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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. Based on the Fraud on the Market Theory - it is presumed when stocks are traded in an active securities market
Reliance
Process of appealing a case through the three levels of court
Intended beneficiary
Contract with intoxicated persons
2. A writ of certiorari is granted by the Supreme Court to a party appeal that they have decided to hear. It requires that four of the nine justice agree to hear the case. The majority of cases appealing to the Supreme Court are denied a writ of certior
Writ of certiorari
Standing
Occupational Safety and Health Act
Implied terms
3. An interest in property or collateral granted in order to ensure payment of a debt or obligation
Equal protection
Security interest
Sham consideration
'Quid pro quo'
4. 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
Condition
Workers compensation laws
Comprehensive Environmental Response - Compensation - and Liability Act (CERCLA)
Token consideration
5. 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.
Injunction
Discharge of contract
Verdict
Employee Retirement Income Security Act (ERISA)
6. A trivial defect in performance (the opposite of material breach).
Employee Retirement Income Security Act (ERISA)
Bona fide occupational qualification
Substantial performance
Chapter 11 of the Code
7. A company subject to the Exchange Act
Concurrent conflict of interests
Section 5 of the Securities Act
Federal Communications Commission
Reporting company
8. A supervening stature makes a contract illegal - and thereby makes performance impossible
Partial or trivial breach
Token consideration
Beneficiary's rights
Supervening illegality
9. 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
Duress
Res ipsa loquitor
Limited jurisdiction
Export Administration Regulations (EAR)
10. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Personal jurisdiction
Consumer protection
Gramm-Leach-Bliley Act
Vesting of beneficiary's rights
11. Prohibit mergers and acquisitions that may reduce competition or create a monopoly
Clayton Act
Anticipatory repudiation
Intended beneficiary
Per se
12. It imposes a civil liability on anyone who offers or sells a security in violation of Section 5
Securities
Fair Credit Reporting Act
Per se
Section 12 (a)(1) of the Securities Act
13. An intent to deceive or defraud
Anticipatory repudiation
Hung jury
Control persons
Scienter
14. 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.).
Reporting company
Pretexting
Bureau of Customs and Border Protection
Post-trial motions
15. Prevents discrimination against employees who are 40years old or more
Age Discrimination in Employment Act (ADEA)
Equal Credit Opportunity Act
Chapter 11 of the Code
Commencing a lawsuit
16. Laws that states have passed that aim at regulating securities transactions within their states.
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17. A government's taking of a foreign citizen's business and assets located in its country - generally without proper compensation.
Federal Environmental Pesticide Control Act
Utilitarianism
'Mirror image' rule
Expropriation
18. 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
Subject matter jurisdiction
Chapter 7 of the Code
Perfected
Foreign Corrupt Practices Act
19. Required to establish a security interest. Attachment occurs when the parties agree to create a security interest (security agreement) - put it in writing and signed by the debtor - the creditor provides money or some other form of consideration for
Attachment
Rule of reason
General jurisdiction
Chapter 7 of the Code
20. 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
Donee beneficiary
Gramm-Leach-Bliley Act
Taking a contract 'out of the Statute of Frauds'
Beneficiary's rights
21. Rules of ethics that govern the practice of law and the conduct of lawyers
Legal ethics
Bilateral treaties
Organization for Economic Co-operation and Development (OECD)
Process of assignment
22. 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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23. The written set of charges against the defendant - which is presented to a grand jury.
Indictment
Public company
Securities Exchange Act of 1934
Uniform Laws
24. 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.
Implied terms
Section 4 of the Securities Act
Pension Benefit Guaranty Corporation (PBGC)
Judgment n.o.v.
