Preface | p. x |
The Law and Society | |
Origin and Nature of Law | p. 3 |
The Origin of Law | p. 3 |
Definitions of Law | p. 4 |
Law and Morality | p. 5 |
Development of Civil Law | p. 6 |
Development of Common Law | p. 7 |
Substantive Law and Procedural Law | p. 10 |
The Attorney's Many Roles and Ethical Duties | p. 11 |
Uniform Laws | p. 14 |
Researching the Law | p. 15 |
A Review of Categories of Law | p. 16 |
Know the Concepts | p. 17 |
Practical Application | p. 18 |
Answers | p. 19 |
Government Under Law | p. 21 |
Sources of U.S. Law | p. 21 |
The U.S. Constitution | p. 22 |
Federal Statutes | p. 25 |
The State Constitutions | p. 32 |
State Statutes | p. 34 |
Local Ordinances | p. 35 |
Rulings of Federal, State, and Local Agencies (Administrative Law) | p. 36 |
Decisions by Federal and State Courts | p. 38 |
Know the Concepts | p. 39 |
Practical Application | p. 40 |
Answers | p. 41 |
The U.S. Court System and the Legal Process | p. 43 |
The Two Major U.S. Judicial Systems | p. 43 |
Taking a Case to Court | p. 53 |
Out-of-Court Procedures for Settling Disputes | p. 66 |
Administrative Agency Proceedings | p. 68 |
The Inquisitional Approach and the Adversarial Model | p. 70 |
How Cases Are Cited | p. 72 |
Know the Concepts | p. 73 |
Practical Application | p. 74 |
Answers | p. 75 |
Contracts | |
Nature, Classification, and Formation | p. 81 |
Nature of Contracts | p. 81 |
Classification of Contracts | p. 83 |
Negotiation | p. 85 |
Forming a Contract | p. 87 |
Know the Concepts | p. 99 |
Practical Application | p. 100 |
Answers | p. 100 |
Reality of the Contract: Did the Minds Really Meet? | p. 103 |
Mistake | p. 104 |
Fraud | p. 106 |
Innocent (Nonfraudulent) Misrepresentation | p. 110 |
Undue Influence | p. 110 |
Duress | p. 112 |
Unconscionability | p. 113 |
Know the Concepts | p. 114 |
Practical Application | p. 115 |
Answers | p. 116 |
Capacity of the Parties and Legality of Subject Matter | p. 118 |
Capacity of the Parties | p. 118 |
Legality of Subject Matter | p. 122 |
Know the Concepts | p. 127 |
Practical Application | p. 128 |
Answers | p. 128 |
The Statute of Frauds; Parol Evidence Rule; Privity | p. 130 |
The Statute of Frauds | p. 130 |
Parol Evidence Rule | p. 136 |
Privity | p. 137 |
Know the Concepts | p. 141 |
Practical Application | p. 142 |
Answers | p. 143 |
Discharge; Damages and Other Remedies | p. 144 |
Discharge | p. 144 |
Damages | p. 154 |
Other Remedies | p. 158 |
Know the Concepts | p. 161 |
Practical Application | p. 162 |
Answers | p. 163 |
Special Problems Concerning Sales Contracts | p. 166 |
Article 2 of the Uniform Commercial Code | p. 166 |
Principal Changes for Sales Contracts in Article 2 | p. 167 |
The Convention on Contracts for the International Sale of Goods | p. 170 |
Nonsales Transactions | p. 173 |
Definition of a Sale | p. 174 |
Transfer of Title | p. 174 |
Risk of Loss | p. 175 |
Performance of the Sales Contract | p. 178 |
Remedies for Breach of Sales Contracts | p. 180 |
Know the Concepts | p. 182 |
Practical Application | p. 183 |
Answers | p. 183 |
Commercial Relations | |
Negotiable Instruments: Definitions, Concepts, and Negotiation | p. 187 |
The Negotiable Instrument as a Form of Commercial Paper | p. 188 |
Development of the Law Governing Negotiable Instruments | p. 188 |
The Uniform Commercial Code, Articles 3 and 4 | p. 189 |
Elements of Negotiability | p. 190 |
