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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. A company becomes a 'public company' when it issues its securities pursuant to this registration process.
Counterclaims
Breach
Implied terms
Public company
2. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Quasi-suspect classification
Occupational Safety and Health Administration (OSHA)
Perfected
Jurisdiction
3. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Civil Law
Employee-at-will
Group boycotts
Tender offers
4. Prohibits companies from seeking to bribe foreign official in order to obtain a business advantage in their country
Process of appealing a case through the three levels of court
Limited jurisdiction
Foreign Corrupt Practices Act
Motion to strike
5. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Assignee's rights
8-K
Offer
Duress
6. 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).
'Mirror image' rule
Duties that cannot be delegated
Affirm or disaffirm
Rule 504 of Regulation D of the Securities Act
7. When the creditor initiates the proceedings.
Exclusive distributor agreements
Involuntary proceeding
Subjective intent
Undue influence
8. Words or actions an individual may have intended - but did not communicate
Subjective intent
Criminal Law
Duties that cannot be delegated
Equal Credit Opportunity Act
9. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Social Security Act
Equal Employment Opportunity Commission (EEOC)
Goods
Section 11 of the Securities Act
10. Prohibits abusive and unfair debt collection practices - and imposes penalties on debt collector who engage in such practices
Workers compensation laws
Title VII of the Civil Rights Act of 1964
Unilateral contract
Fair Debt Collection Act
11. 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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12. A condition that must occur before a duty to perform arises
Condition precedent
Creditor
Reliance damages
Excuse of condition
13. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Consumer protection
Injunction
'in pari delicto'
Motion to strike
14. An exemption for offers: no limitation on dollars - but less than 35 people (sophisticated) - excluding accredited investors.
Investment contracts
Mutual assent
Collective bargaining
Rule 506 of Regulation D of the Securities Act
15. The creditor's security interest in real property
Mortgage
Expropriation
Malpractice
Utilitarianism
16. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Rational basis test
Section 4 of the Securities Act
Summons
Specialized federal courts
17. The federal law that governs bankruptcy proceedings - which occur in federal bankruptcy court. A petition must be filed in the court. Bankruptcy helps eliminate or reduce debts. Once a bankruptcy proceeding is initiated - a creditor may not seek to c
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18. Impossibility - impracticability - or frustration of purpose. The event that caused the change in circumstances must be proved to have been unforeseen.
Objective standard
Malpractice
Changed circumstances that allow a party to be excused from performance under the contract
Any statutory seller
19. Offering made to purchase all or a portion of the shares of a specific company
Precedent
Federal question jurisdiction
Tender offers
Standing
20. They represent losses that result from other transactions that are dependent upon the breached contract
'Mirror image' rule
Employment discrimination
Consequential damages
Section 12(a)(2)
21. 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 -
Implied contract
Any statutory seller
Securities Act Registration
Environmental Protection Agency (EPA)
22. An exchange (something bought and sold - with both the good and the money changing hands) immediately executed
Delegation
Shareholder primacy
Securities and Exchange Commission
Executed exchange
23. Applies to all employers who engage in interstate commerce. It authorizes the Secretary of Labor to create health and safety standards
Rules of interpretation of a contract by a court
Occupational Safety and Health Act
Non-recoverable damages
Federal Trade Commission
24. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Discovery
Chapter 13 of the Code
Restatement (Second) of Contracts
Prosecution
25. 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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26. This involves filing a registration statement with the SEC - which contains information about the securities to be registered as well as the company that is issuing the security. Included within the registration statement is a prospectus
Trust
Legal ethics
Contract
Securities Act Registration
27. 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.
Post-trial motions
Judicial review
Exchange Act Regulations
Negative causation
28. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Federal Communications Commission
Gramm-Leach-Bliley Act
Standing
Foreign Sovereign Immunities Act
29. 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.
Malpractice
When an assignment becomes void
Goods
Unilateral mistake
30. When a contract is presented on a 'take it or leave it' basis - leaving no room for bargaining. The courts qualifies this as procedural unconscionability - making the contract voidable
Clean Air Act
Adhesion
Concurrent conflict of interests
Securities
31. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Collateral
Security interest
Option contract
Levels of courts
32. The obligation to establish his claims first
8-K
Federal Trade Commission (FTC)
Burden of proof
Delegation
33. Not discriminating against foreign product - thereby treating all products within their border equally
Specific performance
Obligor's rights
National Treatment
Rule 12b (6) motion
34. A promise that is inferred from a person's conduct or the circumstances of the transaction
National Ambient Air Quality Standards
Section 11 of the Securities Act
Implied contract
Clayton Act
35. The obligee who officially assigned over his rights
Securities Exchange Act of 1934
National Institute for Occupational Health
Affirmative defenses
Assignor
36. 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).
Original jurisdiction
Unilateral rescission
Product liability
Federal question jurisdiction
37. The documents that parties file in connection with their lawsuit
Attachment
Criminal Trial
Pleadings
Fair Labor Standards Act (FLSA)
38. 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
Diversity jurisdiction
Securities and Exchange Commission
Secured transaction
Donee beneficiary
39. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Grand jury
Duties that cannot be delegated
Domicile
40. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Stare decisis
Tender offers
Section 12 (a)(1) of the Securities Act
Security interest
41. It is a transaction pursuant to which one party transfers her rights under a contract to another. The Restatement defines an assignment as the 'manifestation of an intention to transfer a right to a third person.'
Section 701 of the Securities Act
Assignment of rights
General Agreement on Tariffs and Trades
Material breach
42. It is the right to receive notice of any actions that would deprive a person of life - liberty - or property - and allows for the person to have the opportunity to present a case in a fair procedure before a neutral decision-maker. A clause found in
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43. A situation where one person unfairly benefits from a transaction
Preponderance of evidence
Regulation S of the Securities Act
Unjust enrichment
Security agreement
44. 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
Demand assurance
'Quid pro quo'
Summons
Sham consideration
45. 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
Implied terms
Section 701 of the Securities Act
Social entity or stakeholder theory of the corporation
Motion to strike
46. They represent the amount of money a party has spent in justifiable reliance on a contract.
Federal district court
Intended beneficiaries of government contract
Reliance damages
Mistake
47. The proceeding for a supervised reorganization of the debtor's business. The debtor must present a plan of reorganization to the bankruptcy court. After 120 days - creditors have the right to present competing plans. The court makes the final determi
Chapter 11 of the Code
Scienter
Duties that cannot be delegated
Federal Insurance Contributions Act
48. 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.
Expertised portion
Federal Rules of Civil Procedures
Federal circuit court of appeals and the federal court of appeals
Condition concurrent
49. A contract that is made where two promises are outstanding.
Bilateral contract
Precedent
Collective bargaining
Securities and Exchange Commission
50. 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
Post-trial motions
Exclusive dealing agreement
Sham consideration
Employee Retirement Income Security Act (ERISA)
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