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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. Where the actual trial occurs - i.e. - where parties present their evidence to a judge or jury.
Affirmative defenses
Unilateral rescission
Equity of redemption
Trial court
2. 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
National Ambient Air Quality Standards
Securities Exchange Act of 1934
Section 701 of the Securities Act
3. Claims that the defendant has against the plaintiff
Counterclaims
'Takings'
Donee beneficiary
Injunction
4. A contract that is made where two promises are outstanding.
Superfund
Bilateral contract
Common Law
Employment discrimination
5. Consent after the lawyer has adequately informed the client about the conflict and not only has explained to her the material risk associated with the conflict but also has made available her reasonable alternatives to the proposed conflict
Informed consent
Section 12 (a)(1) of the Securities Act
Condition
Specific performance
6. Ensures fair disclosure of credit terms - thereby protecting consumers from inaccurate and unfair billing and credit card practices
Promisor's rights (in relation to the beneficiary)
Unilateral mistake
Motion to strike
Truth in Lending Act
7. Actions designed to permanently reduce the health and safety risk associated with the site.
Security interest
Nonexpertized portions
National Labor Relations Act
Remediation
8. The government has the right to take property. This power is limited in that the property has to be for public use - and that the owner must receive just compensation.
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9. When a person misappropriates information learned in the context of a fiduciary relationship or a relationship of special trust. It is considered as insider trading
'due process'
Criminal Law
Misappropriation theory
Any statutory seller
10. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Rule of reason
Defined contribution plan
Gift
Secured transaction
11. The principle that judges must make decisions consistent with precedent (previous decisions) of their own and higher courts. (Although judges have discretion to overturn their court's previous decisions - the principle of 'stare decisis' encourages t
Equal protection
Expertised portion
Stare decisis
Reporting company
12. Twelve members of jury that hear the evidence at the trial court. The Judge rules on the evidence and guides the jury on questions of law and proper rules of procedure.
Attorney/client privilege
Exclusive dealing agreement
Petit jury
Novation
13. An exemption for certain small offerings
Writ of habeas corpus
Regulation A of the Securities Act
Objective standard
Writ of certiorari
14. A substantial likelihood that a reasonable investor would consider the statement or omission important in making a decision about a securities transaction
Securities and Exchange Commission
Limited jurisdiction
Materiality
Equity of redemption
15. When a product is incorrectly manufactured that is unreasonably dangerous to consumers. To prove that 'unreasonably dangerous' - the show that an ordinary consumer would see it that way (consumer expectation test).
Manufacturing defect
Undue influence
Civil liability
Bureau of Consumer Protection
16. Manages the nation's social security system
Duress
Complete or total integration
The Social Security Administration
Examples of Uniform Laws
17. 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
Intended beneficiary
Adhesion
Federal Insurance Contributions Act
Truth in Lending Act
18. Whether or not the promisee can bring an action against the promisor depends upon the status of the beneficiary. If the promisor fails to perform his obligations owed to a creditor beneficiary - the promisee can either compel the promisor to render s
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19. A trust formed to dominate an industry
Obligor
Monopoly
Scienter
Condition
20. The obligor does not need to provide consent - but does need to be given notice.
Process of assignment
Mental incapacity
Duty to mitigate
Nonexpertized portions
21. Exempts transactions by any person other than an issuer or underwriter and any transaction that does not involve a public offering.
Liability based on intentional tort
Section 4 of the Securities Act
Misappropriation theory
Rules of construction
22. 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.
Legal capacity
Mutual assent
Penalty
Rule 505 of Regulation D of the Securities Act
23. 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
Burden of proof
Joint obligation
Commercial speech
Gratuitous assignment
24. A condition that cuts off a pre-existing duty
Appellate jurisdiction
Subject matter jurisdiction
Condition subsequent
The Statute of Frauds
25. States allow corporations to make donations - and courts uphold those donations as long as they are reasonable
Charitable contributions
Creditor
National Ambient Air Quality Standards
Inadequate warning defect`
26. When the offeree pays for the offeror's promise to keep the offer open for a period of time - the offer will become irrevocable during that period (rejection - counteroffer - or death can affect the contract during that time)
Contracts that prohibit assignment
Option contract
Motion for a more definitive statement
Standing
27. It is a general rule referring to circumstances in which agreements must be in writing - and by extension when oral agreements will be unenforceable. Basic agreements that are covered by the Statute: 1) A promise by an executor to pay the estate's d
The Statute of Frauds
Section 12(a)(2)
Obligee
Creditor beneficiary
28. 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).
