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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 party's damage award will be reduced by any loss he did or could have avoided.
Accredited investor
Duty to mitigate
'Ffour corners'
Hung jury
2. The debtor's right to recover his property by paying the full amount of the debt - as well as any costs incurred by the creditor
Promisor's rights (in relation to the beneficiary)
Equity of redemption
Diminution in value
Affirm or disaffirm
3. 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
Judgment n.o.v.
Burden of proof
Quasi-suspect classification
4. 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.
Diversity jurisdiction
Bureau of Customs and Border Protection
Goods
Section 4 of the Securities Act
5. Created by the Securities Exchange Act (SEC). Oversees the regulation of these federal security laws
'Blue sky' laws
Gramm-Leach-Bliley Act
Scienter
Securities and Exchange Commission
6. Government acts that create an agency - along with establishing it's goals - powers - and the authority to make rules and regulations regarding a specified issue.
The Statute of Frauds
Obligor
Enabling acts
Bilateral treaties
7. Provides retirement and disability benefits to employees as well as benefits to survivors of employees. It created the Social Security Administration
Subjective intent
Investment contracts
Social Security Act
Americans with Disabilities Act (ADA)
8. 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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9. Prevents discrimination against employees who are 40years old or more
Penalty
Trademark
Oral argument
Age Discrimination in Employment Act (ADEA)
10. Prohibits differences in wages based on the gender of men and women who perform substantially same work.
Equal Pay Act (EPA)
Domicile
Clean Air Act
Bilateral investment treaties
11. Portions of a registration statement that are not certified by an expert such as financial statements or legal opinions
Federal district court
Adhesion
Nonexpertized portions
Collateral
12. Federal courts that hear issues focused on a particular subject - such as federal tax courts and federal bankruptcy courts.
Liquidated damages clause
Illusory promise
Specialized federal courts
Clayton Act
13. Prohibits discrimination against certain employees with mental or physical disabilities. It also requires that employers make reasonable accommodations for employees who qualify as disabled under ADA.
'Takings'
Motion
Intended beneficiaries of government contract
Americans with Disabilities Act (ADA)
14. One of the primary federal federal statutes
Securities Act
Diminution in value
Administrative Procedure Act
Promisee's rights
15. Enacted in Congress since 1963. The Clean Air Act authorizes EPA (Environmental Protection Agency) to determine what constitutes appropriate levels of common air pollutants and set standards (known as the 'National Ambient Air Quality Standards') for
Clean Air Act
Goods
Consequentialism
Discharge of contract
16. Established by the Export Administration Act - it provides a framework for regulating exports and issuing licenses for exports subject to controls
Bona fide occupational qualification
Civil Law or Code Law
Export Administration Regulations (EAR)
Sham consideration
17. An exemption for transactions involving offerings to employees.
'Quid pro quo'
Section 701 of the Securities Act
Bilateral Investment Treaty program
Age Discrimination in Employment Act (ADEA)
18. 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
Unjust enrichment
National Labor Relations Board (NLRB)
Unilateral rescission
19. Previous decisions made by decisions - by which the current judges must abide by.
Lanham Act
'Mirror image' rule
Precedent
10-K
20. The creditor's security interest in real property
Mortgage
Appellee or respondent
Export Administration Act (EAA)
Bilateral contract
21. 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
Section 4 of the Securities Act
Stare decisis
Consequential damages
Malpractice
22. 1) By lapse of time: When an 'invitation to make an offer' is made but not accepted - the offer will terminate once a reasonable period of time has passed (whether agreed upon time or not) 2) Death of the offeror 3) If the offeror proves to be mental
Commencing a lawsuit
Termination of an invitation to make an offer
Suspect classification
When an assignment becomes void
23. It focuses on the clean up of abandoned or historical hazardous waste sites - for which it established a 'Superfund'. The EPA (Environmental Protection Agency) identifies particularly egregious sites and places them on a National Priorities List. The
National Labor Relations Board
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Obligee
Statutory Seller
24. A beneficiary's rights vest when she (a) manifests her assent to the contract - (b) brings suit to enforce the contract - or (c) materially changes her position justifiable reliance on the contract. Once the beneficiary's rights have vested - the con
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25. Regulates stock exchanges - the over-counter market - and individuals who assist investors with trading activities.
