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The Legal Environment Of Business

by
Edition:
9th
ISBN13:

9780324204858

ISBN10:
032420485X
Format:
Paperback
Pub. Date:
3/10/2005
Publisher(s):
South-Western College/West

Questions About This Book?

What version or edition is this?
This is the 9th edition with a publication date of 3/10/2005.
What is included with this book?
  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any CDs, lab manuals, study guides, etc.

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Summary

This popular text effectively combines a traditional case focus with clear and concise coverage of a wide range of up-to-date topics. Since most students will become businesspersons, the material is presented from the perspective of the professional non-lawyer. This book offers the opportunity to learn key points of the law from the standpoint of a working professional. Unlike other books it does not get bogged down in the complexities of the law, but tries to focus, in a very straightforward manner, on the core legal concepts that will be most essential for the business manager to know. Rather than conveying the material in the serious tone of many other legal environment books, the easy readability of this text, interjected with points of humor and levity, make it much easier for the key ideas to come across.

Table of Contents

Part 1 Elements of Law and the Judicial Process
2(136)
The Modern Environment of Business
4(22)
Law and the Key Functions of the Legal System
5(2)
International Perspective Chad: A Third-World Country Tries to Create a Legal System
7(1)
Sources of Law in the United States
8(4)
Jurisprudence? Creative Common Law
12(1)
Classifications of Law
13(2)
Ethics and Business
15(1)
International Perspective Sources of Law in Japan
15(1)
Jurisprudence? Say What?
16(1)
Cyberlaw Online Ethics and Legal Compliance
17(1)
Issue Spotter Putting Ethics into Practice
18(2)
International Perspective Does Regulation Improve Business Ethics?
20(2)
Summary
22(1)
Review and Discussion Questions
23(1)
Case Questions
23(1)
Ethics Questions
24(1)
Internet Assignment
25(1)
The Court Systems
26(26)
The Federal and State Court Systems
27(2)
International Perspective The French Court System
29(3)
Jurisdiction
32(1)
Jurisprudence? Being a Judge Makes Me Sick?
33(1)
International Perspective London's Commercial Court
33(3)
Cyberlaw The Long Arm of the Internet
36(1)
Issue Spotter Can Your Firm Be Reached?
36(3)
Relations between the Court Systems
39(5)
Venue
44(1)
Jurisprudence? Justice Can Have a Bite to It
44(1)
Judicial Officials
45(1)
Jurisprudence? The Judge Is in on the Plot, Too!
45(1)
Summary
46(2)
Review and Discussion Questions
48(1)
Case Questions
48(3)
Ethics Question
51(1)
Internet Assignment
51(1)
Trials and Resolving Disputes
52(36)
Strategic Considerations
53(1)
Basic Trial Procedures
54(7)
Jurisprudence? The Dog Ate My Summons
61(2)
Jurisprudence? You Got Me There, Counselor!
63(4)
Jurisprudence? Why Alabama Courts Are Ranked 48th in the Nation
67(1)
Jurisprudence? Shortest Decision by an Appeals Court?
68(1)
Arbitration
69(1)
International Perspective German Trial Procedure
69(4)
Issue Spotter Are There Limits on the Terms of Arbitration?
73(2)
Negotiation
75(1)
Cyberlaw International Arbitration and Mediation of Domain Name Disputes
75(1)
Mediation
76(1)
International Perspective Global Acceptance of Arbitration
77(2)
Innovative Forms of ADR
79(1)
Jurisprudence? Creative Dispute Resolution
80(1)
Summary
81(2)
Case Questions
83(2)
Ethics Question
85(1)
Internet Assignment
86(2)
The Constitution: Focus on Application to Business
88(30)
The Commerce Clause
89(4)
Jurisprudence? Great Constitutional Moments
93(2)
The Taxing Power
95(2)
Issue Spotter Unconstitutional Business Activity?
97(1)
Business and Free Speech