Other constituency statutes
Condition precedent
Concurrent conflict of interests
Product liability
29. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Nonexpertized portions
Common Law
Civil liability
Performance
30. 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
Preponderance of evidence
Workers compensation laws
Material breach
'Ffour corners'
31. An order prohibiting a party from engaging in certain conduct. A count will only issue an injunction if the damage remedy is inadequate and the injunction is necessary to prevent irreparable harm to the non-breaching party.
Examples of Uniform Laws
Pleadings
Injunction
Process of appealing a case through the three levels of court
32. Corporations should be concerned with the impact of their policies on the broad range of stakeholders or constituents that are affected by those policies. This also includes the idea of preserving the environment and corporate charitable giving.
'meeting of the minds'
Third party beneficiary
Corporate social responsibility
Environmental Protection Agency (EPA)
33. An agreement of when the promisee agree to accept different performance from the original promisor in exchange for a release of the original agreement. However - the original obligation is not discharged until there has been satisfaction.
Bargained-for-exchange
Accord
Bureau of Customs and Border Protection
Unilateral contract
34. A situation where one person unfairly benefits from a transaction
Oral argument
Manufacturing defect
Resource Conservation and Recovery Act
Unjust enrichment
35. 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
Quasi-contract
The Family and Medical Leave Act
Employee-at-will
Sherman Act
36. An event that is not certain to occur. A contract is subject to a condition when the parties agree that performance is contingent of the occurance of that certain event.
Accredited investor
Condition
'Mailbox' rule
Equal Employment Opportunity Commission (EEOC)
37. It is the power over the particular parties in a case. (a) The Supreme Court in 'Pennoyer v. Neff' - held that a defendant's physical presence in a state is sufficient for the state to exercise personal jurisdiction. (b) A person can be subject to pe
Utilitarianism
'Mirror image' rule
Personal jurisdiction
Statutory Seller
38. A misrepresentation made with knowledge of its inaccuracy
Price fixing
Bureau of Consumer Protection
Scienter
Chapter 7 of the Code
39. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Gratuitous assignment
Multilateral treaties
Federal Environmental Pesticide Control Act
Contract law
40. Provides for the liquidation of the debtor's assets. A trustee is appointed to oversee this process. This is only available to debtors once ever 8 years
Vesting of beneficiary's rights
Rule 505 of Regulation D of the Securities Act
Chapter 7 of the Code
Voluntarily proceeding
41. The amount of benefit one party conferred on the other - designed to prevent unjust enrichment - as though no contract had been formed.
Restitution and rescission
Discovery
Chapter 13 of the Code
Other constituency statutes
42. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Security interest
Rule 144 of the Securities Act
Workers compensation laws
Chapter 13 of the Code
43. It is the opportunity for each party to present their arguments to the appellate court. However - it is not always allowed.
Employment law
Trust
Adhesion
Oral argument
44. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Scienter
Writ of habeas corpus
Statutory Seller
Rule 504 of Regulation D of the Securities Act
45. If a promisee is conferring a benefit on a third party in order to satisfy a prior obligation - the beneficiary is referred to as a 'creditor beneficiary'
Malpractice
Uniform Commercial Code ('UCC')
Security agreement
Creditor beneficiary
46. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Price fixing
Attachment
Beneficiary's rights
Sherman Act
47. It is broad subject matter jurisdiction over all things that are not reserved for the federal courts
General jurisdiction
Jurisdiction
Obligor
Statute of limitations
48. A person is an intended beneficiary if recognition of a right to performance is appropriate to effectuate the intention of the parties - or either the performance of the promise will satisfy the promisee's obligation to pay money to the beneficiary -
Promisee's rights
Intended beneficiary
'de nuvo'
'Takings'
49. Place of permanent residence
Exclusive distributor agreements
Discharge of contract
Domicile
Regulation A of the Securities Act
50. Laws that states have passed that aim at regulating securities transactions within their states.
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