25. Is the decision by the jury on whether the defendant shoul dbe held liable for the complaint action
Employee Retirement Income Security Act (ERISA)
General Agreement on Tariffs and Trades
Verdict
Tie-in agreement
26. These rules are used by the court to determine how the contract should be construed: These rules include: a) preferring an interpretation that makes the contract valid and enforceable b) interpreting the contract a whole c) Giving specific provisions
'Past consideration'
Rules of construction
Ordinances
Sherman Act
27. This term refers to the notion that the person who brings suit must have a legally recognized injury (injury-in-fact).
Standing
Affirmative defenses
Price fixing
Answer
28. 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
Administrative Procedure Act
Assignment of rights
Per se
Concurrent conflict of interests
29. When the debtor voluntarily initiates the bankruptcy proceedings
Proxy
Foreign Sovereign Immunities Act
Voluntarily proceeding
Rule 506 of Regulation D of the Securities Act
30. It literally means 'new'. Here it means an entirely new interpretation of legal rules - without deference to the lower court's judgment.
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31. 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
Federal question jurisdiction
Legal detriment
Chapter 13 of the Code
Common Law
32. A condition that cuts off a pre-existing duty
Illusory promise
Condition subsequent
Nonexpertized portions
Foreclosure
33. 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
Mortgage
Vertical agreements
Civil Law or Code Law
Statutory Seller
34. Regulates trusts and monopolies
Motion of directed verdict or of dismissal
Non-recoverable damages
Federal Trade Commission
Employment discrimination
35. He can raise any defense against the assignee that she would have been able to raise against the assignor. This is the right to offset the assignee's claim - and thus the assignee cannot be held directly liable to the assignor for the improper action
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36. This regulate the discharge of pollutants into the water. It authorizes the EPA (Environmental Protection Agency) to determine the permissible levels of contaminants in the water to ensure a safe water supply - and to set standards aimed at meeting t
Standing
Employment discrimination
Penalty
Clean Water Act
37. When an adult has a mental disability and thereby can disaffirm a contract and contract with him is voidable. Any bargained-for exchange must be returned or there must be restitution.
Mental incapacity
Monopoly
Civil Law or Code Law
Assignee's rights
38. The principle used by courts when both parties are equally guilty of illegality - or when the party seeking restitution is more at fault than the other party
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39. 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.
Complete or total integration
Bureau of Customs and Border Protection
Tender offers
Specific performance
40. The first court to consider an action
National Ambient Air Quality Standards
Supreme Court powers
Original jurisdiction
Uniform Laws
41. An offeror undertakes 'joint obligation' when he has made an offer to more than one person - which was then accepted.
Injunction
Retraction
Obligor's rights
Joint obligation
42. It is when a jury cannot reach a consensus. As a result - there must be a new trial with a different jury.
Attachment
Specialized federal courts
Hung jury
Excuse of condition
43. 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.
Enabling acts
Promise
Equal Pay Act (EPA)
Goods
44. In order for a court to hear a case - it must have both subject matter jurisdiction and personal jurisdiction.
Jurisdiction
Malpractice
Federal circuit court of appeals and the federal court of appeals
'Ffour corners'
45. Prohibit agreements among corporations that would unreasonably restrain trade or create monopolization in an industry
Gramm-Leach-Bliley Act
Federal question jurisdiction
Occupational Safety and Health Act
Sherman Act
46. This means that courts determine intent by analyzing how a reasonable person would construe the words and conduct of the parties (if one party intends to make the contract - while the other only pretends but does not intend - the court will recognize
'Mailbox' rule
Bilateral treaties
Objective standard
Motion
47. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Intended beneficiaries of government contract
Process of appealing a case through the three levels of court
Fair Labor Standards Act (FLSA)
Restatement (Second) of Contracts
48. It is an act - forbearance - or the creation - modification - or destruction of a legal relationship
Performance
Common Law
Partial or trivial breach
Substitutes of consideration
49. 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
Misrepresentation
Criminal Trial
Indictment
Superfund
50. The promisor's failure to perform in accordance with the terms of the contract
Gramm-Leach-Bliley Act
Offer
Breach
Horizontal agreement