The substantive due process category of due process requires that government action,
ordinances, regulations, and other laws be clear on their face and not overly broad in
scope.
“ABC Company” is an acceptable name for a limited liability company.
Article 2 of the UCC is not applied by federal courts to sales contracts governed by
federal law.
Once the donee has accepted a gift “causa mortis,” it cannot be revoked by the donor.
Julie owns a mare named Echo. Echo gives birth to a colt. Pursuant to succession, Julie
owns the newborn colt.
To bring a lawsuit, a plaintiff must have standing to sue.
From the 1980s through the first decade of the 2000s, government enforcement of
antitrust laws was more relaxed.
The moderator administers the day-to-day operations of the United Nations.
Agency by indemnification occurs when (1.) a person misrepresents himself or herself
as another’s agent when in fact he or she is not and (2.) the purported principal ratifies
the unauthorized act.
In order for a lease to be covered by Article 2A of the UCC, the lease must be for a
period of at least a year.
The U.S. Court of Appeals for the Federal Circuit was created to promote diversity in
patent laws.
If there is no direct evidence that a donee has accepted a gift, the courts will presume
that the gift was not accepted.
Strict liability refers to the concept that courts must follow rigid guidelines in
negligence cases in order to hold defendants liable.
The Electronic Communications Privacy Act makes it a crime to intercept an electronic
communication while in transit.
Federal antitrust laws provide for both government and private lawsuits.
Copyright infringement occurs when a party copies a substantial and material part of
the plaintiff’s copyrighted work without permission.
Employers can prevent employees from entering the workplace if the employer
reasonably anticipates a strike.
Maximizing profits is a traditional theory of business responsibility saying that profits
should be maximized for the benefit of officers and employees.
Due to lack of consideration, a promise to make a gift will not be enforced and a court
will usually order a completed gift to be returned.
Truth is an absolute defense to a charge of defamation.
A member’s ownership interest in a limited liability company is called a proportional
interest.
Pursuant to the Commerce Clause, the federal government could enact a law that
forbids another country from doing business in the United States if that country engages
in activities that are not condoned by the United States. A state, however, could not
enact a law the forbids a foreign country from doing business in that state if that
country engages in activities that are not condoned by that state.
General partnerships have been recognized in this country only since the end of the
Civil War.
“Preferred” stock can be issued in different classes, with one class of preferred stock
given preference over another class of preferred stock.
A “distributorship” franchise is used when the franchisor manufactures a product and
licenses a retail dealer to distribute the product to the public.
Criminal penalties may be imposed for a violation of the Securities Act of 1933.
In a life insurance policy, there must be an insurable interest at the time of the insured’s
death.
Creditors may recover claims against the sole proprietorship from the sole proprietor’s
personal assets.
A horizontal restraint of trade occurs when two (2.) or more competitors at the same
level of distribution enter into a contract, combination, or conspiracy to restrain trade.
When a wire transfer is involved, a bank that issues an erroneous payment order has the
burden of recovering the payment from the improper beneficiary.
Both a note and a draft may be payable at a designated future time or on demand.
Tender of delivery includes the requirement that the seller or lessor give the buyer or
lessee any notification reasonably necessary to enable delivery of goods.
A life estate measured by the life of a third party is called an estate pour autre mort.
Care for a spouse, child, or parent with a serious health problem is not a situation
covered by the Family and Medical Leave Act.
De minimis use of a copyrighted work is not illegal or a copyright violation.
A seller or lessor may cancel a sales or lease contract if the buyer or lessee rejects or
revokes acceptance of the goods, fails to pay for the goods, or repudiates the contract in
part or in whole.