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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. The documents that parties file in connection with their lawsuit
Rules of construction
Judicial review
Pleadings
Donee beneficiary
2. 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.
Fair Credit Reporting Act
Rule of reason
Federal Insurance Contributions Act
Discovery
3. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Occupational Safety and Health Act
Toxic Substances Control Act
Satisfaction
Securities Act Registration
4. Ethical behavior in terms of its consequences ('the end justifies the means')
'in pari delicto'
Injunction
Assignment of rights
Consequentialism
5. Duties that involve some personal service or skill or that would materially change the obligor's expectancy under the contract may not be delegated without the obligee's consent. When a contract prohibit assignment - then it also cannot be delegated.
Expectation damages (also known as the 'benefit of the bargain')
Duties that cannot be delegated
Bona fide occupational qualification
Partial or trivial breach
6. Obtaining consumer's private financial information under false pretenses
Section 7A of the Clayton Act
Pretexting
Reliance damages
Contracts that prohibit assignment
7. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Tender offers
Oral argument
National Labor Relations Board (NLRB)
Manufacturing defect
8. 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
Restitution
Design defect
Prospectus
Deontological
9. Law that enforces promises between parties. It also provides the principles for determining whether a promise is enforceable.
Termination of an invitation to make an offer
Implied contract
Delegation
Contract law
10. An exemption for securities sold outside of the U.S.
Counterclaims
Reporting company
Regulation S of the Securities Act
'Infants' or 'minors'
11. An exemption for offerings that occur primarily within one state.
Attachment
Goods
Rule 147 of the Securities Act
Jurisdiction
12. Oversees implementation of this benefit program of the Social Security Act
Collective bargaining
Stare decisis
Condition
Social Security Administration
13. Defenses that would prevent the plaintiff from holding the defendant liable
Control persons
Personal jurisdiction
Trust
Affirmative defenses
14. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Exclusive distributor agreements
Concurrent conflict of interests
Informed consent
Exclusive dealing agreement
15. 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
Retraction
Bilateral treaties
Motion of directed verdict or of dismissal
Superfund
16. Regulates exports - including implementing export controls - which restrict the exportation of certain goods based on national security and other concerns.
Export Administration Act (EAA)
Involuntary proceeding
Express contract
Security interest
17. Acceptance is effective when the offeree sends it - no matter the type of communication. However - a revocation becomes valid when the offeree receives it. Again - if the offeree changes his mind - and sends two different messages - whichever reaches
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18. It regulates chemical substances
'meeting of the minds'
Toxic Substances Control Act
Specific performance
Environmental Protection Agency (EPA)
19. Laws created by city councils or county boards - aimed at local matters
Novation
Exchange Act Regulations
Fair Labor Standards Act (FLSA)
Ordinances
20. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Mutual assent
Clean Water Act
Mutual rescission
Unsecured creditor
21. When there is no bargained-for exchange - because there is no exchange.
Gift
Section 10(b) and Rule 10b-5 of the Exchange Act
Fair Debt Collection Act
National Institute for Occupational Health
22. Treaties entered into between two nations
Bilateral investment treaties
Bilateral treaties
Petit jury
Assignor
23. The person to extends credit or a loan - and hence the person to whom a debt is owed
Creditor
Occupational Safety and Health Act
Pregnancy Discrimination ACt
Employee Retirement Income Security Act (ERISA)
24. An exemption for transactions involving offerings to employees.
Occupational Safety and Health Administration (OSHA)
Section 701 of the Securities Act
Plaintiff
Collateral
25. The U.S. federal trial court is called the federal district court. There are 94 district courts through the US and territories.
Unilateral mistake
Mutual assent
Federal Communications Commission
Federal district court
26. 1) A trial court - (2) An appeals or appelate court - (3) A supreme court
Quasi-contract
Levels of courts
Limited jurisdiction
Injunction
27. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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28. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Utilitarianism
Demand assurance
Promisor's rights (in relation to the beneficiary)
Penalty
29. 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
Nonexpertized portions
Pleadings
Securities
The Environmental Quality Report
30. Claims that the defendant has against the plaintiff
Bureau of Consumer Protection
Counterclaims
Resource Conservation and Recovery Act
Gratuitous assignment
31. If a party is under an immediate duty to perform - the contract must be discharged either by performance or by some excuse for performance
Discharge of contract
Quasi-suspect classification
Assignee's rights
Specialized federal courts
32. 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
Horizontal agreement
Secured transaction
Vesting of beneficiary's rights
Securities and Exchange Commission
33. A motion that can be filed by either party at any time. The motion will be granted by a judge when finding that (a) there is no genuine issue of material fact - and as a result - (b) one party is entitled to prevail int he case as a matter of law.
A motion of summary judgement
Price fixing
Unilateral mistake
Fair Labor Standards Act (FLSA)
34. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Executed exchange
Unconscionability
Grand jury
Writ of certiorari
35. Agreements between buyers and sellers - price-related agreements are per se illegal. Such agreements require court scrutiny based on the rule of reason in order to be held illegal.
Commercial speech
Vertical agreements
Penalty
Executed exchange
36. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Specialized federal courts
Stare decisis
Chapter 13 of the Code
Chapter 11 of the Code
37. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Commencing a lawsuit
Materiality
Chapter 13 of the Code
Rule 504 of Regulation D of the Securities Act
38. 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
Resource Conservation and Recovery Act
Enabling acts
Title VII of the Civil Rights Act of 1964
Chapter 7 of the Code
39. The US appeals or appelate court. If a party appeals the district court's decision - it can be brought to the federal court of appeals or the federal court of appeals. It has appellate jurisdiction.
Section 10(b) and Rule 10b-5 of the Exchange Act
Rule 147 of the Securities Act
Federal circuit court of appeals and the federal court of appeals
Administrative law judges
40. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Contract with intoxicated persons
Subjective intent
Complete or total integration
Changed circumstances that allow a party to be excused from performance under the contract
41. A perfected security interest takes priority over unperfected security interest. While the first person to file his security interest has priority. If neither party perfected by filing - then the first person to perfect her security interest has prio
Consequential damages
Consequentialism
Legal ethics
Priority of secured transactions
42. They represent the amount of money a party has spent in justifiable reliance on a contract.
Proxy
The Statute of Frauds
Effect of delegation
Reliance damages
43. 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
Changed circumstances that allow a party to be excused from performance under the contract
Revocability
Defined contribution plan
44. 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
Stare decisis
Preponderance of evidence
Affirm or disaffirm
Equal protection
45. Agreements among competitors to 'divide the market' by splitting up geographic areas in order eliminate competition in those areas (a horizontal agreement)
Common Law
'Infants' or 'minors'
Market division
Writ of certiorari
46. 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
Tie-in agreement
Commencing a lawsuit
Treaties authority
Affirm or disaffirm
47. 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)
Malpractice
Bilateral investment treaties
Misrepresentation
Tie-in agreement
48. 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.
Trial court
Misrepresentation
Token consideration
Civil liability
49. A party's damage award will be reduced by any loss he did or could have avoided.
Duty to mitigate
Monopoly
Mistake
Restatement (Second) of Contracts
50. The obligor does not need to provide consent - but does need to be given notice.
Federal Information Act
Criminal Trial
Appellate jurisdiction
Process of assignment