A condition that must occur before a duty to perform arises
Condition precedent
Writ of habeas corpus
Accord
Equal Pay Act (EPA)
7. 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
Equal Credit Opportunity Act
Contracts that prohibit assignment
Novation
Horizontal agreement
8. 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.
Contracts that prohibit assignment
Injunction
Civil liability
Domicile
9. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Consequential damages
Statutory Seller
Duties that cannot be delegated
Oral argument
10. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Effect of delegation
Duties that cannot be delegated
Joint obligation
Clean Air Act
11. The person to whom the right is assigned
Assignee
Clean Water Act
Discovery
Contract with intoxicated persons
12. A distinct mark or symbol that identifies a business and its products
Section 10(b) and Rule 10b-5 of the Exchange Act
Bilateral contract
Trademark
Non-recoverable damages
13. An exemption for transactions involving offerings to employees.
Deontological
Section 701 of the Securities Act
Commercial speech
Process of appealing a case through the three levels of court
14. Regulates radio - television - and other forms of interstate communications
Materiality
Liability based on intentional tort
'de nuvo'
Federal Communications Commission
15. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Contract with intoxicated persons
Fraud
Section 701 of the Securities Act
Export Administration Regulations (EAR)
16. It is a document containing information that must be delivered to investors prior to their securities' purchase. It is designed to contain all the information that an investor needs to evaluate the security and risk associated with purchasing the sec
Group boycotts
Prospectus
Consequential damages
Injunction
17. They arise when there is no actual contract - but is 'implied in the law' - and is sometimes by judges in order to avoid injustice
Demand assurance
Revocation
Quasi-contract
Civil liability
18. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
Section 5 of the Securities Act
Statutory Seller
Security agreement
Securities and Exchange Commission
19. 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
Tender offers
The Council on Environmental Quality
Federal circuit court of appeals and the federal court of appeals
Original jurisdiction
20. 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.
Title VII of the Civil Rights Act of 1964
Malpractice
Perfected
Res ipsa loquitor
21. 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.
Post-trial motions
Goods
Federal circuit court of appeals and the federal court of appeals
Stare decisis
22. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Section 4 of the Securities Act
Quasi-suspect classification
Who is liable
Toxic Substances Control Act
23. Requires agencies to provide citizens with information they request - unless the information falls within certain exempted categories (national defense or trade secrets).
Other constituency statutes
Restatement (Second) of Contracts
Collateral
Federal Information Act
24. 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
Discharge of contract
Delegation
Short swing profits
Affirm or disaffirm
25. The power of the Supreme Court to review federal or state law as constitutional or not. It is the result of the 'Marbury v Madison' case.
Demurrer
Section 701 of the Securities Act
Judicial review
Condition concurrent
26. 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
Remediation
Section 7A of the Clayton Act
Strict liability
Security agreement
27. The creditor's right to take possession of the property is called foreclosure
Consequentialism
Foreclosure
Companies that are subject to the exchange act (Reporting companies)
Changed circumstances that allow a party to be excused from performance under the contract
28. Regulates the handling of the pesticides being exported from and imported into the U.S.
Unsecured creditor
Contract
Federal Environmental Pesticide Control Act
Bilateral investment treaties
29. All total breaches are material breaches. However - a total breach have factors including whether there is a likelihood of a cure - further delay will prevent the promisee from making alternative arrangements - or prompt performance is a critical ele
Gift
The Social Security Administration
The Environmental Quality Report
Total breach
30. 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
Product liability
Non-recoverable damages
Rules of interpretation of a contract by a court
Control persons
31. Laws created by city councils or county boards - aimed at local matters
Intended beneficiaries of government contract
Consideration
Materiality
Ordinances
32. They represent losses that result from other transactions that are dependent upon the breached contract
Consequential damages
Federal Trade Commission
Assignee's rights
Federal Trade Commission (FTC)
33. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Duress
Plaintiff
Motion for a more definitive statement
Expertised portion
34. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Supervening illegality
Plaintiff
Multilateral treaties
Stare decisis
35. An independent federal agency established to promote consumer protection and reduce unfair competition among business.
Writ of habeas corpus
Section 10(b) and Rule 10b-5 of the Exchange Act
Title VII of the Civil Rights Act of 1964
Federal Trade Commission (FTC)
36. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Novation
Goods
10-K
Mutual mistake
37. When a judgement becomes permanent (which occurs when an appellant appeal is denied or the time to bring an appeal has expired). It prevents the parties from re-litigating the same action.
Discovery
Social entity or stakeholder theory of the corporation
Intended beneficiaries of government contract
Res judicata
38. 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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39. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
The Social Security Administration
Domicile
Jurisdiction
Reporting company
40. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Restatement (Second) of Contracts
Section 12 (a)(1) of the Securities Act
Common Law
Option contract
41. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Obligor
Market division
Equal protection
Occupational Safety and Health Administration (OSHA)
42. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Priority of secured transactions
Rule 504 of Regulation D of the Securities Act
Occupational Safety and Health Act
Security interest
43. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Foreign Corrupt Practices Act
Chapter 13 of the Code
Trust
Criminal Trial
44. Seeks to promote market economics and democratic governments
Organization for Economic Co-operation and Development (OECD)
National Labor Relations Board (NLRB)
Tie-in agreement
Control persons
45. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Bilateral contract
Diminution in value
'Blue sky' laws
Demurrer
46. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Delegation
Organization for Economic Co-operation and Development (OECD)
Penalty
Resource Conservation and Recovery Act
47. 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)
Deontological
Rule 505 of Regulation D of the Securities Act
Civil liability
'Blue sky' laws
48. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Changed circumstances that allow a party to be excused from performance under the contract
Export Administration Regulations (EAR)
Fair Debt Collection Act
Affirmative defenses
49. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
Restatement (Second) of Contracts
Administrative law judges
Contracts that prohibit assignment
General jurisdiction
50. 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
Unilateral mistake
Breach
Multilateral treaties
Offer