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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 state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Supreme Court powers
Prosecution
Condition subsequent
Preponderance of evidence
2. It is a pre-trial motion to take out certain matters
Motion to strike
Objective standard
Mortgage
Specialized federal courts
3. When the jury retires to a separate room to decide the outcome of the case.
Deliberation
Equal Employment Opportunity Commission (EEOC)
Social Security Act
Objective standard
4. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Clean Air Act
Motion
'Infants' or 'minors'
Affirm or disaffirm
5. A promise that is inferred from a person's conduct or the circumstances of the transaction
Preponderance of evidence
Implied contract
Accord
Reliance
6. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
National Labor Relations Board (NLRB)
Bona fide occupational qualification
Restatement (Second) of Contracts
Environmental Protection Agency
7. An intent to deceive or defraud
Vesting of beneficiary's rights
Companies that are subject to the exchange act (Reporting companies)
Mutual rescission
Scienter
8. 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
Burden of proof
Voluntarily proceeding
Title VII of the Civil Rights Act of 1964
Rules of construction
9. 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
Horizontal agreement
National Labor Relations Act
'Mailbox' rule
Occupational Safety and Health Administration (OSHA)
10. It regulates chemical substances
Market division
Federal circuit court of appeals and the federal court of appeals
Age Discrimination in Employment Act (ADEA)
Toxic Substances Control Act
11. Laws that states have passed that aim at regulating securities transactions within their states.
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12. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Assignee
Federal question jurisdiction
Administrative law judges
Fair Debt Collection Act
13. Negotiations between employers and groups of employees to create a collective agreement regarding employment compensation and other benefits.
Collective bargaining
Exempt securities and transactions
Section 10(b) and Rule 10b-5 of the Exchange Act
Control persons
14. They are the 'Federal Rules' that govern the procedures for filing a civil suit in federal cort. The states have adopted their own rules of procedures - but they generally are parallel to the federal rules.
8-K
Federal Rules of Civil Procedures
Material breach
Vertical agreements
15. 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
Motion for a more definitive statement
Token consideration
Mutual mistake
16. In some contracts - the parties will stipulate the amount of damages to be awarded upon a breach. The courts will award such amount if the damages were difficult to determine at the time the contract was written - the stipulated amount is a reason fo
Legal detriment
Liquidated damages clause
'Infants' or 'minors'
Appellee or respondent
17. Negative causation - due diligence defense - ...
Defenses against liability of misrepresentations or omissions
Counterclaims
Section 11 of the Securities Act
Economic waste
18. 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
Legal detriment
Limited jurisdiction
Motion to strike
Regulation S of the Securities Act
19. This sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. A court appeal is not allowed until all administrative remedies have been exhausted. Courts do not overturn agency actions unless they ar
Appellate jurisdiction
Exchange Act Regulations
Administrative Procedure Act
Obligor's rights
20. 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
Remediation
'due process'
Bureau of Consumer Protection
21. (an exception to Title VII) Discrimination is permitted because of the occupation qualifications
Substitutes of consideration
Restitution and rescission
Pre-existing duty
Bona fide occupational qualification
22. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Sherman Act
Consumer protection
Termination of an invitation to make an offer
National Labor Relations Board
23. It is a reference to the courts' ability to hear cases where the parties are 'diverse' (the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country and the amount in controversy exceeds $75 -000.
Consequential damages
Discharge of contract
Creditor beneficiary
Diversity jurisdiction
24. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Multilateral treaties
Materiality
Motion of directed verdict or of dismissal
Regulation D of the Securities Act
25. Section 24 of the Restatement defines an offer as a 'manifestation of willingness to enter into a bargain - so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.'
Offer
Multilateral treaties
Assignee's rights
10-K
26. The person who assigns her rights
Creditor beneficiary
Prosecution
Excuse of condition
Obligee
27. He has the enforceable right against the obligor because he is considered the real party interest.
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28. Exceptions to the writing contract in the Statute of Frauds. This is when: (a) a party admits in a pleading/testimony in court - that a contract was made - the contract is enforceable against the party to the extent of the admission - (b) performance
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29. Torts and contracts... represents law that regulates the relationships between parties.
Civil Law
Assignor
Obligor's rights
Mortgage
30. A security interest is perfected by filing a financing statement - which describes the collateral and the creditor's security interests in the collateral. This serves as a notice to third parties. Perfection can also occur by taking possession or con
Section 5 of the Securities Act
Termination of an invitation to make an offer
Breach
Perfected
31. 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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32. 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
Securities Exchange Act of 1934
Civil Law
Equal Credit Opportunity Act
Prospectus
33. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
'in pari delicto'
Contracts that prohibit assignment
Express contract
Rules of construction
34. The promisor can raise any defense against the beneficiary that he would have been able to raise against the promisee. The promisor cannot raise a defense against the beneficiary and the promisee.
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35. An exemption for offerings that occur primarily within one state.
Employee Retirement Income Security Act (ERISA)
Rule 147 of the Securities Act
Revocation
Clean Water Act
36. One of the primary federal statutes - and it created the Securities and Exchange Commission (SEC).
Federal question jurisdiction
Substantive unconscionability
Private placement
Securities Exchange Act of 1934
37. An exemption for transactions involving offerings to employees.
Summons
Deontological
Section 701 of the Securities Act
Attachment
38. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Remand
Verdict
Rule 504 of Regulation D of the Securities Act
Reliance
39. A quarterly report required by the Exchange Act
Trust
Oral argument
Equal Credit Opportunity Act
10-Q
40. When there is no bargained-for exchange - because there is no exchange.
Bilateral Investment Treaty program
Bureau of Consumer Protection
Resource Conservation and Recovery Act
Gift
41. 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
Group boycotts
Section 12 (a)(1) of the Securities Act
Injunction
Gramm-Leach-Bliley Act
42. When the court finds that one party lacks choice or there are gross inequities in the bargaining positions between the two parties (use of adhesion qualifies) A contract becomes voidable.
Post-trial motions
Procedural unconscionability
Subjective intent
Counterclaims
43. 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
Other constituency statutes
Material breach
Trademark
44. A pre-trial motion when the pleadings are vague or ambiguous.
Res judicata
Motion for a more definitive statement
Process of assignment
Vesting of beneficiary's rights
45. 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
Illusory promise
'Blue sky' laws
Securities Exchange Act of 1934
Effect of delegation
46. Directors - certain officers - and owners
Control persons
Title VII of the Civil Rights Act of 1964
Misstatement or omission
Restitution and rescission
47. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Workers compensation laws
Negative causation
Oral argument
Jurisdiction
48. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Scienter
Export Administration Regulations (EAR)
Voluntarily proceeding
The Statute of Frauds
49. An offer is not viewed as accepted unless the acceptance corresponded exactly with the terms of the offer. Therefore - any response by the offeree that changed the terms of the agreement would be treated as a rejection.
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50. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Attachment
Collective bargaining
Foreign Corrupt Practices Act
Rules of construction