Wednesday, February 9, 2011

Introductory Business Law CLEP


Here are some specific details about the version of the exam I took.

If you can go down the following list and check off that you have covered each item, you will not fail this exam:

LAW VIEWS:
(not very much on the exam)
Analytical View
Command View
Critical View
Historical View
Law & Economics View
Legal Realism
Natural Law View
Sociological View
Traditional View

ETHICS:
(not very much on the exam)
Utilitarianism (Bentham/Mill)
Kantian Ethics (Duty)
Ethical Fundamentalism
Ethical Relativism
Maximising Profits Theory
Corporate Citizenship Theory
Moral Minimum Theory
Social Justice Theory (Rawl)
Stakeholder Interest Theory

CONTRACT LAW:
Elements of a Contract: Consideration, Capacity, Agreement, Legality
Types of Contract: Implied-in-fact, Implied-in-law (quasi), Express
Unilateral vs. Bilateral
Executory Contract vs. Executed Contract
Liquidated Damages
Forbearance
Novation
Rescission
Assigned Rights vs. Delegated Duties
Creditor Beneficiaries vs. Donee Beneficiaries
Exceptions to Consideration: Moral Obligation, Duty, Past Consideration, Illusory Promise
Mutual Mistake vs. Unilateral Mistake (definition and consequences)
Statute of Frauds (what it is and what it covers).
Discharge of a Contract: Void, Voidable, Unenforceable

CONSTITUTIONAL LAW & THE U.S. COURT SYSTEM:
(not very much on the exam)
Commerce Clause
Bill of Rights (I had a question on the 1st and 2nd Amendments specifically)
Civil vs. Criminal (procedures/crimes/court system)

ANTITRUST LAW:
(not very much on the exam)
Sherman Act
Clayton Act
Patman-Robinson Act
Federal Trade Commission
Restraint on Trade
Primary, Secondary, and Tertiary Line Injuries
TORT LAW:
Intentional Tort vs. Negligent Tort
Slander vs. Libel
Assault versus Battery
Proximate Cause vs. Cause in Fact
Negligence Per Se
Res Ipsa Loquitur
Tort
Strict Liability
Warranty of Title
Copyright vs. trademark
EMPLOYMENT LAW:
(not very much on the exam)
Fiduciary relationships
Agency
Fair Labor Standards Act
Bakke v University of California
FMLA
EEOC
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Civil Rights Act - Title VII (What is covered and what isn't)
Disparate Treatment
Disparate Impact
ENVIRONMENTAL LAW:
(not very much on the exam)
Comprehensive Environmental Response, Compensation & Liability Act (CERCLA/Superfund)
Clean Air Act
Clean Water Act
EPA
Endangered Species Act

MISCELLANEOUS:
(passing familiarity will suffice for everything not listed above)

- Study all of Instantcert
- Read chapters 1-24 of this site (only one page per chapter):

Lecture Notes — Ch. 1

There is no need to stress out over this exam. Familiarize yourself with the various terms mentioned above and then go and pass it.

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