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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 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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2. A situation where one person unfairly benefits from a transaction
Pretexting
Export Administration Regulations (EAR)
Injury-in-fact
Unjust enrichment
3. This is when the appellate court send the case back to the lower court for a new trial.
Material breach
Contract
Remand
Demurrer
4. 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
Equal Employment Opportunity Commission (EEOC)
Material breach
Personal jurisdiction
Tie-in agreement
5. 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
Demand assurance
Subject matter jurisdiction
Federal Insurance Contributions Act
Sham consideration
6. A concept referring to laws and statutes aimed at addressing issues of concern to consumers.
Direct damages
Consumer protection
Rational basis test
Bilateral Investment Treaty program
7. Provides that securities cannot be offered or sold unless they have registered with the SEC (Securities Exchange Commission).
'Past consideration'
Equity of redemption
Subject matter jurisdiction
Section 5 of the Securities Act
8. Place of permanent residence
Domicile
Mutual assent
Scienter
'Ffour corners'
9. Torts and contracts... represents law that regulates the relationships between parties.
Other constituency statutes
Creditor beneficiary
Informed consent
Civil Law
10. Where social security benefits are funded by taxes levied on both employers and employees. Employers pay half of the benefits and the employers pay the other half.
Federal Insurance Contributions Act
Equal Pay Act (EPA)
'Takings'
Accredited investor
11. Represents a motion to dismiss the case because the plaintiff's complaint does not establish a legal basis for any remedy against the defendant. It can be filed by the defendant.
Federal Rules of Civil Procedures
Private placement
Demurrer
Exclusive distributor agreements
12. 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.
Criminal Trial
Mutual assent
Pregnancy Discrimination ACt
Substitutes of consideration
13. 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 -
Total breach
Promisor's rights (in relation to the beneficiary)
Implied contract
Civil Law or Code Law
14. 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
Direct damages
Securities Act Registration
Restitution
Res ipsa loquitor
15. Plans in which employers make contributions to an employee's account and upon retirement - the employee receives benefits from the account.
Motion to strike
8-K
Equal protection
Defined contribution plan
16. A promise that is inferred from a person's conduct or the circumstances of the transaction
Condition subsequent
Implied contract
Exclusive dealing agreement
Security interest
17. Negative causation - due diligence defense - ...
Defenses against liability of misrepresentations or omissions
Restitution
Suspect classification
Other constituency statutes
18. An exemption for offers in which the aggregate price is less than $1 million (no restrictions on the number of people offering)
Exchange Act Regulations
Termination of an invitation to make an offer
Complete or total integration
Rule 504 of Regulation D of the Securities Act
19. Enables debtors to create a repayment plan for certain debts - while still retaining their assets.
Remand
Res judicata
Trial court
Chapter 13 of the Code
20. 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
Statutory Seller
Unilateral mistake
Incidental beneficiary
Automatic stay
21. A uniform law that provides legislation for various aspects of commercial law. It has been accepted by all states except Louisiana.
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22. 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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23. Agreements to restrict the supply of products in order to drive up the prices of such products (a horizontal agreement)
Americans with Disabilities Act (ADA)
Clean Air Act
Promise
Production quotas
24. Grants employees the right to bargain as a group and to establish - join - or assist labor organizations or unions. It requires the employers to bargain directly with the employees' representative. It establishes guidelines for the kinds of activitie
Termination of an invitation to make an offer
National Labor Relations Act
Attorney/client privilege
Tender offers
25. 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
The Family and Medical Leave Act
Partial or trivial breach
Proxy
Plaintiff
26. The difference between the value of the performance a party should have received and the value of the performance the party actually received.