Types of Negotiable Instruments | p. 195 |
The Parties to a Negotiable Instrument | p. 196 |
Advantages of Negotiable Instruments over Ordinary Contracts | p. 197 |
The Assignee of a Contract Versus the Holder of a Negotiable Instrument | p. 198 |
Negotiation | p. 200 |
Indorsements | p. 201 |
Know the Concepts | p. 203 |
Practical Application | p. 204 |
Answers | p. 206 |
Negotiable Instruments: The Holder in Due Course, Defenses, Liability, and Discharge | p. 209 |
Holder in Due Course | p. 210 |
Defenses | p. 216 |
Liabilities Among Parties | p. 220 |
Discharge | p. 228 |
Know the Concepts | p. 229 |
Practical Application | p. 230 |
Answers | p. 231 |
Banking Procedures and the Bank/Customer Relationship | p. 234 |
The Contract Between Bank and Customer | p. 234 |
Rules Governing the Payment of Checks | p. 238 |
Certification of Checks | p. 239 |
Alterations | p. 240 |
Summary of Important Article 4 Rules | p. 241 |
Electronic Funds Transfer Act | p. 242 |
Know the Concepts | p. 243 |
Practical Application | p. 244 |
Answers | p. 245 |
Creditors' Rights and Debtors' Protection; Bankruptcy; Secured Transactions | p. 247 |
Creditors' Rights: Collection of Debts | p. 248 |
Protection for Debtors | p. 252 |
Bankruptcy and Reorganization | p. 256 |
Secured Transactions | p. 265 |
Know the Concepts | p. 276 |
Practical Application | p. 277 |
Answers | p. 279 |
Business Formations | |
Agency | p. 285 |
Nature of Agency and Agency Law | p. 285 |
Agency and Other Legal Concepts Whereby One Person May or May Not Perform Services for Another | p. 286 |
Creation of Agency | p. 288 |
The Agent/Principal Relationship | p. 290 |
Liability of Principal and Agent to Third Parties | p. 293 |
Termination of Agency | p. 299 |
Know the Concepts | p. 301 |
Practical Application | p. 302 |
Answers | p. 303 |
Types of Business Organizations; Partnerships; Franchises | p. 305 |
Types of Business Organizations | p. 306 |
General Partnerships | p. 315 |
Limited Partnerships | p. 328 |
Franchises | p. 333 |
Know the Concepts | p. 336 |
Practical Application | p. 337 |
Answers | p. 338 |
Corporations: Nature, Formation, Types, and Powers | p. 341 |
Nature of a Corporation | p. 341 |
Background of Corporations | p. 342 |
Corporate Attributes | p. 343 |
Formation of the Corporation | p. 346 |
Types of Corporations | p. 348 |
Nature and Content of the Charter; Bylaws | p. 353 |
Corporate Powers and Limitations on Them | p. 356 |
Regulation of Foreign Corporations | p. 358 |
Know the Concepts | p. 359 |
Practical Application | p. 360 |
Answers | p. 361 |
Management of the Corporation; Termination | p. 364 |
Corporate Overview | p. 364 |
Shareholders | p. 366 |
Board of Directors | p. 373 |
Officers | p. 379 |
Other Employees | p. 381 |
Termination of the Corporation | p. 381 |
Know the Concepts | p. 383 |
Practical Application | p. 384 |
Answers | p. 385 |
Corporations: Financial Structure; Securities Regulation; Liability of Accountants | p. 387 |
Corporate Financial Structure | p. 388 |
Securities Regulation | p. 397 |
Liability of Accountants | p. 417 |
Know the Concepts | p. 420 |
Practical Application | p. 421 |
Answers | p. 422 |
Special Topics | |
Crimes and Torts | p. 429 |
Important Facts About Crimes | p. 429 |
Important Facts About Torts | p. 436 |
Comparison of Crimes and Torts | p. 443 |
Examples of Torts | p. 443 |
Examples of Business Crimes, with Tort Equivalents | p. 450 |
