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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. An exemption for transactions involving offerings to employees.
Legal capacity
Third party beneficiary
Rules of interpretation of a contract by a court
Section 701 of the Securities Act
2. The party that won in the previous court trial - but the other party is appealing the decision.
The Family and Medical Leave Act
Design defect
Public company
Appellee or respondent
3. 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
Securities Act
Common Law
Deontological
Duress
4. Created by the Employee Retirement Income Security Act - to insure private benefit plans - and employers must pay premiums to the PBGC to support such insurance.
Pension Benefit Guaranty Corporation (PBGC)
'Infants' or 'minors'
Trademark
'Definite and certain'
5. 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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6. Consideration means that there must be a bargained-for-exchange - and the promisee must incur some legal detriment. Consideration is necessary for a person seeking to enforce a contract. Courts generally do not evaluate the adequacy of the considerat
Consideration
Consumer protection
Securities Act
Collective bargaining
7. In an effort to create harmony between state laws - a group of experts create a set of laws which each state chooses to follow in whole or in part. (Ex. Uniform Commercial Code)
Nonexpertized portions
Multilateral treaties
10-K
Uniform Laws
8. An order from the court to perform the contract pursuant of its terms. This is only does when the damage remedy is inadequate and the equitable need for such performance outweighs the burden of supervision and harm to the defendant.
Specific performance
Injury-in-fact
National Labor Relations Act
Restitution
9. 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
Defined contribution plan
Effect of delegation
Employee-at-will
Mistake
10. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
10-Q
Federal question jurisdiction
Production quotas
Counterclaims
11. The person being sued
Vertical agreements
Appellant
Defendant
Rule 505 of Regulation D of the Securities Act
12. It represents notice that a lawsuit has been filed against the defendant
Section 10(b) and Rule 10b-5 of the Exchange Act
Securities Act Registration
National Environmental Policy Act (NEPA)
Summons
13. 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
Per se
Design defect
Res ipsa loquitor
Production quotas
14. He is someone who is either the person who directly sold securities to the purchaser - or someone who solicited the purchaser for a financial gain or for the seller's interests. Only a statutory seller is strictly liable for such violation of Section
Civil Law
Creditor beneficiary
Statutory Seller
Supervening illegality
15. 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.
Price fixing
Incidental beneficiary
Pre-existing duty
Misrepresentation
16. The party seeking to appeal the previous court's decision
Occupational Safety and Health Administration (OSHA)
Mutual mistake
Appellant
Rule 506 of Regulation D of the Securities Act
17. 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.
Indictment
Specialized federal courts
Goods
Motion
18. The court reviews the...1) Express words and conduct of the party 2) Course of performance 3) Course of dealing (conduct of parties before the transaction 4) Trade usage
Equity of redemption
Contract
Precedent
Rules of interpretation of a contract by a court
19. People who are below the age of majority (which varies from state to state). Any contract that they are a part of is void - unless - (a) sometimes when the minor intentionally misrepresented his age and caused the other party to rely on teh misrepres
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20. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
'Ffour corners'
Retraction
Assignee
21. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Trial court
Intended beneficiary
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
The Social Security Administration
22. 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.
Procedural unconscionability
Any statutory seller
Verdict
Market division
23. 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
Trust
The Environmental Quality Report
Strict liability
Design defect
24. (1948) The first international agreement on trading rules and standards. The rules help guide the WTO on how to create trade agreements...
Nonexpertized portions
Unilateral contract
General Agreement on Tariffs and Trades
'Blue sky' laws
25. Offering made to purchase all or a portion of the shares of a specific company
Token consideration
Reliance damages
Unjust enrichment
Tender offers
26. Regulates air and water pollution as well as address problems associated with certain toxic substances
Restatement (Second) of Contracts
Tender offers
Environmental Protection Agency
Bargained-for-exchange
27. It is a judgment notwithstanding the verdict requires the court to find that the evidence does not support the jury's verdict. If the court makes such a finding - it will overturn the jury's verdict.
Investment contracts
Priority of secured transactions
Judgment n.o.v.
Section 5 of the Securities Act
28. Previous decisions made by decisions - by which the current judges must abide by.
Expropriation
'meeting of the minds'
Precedent
Motion to strike
29. Judges that belong to an administrative agency - to which claims regarding administrative agency rules are brought to.
Reliance
Obligor's rights
Administrative law judges
Supreme Court powers
30. The person to whom the right is assigned
Process of appealing a case through the three levels of court
Bilateral treaties
Assignee
'de nuvo'
31. Regulates trusts and monopolies
Chapter 11 of the Code
Intended beneficiaries of government contract
Foreign Sovereign Immunities Act
Federal Trade Commission
32. The state representative in a criminal trial - since a crime is against the state. It bears the burden of proof
Automatic stay
'Takings'
Rule of reason
Prosecution
33. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Trust
A motion of summary judgement
Equal protection
When an assignment becomes void
34. A relationship of dominance pursuant to which one party has strong influence over another because there exists a fiduciary or other relationship of trust - or a party is weakened states - and the dominant party unfairly persuades the other party to e
Undue influence
When an assignment becomes void
Social Security Administration
Obligor's rights
35. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Standing
Charitable contributions
Supervening illegality
Parol Evidence Rule
36. When the stimulated amount (from the contract in case of breach) is unreasonable - it construed as a penalty and considered unenforceable.
Vertical agreements
Trust
Involuntary proceeding
Penalty
37. Protection of communications between an attorney and her client. Neither party is compelled to disclose such communications to the court. Only the client can waive the privilege.
Rule 147 of the Securities Act
Pre-existing duty
Expectation damages (also known as the 'benefit of the bargain')
Attorney/client privilege
38. It is the power to decide the type of case at issue. Federal courts do not have broad subject matter jurisdiction because they can only hear particular types of cases. Therefore - their subject matter jurisdiction results from either diversity jurisd
Bilateral investment treaties
Subject matter jurisdiction
Quasi-contract
Market division
39. A federal statute that prohibits trademark infringement and imposes penalties on those who engage in infringing behavior
Unsecured creditor
Chapter 11 of the Code
Federal Trade Commission (FTC)
Lanham Act
40. A misrepresentation made with knowledge of its inaccuracy
Scienter
'Quid pro quo'
Consumer protection
When an assignment becomes void
41. When the plaintiff's damages were caused by something other than the misrepresentation or omission
Negative causation
Age Discrimination in Employment Act (ADEA)
National Ambient Air Quality Standards
'clear and present'
42. 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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43. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Fair Labor Standards Act (FLSA)
Defined contribution plan
Criminal Law
Assignee's rights
44. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Production quotas
Pension Benefit Guaranty Corporation (PBGC)
Examples of Uniform Laws
Rule of reason
45. It is founded by the National Environmental Policy Act (NEPA) - to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality Report
10-Q
The Council on Environmental Quality
Securities and Exchange Commission
Federal Rules of Civil Procedures
46. Laws created by city councils or county boards - aimed at local matters
Age Discrimination in Employment Act (ADEA)
Ordinances
Equal protection
Federal question jurisdiction
47. Inadequate warning of danger - which can be construed as a design defect
Liquidated damages clause
Inadequate warning defect`
Assignee
Model Rules of Professional Conduct
48. 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
Promisee's rights
Criminal Trial
Prosecution
Partial or trivial breach
49. The creditor's right to take possession of the property is called foreclosure
Federal circuit court of appeals and the federal court of appeals
Employment law
Foreclosure
Design defect
50. Only one of the party wants to rescind the contract - which requires legal grounds to do so.
Unilateral rescission
Grand jury
Obligor's rights
Administrative Procedure Act