Vesting of beneficiary's rights
Section 12(a)(2)
Direct damages
Executed exchange
27. A set of statements reflecting generally agreed upon pronouncements of common law contract rules.
Demurrer
Creditor
Restatement (Second) of Contracts
Federal Insurance Contributions Act
28. Agreements between competitors to set particular prices for their products (a horizontal agreement)
Goods
Price fixing
Mutual mistake
Substantial performance
29. Actual performance of an obligation
Perfected
Counterclaims
The Social Security Administration
Satisfaction
30. If the promisee merely intends to confer a gift - the third party is referred to as a donee beneficiary.
Oral argument
Donee beneficiary
Executed exchange
Equal Employment Opportunity Commission (EEOC)
31. When the jury retires to a separate room to decide the outcome of the case.
Securities Exchange Act of 1934
Deliberation
Revocation
Pretexting
32. Establishes a minimum wage and policies for overtime and prohibits children under 14 from being hired
Fair Labor Standards Act (FLSA)
10-K
Federal Environmental Pesticide Control Act
Federal Communications Commission
33. 14th Amendment provides that no state shall deny 'equal protection of the laws'. As interpreted - both 14th and 5th Amendments apply to 'discriminatory laws'.
Equal protection
The Statute of Frauds
Offer
Misrepresentation
34. 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
Condition precedent
Social entity or stakeholder theory of the corporation
Informed consent
Resource Conservation and Recovery Act
35. When a party unlawfully indicate that he will not perform when the performance is due.
Materiality
Anticipatory repudiation
Workers compensation laws
Implied terms
36. The person who assigns her rights
National Institute for Occupational Health
Suspect classification
Obligee
Unilateral rescission
37. An transaction between businesses in competition with one another. Such transactions are per se illegal because they significantly reduce competition. Ex: price fixing - production quotas - group boycotts - and market divisions
Unilateral mistake
Horizontal agreement
Unilateral rescission
Gramm-Leach-Bliley Act
38. 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
Workers compensation laws
Clean Air Act
Procedural unconscionability
Summons
39. A written request for reasonable assurances regarding a party's intention to perform. Until such assurance is received - the demanding party can suspend his performance. Failure to receive adequate assurance demanded within a reasonable time can be c
National Labor Relations Board (NLRB)
Obligor
Demand assurance
Burden of proof
40. (Model Rules) The American Bar Association's model rules that most states base their own ethical rules for lawyers practicing within their state
Foreclosure
Model Rules of Professional Conduct
United States Bankruptcy Code ('Code')
Consideration
41. The power of attorney document given by shareholders of a corporation authorizing a specific vote on their behalf at a corporate meeting
Non-recoverable damages
Proxy
Common Law
Mutual assent
42. 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
Negative causation
Answer
Promisor's rights (in relation to the beneficiary)
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
National Environmental Policy Act (NEPA)
Commencing a lawsuit
Section 12 (a)(1) of the Securities Act
Scienter
44. Words or actions an individual may have intended - but did not communicate
Process of assignment
Rule 147 of the Securities Act
Subjective intent
Accord
45. Establishes that federal and state courts do not have jurisdiction over cases against a foreign nation. Immunity ends if the commercial activity occurred in the US - actions in the US based on commercial activities abroad - or commercial activities a
Demand assurance
Companies that are subject to the exchange act (Reporting companies)
Foreign Sovereign Immunities Act
Expectation damages (also known as the 'benefit of the bargain')
46. Agreements to refrain from doing business with a particular person/persons/entity in order to force such a person/entity to pay higher prices (a horizontal agreement)
Equal protection
Group boycotts
Social entity or stakeholder theory of the corporation
Appellee or respondent
47. If a person made a contract when he was a minor - once he is of age - he can affirm or disaffirm the contract (making it void or not) within a reasonable time after reaching majority (of age).
Affirm or disaffirm
Resource Conservation and Recovery Act
Perfected
Section 12(a)(2)
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)
Federal Environmental Pesticide Control Act
Deliberation
Uniform Laws
Beneficiary's rights
49. When there is no bargained-for exchange - because there is no exchange.
Gift
Limited jurisdiction
Rule 504 of Regulation D of the Securities Act
Workers compensation laws
50. 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
Implied contracts
National Ambient Air Quality Standards
Unilateral mistake
National Institute for Occupational Health