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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. 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
Federal Information Act
Duty to mitigate
Gramm-Leach-Bliley Act
2. Defenses that would prevent the plaintiff from holding the defendant liable
Verdict
Malpractice
Fair Debt Collection Act
Affirmative defenses
3. Employers make payments to retired employees based on the length of their employment and the wages they received.
Pleadings
Reliance damages
Priority of secured transactions
Defined benefit plans
4. A small sign of regard. If something can be construed as token consideration because it lacks any value - then courts will find it legally insufficient.
Enabling acts
Promisor's rights (in relation to the beneficiary)
Securities Act
Token consideration
5. A creditor that does not have a security interest in any of the debtor's property or assets.
Unemployment compensation laws
Motion for a more definitive statement
Unsecured creditor
Commencing a lawsuit
6. Speech regarding commercial or economic activities. Congress has a broad ability to regulate commercial speech. (However - government regulations based on content are subject to strict scrutiny - meaning that they will be sustained only if they are n
Commercial speech
Demand assurance
Effect of delegation
Total breach
7. A misrepresentation made with knowledge of its inaccuracy
Bureau of Consumer Protection
Writ of habeas corpus
Scienter
Treaties authority
8. An affirmative misrepresentation - a failure to make statements necessary for other statements not to be misleading - or an omission when there is a duty to disclose.
Pleadings
Misstatement or omission
'de nuvo'
Taking a contract 'out of the Statute of Frauds'
9. The person to extends credit or a loan - and hence the person to whom a debt is owed
Incidental beneficiary
Prospectus
Domicile
Creditor
10. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Joint obligation
Uniform Commercial Code ('UCC')
Production quotas
Civil liability
11. Contracts that are formed for the intended benefit of some third party.
Per se
Third party beneficiary
Unilateral rescission
Age Discrimination in Employment Act (ADEA)
12. When the courts' power to hear cases arising under the Constitution - federal laws - or U.S. treatises. Federal question jurisdiction is exclusive.
Counterclaims
Attorney/client privilege
Condition precedent
Federal question jurisdiction
13. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Consequentialism
Nonexpertized portions
Occupational Safety and Health Administration (OSHA)
Changed circumstances that allow a party to be excused from performance under the contract
14. 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
15. When both parties are mistaken - the mistake concerns a basic assumption on which the contract was made that has material impact on performance - and the party seeking to avoid performance has not assumed the risk of the mistake. Contract is voidable
Civil Law or Code Law
Appellate jurisdiction
Mutual mistake
Supreme Court powers
16. It is a duty that a person is already obligated to perform. The promise to perform a pre-existing duty is not a legal detriment. However - a legal detriment will exist if one promises to a performance that is different from the pre-existing duty - o
Concurrent conflict of interests
Pre-existing duty
Content-neutral restrictions
Secured transaction
17. 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.
Executed exchange
Consideration
Federal question jurisdiction
Pension Benefit Guaranty Corporation (PBGC)
18. The standards designed to reduce the presence of pollutants int eh air to levels that are consistent with promoting good health and preserving the environment. States must ensure that they are in compliance with such standards
Americans with Disabilities Act (ADA)
National Ambient Air Quality Standards
The Environmental Quality Report
Duty to mitigate
19. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
20. Inadequate warning of danger - which can be construed as a design defect
Statutory Seller
Effect of delegation
Perfected
Inadequate warning defect`
21. The party seeking to appeal the previous court's decision
Demand assurance
Substantive unconscionability
Appellant
Objective standard
22. It is the power to review decisions of the lower court. It limited to reviewing - affirming - revising - or modifying decisions of the lower court. However - in general - they give deference to the lower court's decision. They only decide to 'reverse
Rule 504 of Regulation D of the Securities Act
Section 11 of the Securities Act
Appellate jurisdiction
National Labor Relations Board (NLRB)
23. Prohibit discrimination based on pregnancy or childbirth
Pregnancy Discrimination ACt
National Environmental Policy Act (NEPA)
Personal jurisdiction
A motion of summary judgement
24. State statues that are aimed at recognizing corporation's right to behave in a socially responsible manner
Environmental Protection Agency
Other constituency statutes
Inadequate warning defect`
Civil Law or Code Law
25. If the promisor substantially performs under teh contract
Partial or trivial breach
Rule 144 of the Securities Act
Section 11 of the Securities Act
Securities Act Registration
26. 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.