Exchange Act Regulations
Pension Benefit Guaranty Corporation (PBGC)
Group boycotts
Promise
26. When a party unlawfully indicate that he will not perform when the performance is due.
Anticipatory repudiation
Equal Credit Opportunity Act
Negative causation
Trial court
27. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Expropriation
Rules of interpretation of a contract by a court
Unjust enrichment
Manufacturing defect
28. Treaties among several parties that seek to allocate rights and responsibilities among the parties
Condition concurrent
Burden of proof
Multilateral treaties
'meeting of the minds'
29. 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
'Infants' or 'minors'
Content-neutral restrictions
Assignee's rights
Common Law
30. When the representation of one client will be directly adverse to another client - or there is a significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client. Th
Domicile
Unilateral mistake
Concurrent conflict of interests
Legal capacity
31. The EPA was established to oversee pollution control efforts. It is charged with working with federal - state - and local official to protect the national environment and provide guidance towards effective policies - and sets standards for environmen
Environmental Protection Agency (EPA)
Sherman Act
Employment law
Unilateral contract
32. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Section 12 (a)(1) of the Securities Act
Exempt securities and transactions
Pregnancy Discrimination ACt
Price fixing
33. The person to whom the right is assigned
Assignee
'in pari delicto'
Clean Water Act
Affirmative defenses
34. Motions that can be made by the loosing party after a trial. This includes a motion for a new trial or a motion for a judgment notwithstanding the verdict (judgment n.o.v.).
Post-trial motions
Contract law
Exclusive distributor agreements
Economic waste
35. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Security interest
Joint obligation
Mutual assent
Remand
36. 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
Token consideration
'de nuvo'
National Environmental Policy Act (NEPA)
Price fixing
37. Prohibit discrimination based on pregnancy or childbirth
Foreclosure
Pregnancy Discrimination ACt
Counterclaims
Direct damages
38. Directors - certain officers - and owners
Control persons
Gratuitous assignment
Quasi-suspect classification
National Labor Relations Act
39. When a written contract represents a full - final - and complete record of the parties' agreement. In this case - parol evidence in inadmissible.
Federal Rules of Civil Procedures
Securities Exchange Act of 1934
'clear and present'
Complete or total integration
40. Employers make payments to retired employees based on the length of their employment and the wages they received.
Substantive unconscionability
Pregnancy Discrimination ACt
Defined benefit plans
Contracts that prohibit assignment
41. Earliest form of a system of laws (first seen in Babylon - 1792 BC). It is a system of laws based on an established code. The modern civil law systems are based on the codes founded in the Roman Empire. Civil law systems are used in France - Spain -
Who is liable
Civil Law or Code Law
Securities Act Registration
Token consideration
42. An improper threat that leaves the victim no reasonable alternative but to comply with an agreement
Undue influence
Performance
Judicial review
Duress
43. A group of corporations or businesses that combine together in order to enhance their economic strength and market power. `
Commencing a lawsuit
Content-neutral restrictions
Trust
Appellate jurisdiction
44. Researches health and safety issues and recommends regulations. Created through the Occupational Safety and Health Act
Defined contribution plan
National Institute for Occupational Health
Securities and Exchange Commission
Complete or total integration
45. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Burden of proof
Rule 504 of Regulation D of the Securities Act
Non-recoverable damages
National Ambient Air Quality Standards
46. 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.
Burden of proof
Limited jurisdiction
Mutual assent
Defenses against liability of misrepresentations or omissions
47. Automatic violations of the Sherman Act
Multilateral treaties
Excuse of condition
Per se
Securities Act
48. 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.
Condition
Control persons
When an assignment becomes void
Lien
49. Regulates the handling of the pesticides being exported from and imported into the U.S.
Appellate jurisdiction
Gramm-Leach-Bliley Act
Federal Environmental Pesticide Control Act
Environmental Protection Agency (EPA)
50. Congress may prohibit speech that has a 'clear and present' danger of inciting violence or other 'substantive evil'.
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