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A service mark is used to distinguish the services of the holder from those of its
competitors.
Obscene speech is protected by the First Amendment to the United States Constitution.
Voting agreements among shareholders of a corporation are usually considered to be
void.
Good Samaritan laws do not generally protect persons who are not medical
professionals and who have not had training in CPR.
If a partnership agreement specifies how losses are to be divided, but is silent with
respect to the division of profits, the profits are to be divided in the same manner as
losses.
Agents are prohibited from competing with the principal during the course of an agency
unless the principal agrees.
Disparate impact discrimination occurs when an employer discriminates against an
entire protected class.
Together, the federal and state constitutions are considered the supreme law of the land.
Soft Stuff, Inc. contracted to sell Mike's Mart five hundred cotton blankets. There is an
agency relationship between Soft Stuff, Inc. and Mike's Mart.
Corporations are the most dominant form of business organization in the United States.
A decision of the U.S. Supreme Court that is known as a "plurality decision" means that
less than six of the justices agreed to the reasoning used to decide the case.
In order to be governed by Article 2 of the UCC, goods must be both movable and
tangible.
An agent cannot usurp an opportunity that belongs to the principal.
A violator of Occupational Safety and Health Act rules is subject to civil, but not
criminal penalties.
A special shareholders' meeting can be called only by shareholders.
Consequential damages are also known as spurious damages.
The board of directors appoints corporate officers to run the corporation's "day-to-day"
operations.
The implied warranty of merchantability is implied at the time of contracting if: (1.) the
seller or lessor has reason to know the particular purpose for which the buyer is
purchasing the goods or the lessee is leasing the goods; (2.) the seller or lessor makes a
statement that the goods will serve this purpose; and (3.) the buyer or lessee relies on
the seller's or lessor's skill and judgment and purchases or leases the goods.
An intended third-party beneficiary can sue to enforce the related contract.
The level of intoxication allowing a party to disaffirm a contract is the same as that
considered too intoxicated to legally operate a motor vehicle.
A limited liability company is an unincorporated business entity that combines the most
favorable attributes of general partnership, limited partnerships, and corporations.
A "tippee" is liable for acting on information that the tippee should have known was not
public.
Most "best efforts" contracts do not meet consideration requirements because the
promise is a promise to try, but not an absolute promise of performance.
In general, a seller's right to cure lasts for a reasonable time beyond the buyer's
discovery of a nonconformity.
Appeals from decisions made by the dispute settlement body of the World Trade
Organization are heard by the International Court of Justice.
A limited liability company can give constructive notice of a member's disassociation
by filing a statement of disassociation with the Secretary of State, stating the name of
the limited liability company, and the name of the member disassociated from the
limited liability company.
The federal government has exclusive jurisdiction and authority to promulgate statutes
and rules regarding the protection and preservation of wildlife.
In order to be liable for a negligence tort, one must have intended the consequences of
the act or conduct in question.
A power of attorney is often used by a principal to give an agent the power to sign legal
documents, such as deeds to real estate, on behalf of the principal.
Equitable remedies are available to result in unjust enrichment.
Procedural due process requires that the government must give a person proper notice
and hearing of the legal action before that person is deprived of his or her life, liberty,
or property.
Substantive rules issued by an administrative agency are subject to judicial review.
The Environmental Protection Agency has rule-making powers, but not adjudicative
powers.
Express agency is the most common form of agency.
Most adhesion contracts are lawful even though there is a disparity in the power of
contracting.