The Businessperson as Criminal Defendant | p. 453 |
General Defenses to Crimes and Torts | p. 454 |
Product Liability | p. 458 |
Know the Concepts | p. 470 |
Practical Application | p. 472 |
Answers | p. 474 |
Property | p. 480 |
Property as a Legal Concept | p. 480 |
Personal Property | p. 481 |
Joint Ownership of Property | p. 491 |
Real Property | p. 492 |
Comparison of Major Property Arrangements | p. 504 |
Know the Concepts | p. 504 |
Practical Application | p. 506 |
Answers | p. 507 |
Insurance, Trusts, and Wills | p. 510 |
Trusts and Wills | p. 510 |
Insurance | p. 512 |
Know the Concepts | p. 514 |
Practical Application | p. 515 |
Answers | p. 515 |
Antitrust Law | p. 517 |
Sherman Act | p. 517 |
Clayton Act | p. 522 |
Monopoly Power: Some Important Concepts | p. 524 |
Robinson-Patman Act | p. 525 |
Federal Trade Commission Act | p. 526 |
Antitrust Law Enforcement | p. 527 |
Exemptions from Antitrust Laws | p. 528 |
Know the Concepts | p. 528 |
Practical Application | p. 530 |
Answers | p. 531 |
Environmental Law | p. 535 |
National Environmental Policy | p. 535 |
Water Pollution | p. 536 |
Air Pollution | p. 538 |
Land Pollution | p. 539 |
Nuclear Power Regulation | p. 543 |
Protection of Wildlife | p. 544 |
The Cost of Environmental Regulation | p. 545 |
International Environmental Law | p. 546 |
Know the Concepts | p. 547 |
Practical Application | p. 548 |
Answers | p. 549 |
Employment Law | p. 551 |
Health and Safety Legislation | p. 552 |
Fair Labor Standards Act | p. 554 |
Income Protection | p. 555 |
Protection Against Discrimination | p. 556 |
Know the Concepts | p. 570 |
Practical Application | p. 572 |
Answers | p. 572 |
Labor-Management Relations Law | p. 574 |
The National Labor Relations Act: Framework for Almost All Labor Law | p. 575 |
The Role of the National Labor Relations Board | p. 578 |
The Labor Negotiation Process | p. 579 |
Labor Dispute Resolution: Concerted Activities | p. 581 |
Know the Concepts | p. 582 |
Practical Application | p. 584 |
Answers | p. 584 |
Legal Topics Concerning Information Technology: Intellectual Property, Computer Law, and Privacy | p. 587 |
Intellectual Property | p. 587 |
Copyright Protection for Computer Programs | p. 593 |
Trademarks and Other Trade Symbols | p. 594 |
Computer Crimes and Torts | p. 597 |
Privacy Issues | p. 598 |
International Law Topic | p. 601 |
Know the Concepts | p. 602 |
Practical Application | p. 603 |
Answers | p. 603 |
Taxation | p. 605 |
Historical Perspective | p. 605 |
The Internal Revenue Service | p. 606 |
Types of Taxes | p. 606 |
The Income Tax | p. 607 |
Employer Responsibilities: Taxes | p. 608 |
Back Taxes | p. 609 |
Independent Contractors | p. 610 |
Statutory Employees | p. 610 |
Self-Employment Taxes | p. 611 |
Cash and Accrual Methods for Income and Expenses | p. 611 |
Tax Deductions | p. 612 |
Know the Concepts | p. 613 |
Practical Application | p. 614 |
Answers | p. 615 |
International Law | p. 616 |
International Law and U.S. Law | p. 616 |
Treaties and Business | p. 618 |
National Law and Foreign Governments | p. 618 |
Trade | p. 619 |
Immigration | p. 621 |
Regulation and Nationalization | p. 622 |
International Dispute Resolution | p. 623 |
Know the Concepts | p. 623 |
Practical Application | p. 624 |
Answers | p. 625 |
Glossary | p. 627 |
Index | p. 744 |
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