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Test your basic knowledge |
CLEP Introductory Business Law
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Subjects
:
clep
,
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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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. Agreements that grant an entity an exclusive right to manufacture a product within a given area. The Clayton Act prohibits such agreements. (vertical agreement)
Price fixing
Exclusive distributor agreements
Federal Trade Commission
Levels of courts
2. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Attachment
Monopoly
Unilateral rescission
Truth in Lending Act
3. A promise that is inferred from a person's conduct or the circumstances of the transaction
General jurisdiction
Bilateral Investment Treaty program
Implied contract
Judicial review
4. 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.
Diversity jurisdiction
Standing
Equal protection
Mutual assent
5. There is no contract between the employer and employee - and therefore - either the employee or the employer can terminate the employment relationship at any time for any reason.
Employee-at-will
Scienter
Rule of reason
Employee Retirement Income Security Act (ERISA)
6. 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
Excuse of condition
Securities
Resource Conservation and Recovery Act
Promise
7. It represents a request for the court to take some action. A motion can be filed by a defendant.
Criminal Trial
Liability based on intentional tort
Motion
Contracts that prohibit assignment
8. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Post-trial motions
Complete or total integration
Trial court
Executed exchange
9. Section 1 of the Restatement defines it as 'a promise or a set of promises for the breach of which the law gives a remedy - or the performance of which the law in some way recognizes a duty'.
Contract
'clear and present'
Social Security Act
Vesting of beneficiary's rights
10. 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
Promise
Gramm-Leach-Bliley Act
Specific performance
Perfected
11. 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
Public company
Securities Exchange Act of 1934
Vertical agreements
12. Laws that states have passed that aim at regulating securities transactions within their states.
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13. 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.
Duress
Donee beneficiary
The Environmental Quality Report
Rule 144 of the Securities Act
14. 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.
Prospectus
Resource Conservation and Recovery Act
Material breach
Demand assurance
15. 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).
Affirm or disaffirm
Federal circuit court of appeals and the federal court of appeals
Resource Conservation and Recovery Act
Injury-in-fact
16. The National labor Relations Act established this administrative agency. It helps resolve disputes between employees and employers
Subjective intent
Grand jury
National Ambient Air Quality Standards
National Labor Relations Board (NLRB)
17. 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
Defendant
'meeting of the minds'
When an assignment becomes void
Materiality
18. When there is a previous valid contract - agreement by all of the parties to the new contract - an intention to immediately terminate duties under the previous contract - and a new contract that is valid and enforceable.
Condition subsequent
Novation
Motion for a more definitive statement
Oral argument
19. The Constitution makes treaties the 'supreme law of the land'
Section 4 of the Securities Act
Treaties authority
Duress
Rule 505 of Regulation D of the Securities Act
20. 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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21. 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.
Answer
Equal Pay Act (EPA)
'due process'
Res judicata
22. Treaties between two nations addressing investment concerns
Hung jury
Donee beneficiary
Limited jurisdiction
Bilateral investment treaties
23. 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'
Regulation S of the Securities Act
Federal Environmental Pesticide Control Act
Implied terms
Rule 504 of Regulation D of the Securities Act
24. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Changed circumstances that allow a party to be excused from performance under the contract
Charitable contributions
Express contract
General Agreement on Tariffs and Trades
25. The person to whom the right is assigned
Assignee
Gratuitous assignment
Horizontal agreement
Condition concurrent
26. A creditor that does not have a security interest in any of the debtor's property or assets.
Unsecured creditor
The Family and Medical Leave Act
Securities Exchange Act of 1934
Uniform Commercial Code ('UCC')
27. An error about a fact in existence at the time the contract was make. A contract entered into based on a mistake is voidable
Short swing profits
Federal district court
Mistake
Exclusive distributor agreements
28. Agreements requiring a buyer to resell products to a specific manufacturer. The Clayton Act prohibits such agreements (vertical agreement)
Nonexpertized portions
Equal Employment Opportunity Commission (EEOC)
A motion of summary judgement
Exclusive dealing agreement
29. 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 -
Consequential damages
Any statutory seller
Penalty
Rational basis test
30. He has the enforceable right against the obligor because he is considered the real party interest.
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31. A contract that is made where two promises are outstanding.
'Past consideration'
Section 5 of the Securities Act
Bilateral contract
Diminution in value
32. Regulates trusts and monopolies
Federal Trade Commission
Assignee's rights
Burden of proof
Unilateral contract
33. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
The Environmental Quality Report
Intended beneficiary
Commercial speech
Public company
34. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Corporate social responsibility
Restitution
Fair Labor Standards Act (FLSA)
Goods
35. 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
Criminal Law
Unilateral contract
Res ipsa loquitor
Motion of directed verdict or of dismissal
36. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Remediation
Federal Trade Commission (FTC)
Rule 506 of Regulation D of the Securities Act
Model Rules of Professional Conduct
37. 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
Securities and Exchange Commission
Retraction
The Statute of Frauds
Gramm-Leach-Bliley Act
38. 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
Stare decisis
Workers compensation laws
Section 7A of the Clayton Act
Res ipsa loquitor
39. These are approximate damages to show the necessary amount to compensate the party if the breach had not occurred and the contract has been fully performed. Expectation damages are comprise of direct and consequential damages.
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40. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Trust
Common Law
Motion
Specific performance
41. This is when the appellate court send the case back to the lower court for a new trial.
Reliance
Negative causation
Remand
Donee beneficiary
42. 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.
Federal question jurisdiction
Subject matter jurisdiction
Goods
Criminal Law
43. Regulates stock exchanges - the over-counter market - and individuals who assist investors with trading activities.
Superfund
Exchange Act Regulations
Res ipsa loquitor
Obligor
44. This takes place when a crime has been committed against the state. In this case - there is a prosecution - which writes an indictment and sends it to the grand jury. If the grand jury decides that there is sufficient evidence - it will return the pr
Criminal Trial
'Mailbox' rule
Legal ethics
Horizontal agreement
45. The test of government regulations - of whether it is rationally related to a legitimate government interests. All classifications are subject to a rational basis test.
Novation
Unilateral rescission
Rational basis test
Rules of interpretation of a contract by a court
46. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Attorney/client privilege
Direct damages
The Social Security Administration
Securities Act Registration
47. Issues rules and guidelines aimed at ensuring the effective implementation of anti-discrimination laws. It established procedures for employees who believe they are victims of discrimination.
Uniform Commercial Code ('UCC')
Federal circuit court of appeals and the federal court of appeals
Toxic Substances Control Act
Equal Employment Opportunity Commission (EEOC)
48. An exemption for certain small offerings
Implied terms
Misrepresentation
Regulation A of the Securities Act
Section 12(a)(2)
49. 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.
Vertical agreements
Consequentialism
Malpractice
Superfund
50. 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
Novation
Equity of redemption
Investment contracts
Effect of delegation
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