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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. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Truth in Lending Act
Private placement
Preponderance of evidence
Restitution
2. The creditor's security interest in real property
Mortgage
Changed circumstances that allow a party to be excused from performance under the contract
Administrative Procedure Act
Donee beneficiary
3. The belief that the corporation has a social and ethical responsibility to operate in a manner that benefits other stakeholders. However - laws do not impose this obligation/responsibility
Social entity or stakeholder theory of the corporation
Equal Credit Opportunity Act
Securities and Exchange Commission
Verdict
4. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Bureau of Consumer Protection
Domicile
Public company
Non-recoverable damages
5. Actions designed to permanently reduce the health and safety risk associated with the site.
Substantive unconscionability
Counteroffer
'Infants' or 'minors'
Remediation
6. Offering made to purchase all or a portion of the shares of a specific company
Environmental Protection Agency
Total breach
10-K
Tender offers
7. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Restatement (Second) of Contracts
'Infants' or 'minors'
Securities and Exchange Commission
Pleadings
8. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Civil liability
Bilateral Investment Treaty program
Defined contribution plan
Mental incapacity
9. It imposes a civil liability for material misstatements or omissions in a prospectus or oral statements that relate to a prospectus.
Economic waste
Section 12(a)(2)
Section 11 of the Securities Act
Consequentialism
10. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Post-trial motions
Securities Act
National Environmental Policy Act (NEPA)
Rule 504 of Regulation D of the Securities Act
11. Prohibits institutions from discrimination related to credit applications
Environmental Protection Agency
Equal Credit Opportunity Act
The Council on Environmental Quality
Limited jurisdiction
12. This means that each party to the contract must manifest or reveal her intent to be bound to a given exchange. Mutual assent is a requirement for a contract to be formed. There must be an offer and an acceptance.
Sherman Act
Mutual assent
Indictment
Parol Evidence Rule
13. 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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14. It represents notice that a lawsuit has been filed against the defendant
Sherman Act
Summons
Civil Law
Partial or trivial breach
15. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
National Ambient Air Quality Standards
Subjective intent
Demand assurance
Private placement
16. 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
Social Security Administration
Clean Air Act
Per se
Implied terms
17. 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.
Section 11 of the Securities Act
Hung jury
Market division
Material breach
18. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Unsecured creditor
Social Security Act
Procedural unconscionability
Petit jury
19. 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
Prosecution
Production quotas
'Past consideration'
Revocation
20. Laws created by city councils or county boards - aimed at local matters
Expertised portion
Ordinances
Equal Pay Act (EPA)
Legal detriment
21. 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.
Defendant
Enabling acts
Levels of courts
'Past consideration'
22. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Obligor
Secured transaction
Liquidated damages clause
Expectation damages (also known as the 'benefit of the bargain')
23. The person who assigns her rights
Obligee
Statute of limitations
Implied contract
Total breach
24. 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.
Quasi-contract
Condition
Rule 144 of the Securities Act
Creditor
25. Agreements whereby a seller agrees to sell one product to a customer - but only on the condition that the customer purchases another product (vertical agreement)
Age Discrimination in Employment Act (ADEA)
Civil Law or Code Law
Tie-in agreement
Environmental Protection Agency
26. The person who is bringing the suit
Rule 144 of the Securities Act
Production quotas
Plaintiff
The Family and Medical Leave Act
27. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Deontological
Chapter 13 of the Code
Quasi-contract
Executed exchange
28. Directors - certain officers - and owners
Partial or trivial breach
Pleadings
Control persons
Chapter 7 of the Code
29. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Unilateral rescission
Jurisdiction
Vesting of beneficiary's rights
Bargained-for-exchange
30. Claims that the defendant has against the plaintiff
Securities and Exchange Commission
Limited jurisdiction
Counterclaims
Defined benefit plans
31. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Expertised portion
Stare decisis
Condition precedent
Lanham Act
32. Liability imposed on sellers and other for compensating people who have been injured as the result of defective product. Liability actions can be brought as tort or contract claims (breach of warranty).
Condition subsequent
Product liability
Undue influence
Collateral
33. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Environmental Protection Agency
National Labor Relations Board (NLRB)
Rational basis test
'Past consideration'
34. A body of rules and system based on the decisions that judges have made in the past about such cases. It originated in England. In the late 1700s - Sir William Blackstone published 'Commentaries on the Law of England' - which provides the most compre
Beneficiary's rights
Partial or trivial breach
Common Law
Employee Retirement Income Security Act (ERISA)
35. The person being sued
Discovery
Attachment
Defendant
Utilitarianism
36. An anti-discrimination law that prohibits employment discrimination based on race - color - religion - sex - and national origin. This prohibits discrimination in hiring - firing - recruiting - and compensation. Prohibit sexual harassment or requesti
Clean Air Act
Title VII of the Civil Rights Act of 1964
Substitutes of consideration
The Social Security Administration
37. Has appellate jurisdiction (but limited to reviewing the decision of the appellate court) and the power to remand and review decisions of state supreme court. When it reviews the decision of the lower court involving interpretations of legal rules -
Supreme Court powers
Contract
Exclusive dealing agreement
Shareholder primacy
38. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Creditor
Bona fide occupational qualification
Section 12 (a)(1) of the Securities Act
Legal capacity
39. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Affirmative defenses
Assignment of rights
Discharge of contract
Market division
40. 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
Employee Retirement Income Security Act (ERISA)
Implied contracts
Diversity jurisdiction
Total breach
41. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
'de nuvo'
Equal Pay Act (EPA)
Deliberation
Concurrent conflict of interests
42. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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43. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Occupational Safety and Health Administration (OSHA)
Hung jury
Contract law
Quasi-contract
44. Portions of a registration statement that are certified by an expert such as financial statements or legal opinions. An expert only has liability for the expertized portion
Anticipatory repudiation
Expertised portion
National Treatment
Illusory promise
45. When a party takes back his repudiation and agrees to perform under the contract. Retraction is not valid if the non-repudiating party has materially changed her position in reliance on teh repudiation - or indicated her willingness to treat the repu
Lanham Act
National Treatment
Appellate jurisdiction
Retraction
46. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Uniform Commercial Code ('UCC')
Monopoly
Fair Labor Standards Act (FLSA)
Burden of proof
47. If the employee can prove that the employer created an implied contract to fire the employee only for the cause - such a contract will prevent firing an employee from any reason.
Implied contracts
Deliberation
Nonexpertized portions
Securities Act Registration
48. Any party bringing suit must have standing (the legal right to bring the suit). The plaintiff files a complaint with the trial court setting for the basis of his lawsuit. The court must then issue to the defendant a copy of the complaint and a summon
Commencing a lawsuit
Incidental beneficiary
Satisfaction
Treaties authority
49. 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
Secured transaction
Export Administration Regulations (EAR)
Uniform Laws
Clayton Act
50. This is when the appellate court send the case back to the lower court for a new trial.
Remand
Strict liability
Treaties authority
Judgment n.o.v.