A trademark does not need to be registered to support a trademark infringement action.
The establishment clause of the U.S. Constitution prohibits the federal government
from establishing a state-sponsored religion.
An offer that a statute makes illegal terminates only after a reasonable time.
When a U.S. firm wishes to increase its involvement in an international market, it
normally establishes an agency relationship with a foreign firm.
An accountant who prepares a financial statement in good faith may avoid liability
under Section 18 of the Securities Exchange Act of 1934.
The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual
punishment.
Express warranties cannot be disclaimed in contracts.
For twenty years, Ozzie works for Players Paradise, a destination for vacationers from
across the United States, maintaining golf carts. After a steady stream of positive job
evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of
golf-cart maintenance at three of Players’s courses. Five years later, a new employee,
Quentin, is hired to oversee operations at all ten of Players’s courses. Quentin demotes
Ozzie, who is now over the age of forty, to running only one of the three cart facilities,
and freezes his salary. Quentin demotes five other employees over the age of forty and
places one of Ozzie’s former facilities under the supervision of Richie, who is
twenty-three. Ozzie overhears Richie say, “We”re going to have to do away with these
old, senile men.” Less than a year later, Quentin reconsolidates the three cart facilities’
operations under Richie’s charge. Ozzie quits and files a suit against Players for
employment discrimination. Should he prevail? Explain.
Winding up is the process by which corporate assets are liquidated.
A special warranty deed provides the most protection against defects of title.
A surety can assert the debtor’s bankruptcy as a defense.
The only way that a party can discharge a contract is by performance.
An oral contract for a sale of goods for more than $5,000 is not enforceable even if the
parties to it admit to its existence in court.
A corporate officer cannot act as an agent of the corporation.
The risk of loss in a shipment contract passes to the buyer when the goods are delivered
to the carrier.
A sale of all of a corporation’s assets requires the approval of its shareholders.
The good faith requirement applies to both the holder and the transferor.
In order of priority, the claims of all unsecured creditors in a class must be satisfied
before any remaining amounts can be distributed to the next class.
Certain provisions of UCC Article 2A apply only to consumer leases.