Burden of proof
Strict liability
Specific performance
Section 11 of the Securities Act
27. It is the period in which a person may bring her claim. A contract becomes unenforceable after the statute of limitations has expired. A new contract must be created
Statute of limitations
Effect of delegation
Other constituency statutes
Appellant
28. 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.
Contracts that prohibit assignment
Rule 144 of the Securities Act
Creditor beneficiary
Appellee or respondent
29. It imposes civil liability for material misrepresentations or omission in the registration statement. Reliance or causation does not need to be proven.
Taking a contract 'out of the Statute of Frauds'
Injury-in-fact
Section 11 of the Securities Act
Donee beneficiary
30. A supervening stature makes a contract illegal - and thereby makes performance impossible
Supervening illegality
Deontological
The Statute of Frauds
National Labor Relations Board
31. 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.
Stare decisis
Trademark
Procedural unconscionability
Federal circuit court of appeals and the federal court of appeals
32. Securities issued by the federal government - state governments - or any of their subdivision; securities issued by a charitable organization; issued by banks or saving or loan institutions - issued by a receiver or trustee in bankruptcy;. issued wit
Preponderance of evidence
Expertised portion
Exempt securities and transactions
Burden of proof
33. The documents that parties file in connection with their lawsuit
Pleadings
Assignee's rights
Examples of Uniform Laws
Section 11 of the Securities Act
34. When the jury retires to a separate room to decide the outcome of the case.
Deliberation
Penalty
Injunction
Duress
35. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
'in pari delicto'
Injury-in-fact
Trust
Vertical agreements
36. A fund with the goal of locating - investigating - and cleaning up abandoned or historical hazardous waste sites.
Superfund
Treaties authority
Commercial speech
Ordinances
37. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Novation
Injury-in-fact
Specialized federal courts
Toxic Substances Control Act
38. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
Gramm-Leach-Bliley Act
General jurisdiction
Answer
Substantive unconscionability
39. 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
Pleadings
Securities Act Registration
Content-neutral restrictions
Control persons
40. The other party to the contract with the oblige - and who is signaling her obligation to the assignee.
Federal Environmental Pesticide Control Act
'Blue sky' laws
Obligor
Process of appealing a case through the three levels of court
41. Seeks to promote market economics and democratic governments
Organization for Economic Co-operation and Development (OECD)
Res judicata
National Institute for Occupational Health
Superfund
42. When the court finds that the terms of the agreement are grossly unfair or unduly favorable to one side - particularly when the term are incomprehensible to a party. A contract becomes voidable
Substantive unconscionability
Judicial review
Manufacturing defect
Security agreement
43. Enacted in 1969 to protect the environment from the actions of public or private actors. It declared a policy and promoted efforts to prevent or eliminate environmental damage. It also ensures that public and private actors better understand the ecol
Assignor
Promisor's rights (in relation to the beneficiary)
Rule 504 of Regulation D of the Securities Act
National Environmental Policy Act (NEPA)
44. An exemption for offers in which the aggregate offering price is less than $5 million and the number of purchasers in less than 35 - excluding accredited investors
Rule 505 of Regulation D of the Securities Act
Joint obligation
National Labor Relations Board (NLRB)
Expertised portion
45. Constitutes conduct that improper or unethical. A tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their clients.
10-K
Exclusive distributor agreements
Writ of habeas corpus
Malpractice
46. 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.
Scienter
Res ipsa loquitor
Vertical agreements
Remediation
47. The collection of state and federal laws that govern the employment relationship - other than laws addressing collective bargaining and labor relations
Employment law
National Labor Relations Board
Contract
Prospectus
48. 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)
Delegation
Uniform Laws
Revocability
Statutory Seller
49. Employers must provide employees with up to 12 weeks of unpaid leave for a serious health condition - the birth of a child - adoption or placement with the employee of a child in foster care - or the care of a spouse - child - or parent with a seriou
Superfund
Contract with intoxicated persons
The Family and Medical Leave Act
Hung jury
50. Legally recognized injury
National Labor Relations Act
Injury-in-fact
'Infants' or 'minors'
Bilateral treaties