98(1)
International Perspective Freedom of Speech
98(2)
Cyberlaw Freedom of Speech on the Net
100(3)
International Perspective Freedom of Commercial and Political Speech Abroad
103(1)
Other Key Parts of the Bill of Rights
103(3)
Cyberlaw No Right of Privacy in Chat Rooms
106(3)
Fourteenth Amendment
109(2)
Jurisprudence? No Hammer Locks, Ladies
111(2)
Summary
113(1)
Review and Discussion Questions
114(1)
Case Questions
114(2)
Ethics Questions
116(1)
Pulling it Together Jurisdiction and Constitutional Law
117(1)
Internet Assignment
117(1)
Government Agencies and Administrative Process
118(20)
Administrative Agencies
119(1)
Jurisprudence? In Case You Don't Know What Kids' PJs Are
120(3)
Enforcing Rules
123(1)
Cyberlaw Do Old Regulations Apply to New Forms of Competition?
124(3)
Issue Spotter Does It Make Sense to Contest a Regulatory Order
127(1)
International Perspective Administrative Agencies in Japan
127(1)
Judicial Review
128(1)
Jurisprudence? Regulators Protecting Consumers?
129(2)
Controls on Agencies
131(2)
Summary
133(1)
Review and Discussion Questions
133(1)
Case Questions
134(2)
Ethics Questions
136(1)
Internet Assignment
136(2)
Part 2 Elements of Traditional Business Law
138(264)
Elements of Torts
140(26)
The Scope of Tort Law
141(1)
Torts Based on Negligence
142(1)
International Perspective Tort Liability in France
142(4)
Issue Spotter When Is a Liability Release Effective?
146(2)
Intentional Torts against Persons
148(3)
Issue Spotter Dealing with Aggressive Unions
151(2)
Issue Spotter What Duty Is Owed to the Elderly and Their Heirs?
153(3)
Jurisprudence? Teaching Torts in Law School
156(1)
Issue Spotter Is It Safe to Say Good Things About a Good Employee?
157(2)
Cyberlaw Tort Liability for Internet Servers
159(1)
International Perspective Libel in Foreign Courts
159(1)
Jurisprudence? Expensive Boom Box
159(1)
Summary
160(1)
Review and Discussion Questions
160(1)
Case Questions
161(2)
Ethics Questions
163(1)
Pulling It Together Tort Law and Employment
163(1)
Internet Assignment
164(2)
Business Torts
166(30)
Tort Law and Business
167(5)
Product Liability
172(1)
International Perspective Is Japan Really Different?
173(2)
Jurisprudence? Well, It Didn't Look Safe to Me!
175(1)
Issue Spotter Understanding Product Problems
176(9)
Issue Spotter A Way to Reduce the Damage?
185(1)
Jurisprudence? It's Nerf Basketball for Ivy League
185(3)
International Perspective Strict Liability Goes Global
188(2)
Summary
190(1)
Review and Discussion Questions
191(1)
Case Questions
191(3)
Ethics Question
194(1)
Internet Assignment
194(1)
Pulling It Together Multiple Torts
194(2)
Real and Personal Property
196(24)
Real Property
197(2)
International Perspective Insecure Property Rights
199(3)
Jurisprudence? The Tenants Who Would Not Go Away
202(2)
International Perspective Global Aspects of Being a Landlord
204(1)
Public Control of Real Property
205(2)
Issue Spotter Would Tighter Leases Help?
207(1)
Torts against Property
208(2)
Issue Spotter Protecting Company Property
210(1)
Jurisprudence? Good Trees Might Not Make Good Neighbors
211(1)
Torts against Property Owners
211(3)
Issue Spotter Protecting Customers' Kids
214(1)
Summary
214(1)
Review and Discussion Questions
215(1)
Case Questions
215(2)
Ethics Questions
217(1)
Pulling It Together Property and Constitutional Law
218(1)
Internet Assignment
218(2)
Intellectual Property
220(22)
Trademarks
221(1)
Jurisprudence? Don't Step on His Estate's Velvet Shoes
221(2)
Cyberlaw Who Owns What Domain Name?
223(3)
Issue Spotter Knock Off the Knock-Offs?
226(1)
Jurisprudence? Chicken Beats Stuffing Out of Barney
227(1)
Copyright
228(3)
Issue Spotter Fair Sharing of Information?
231(1)
Patents
231(1)
International Perspective A Gradual Move to Uniform Patents
232(1)
Trade Secrets
233(2)
Issue Spotter Protecting Valuable Information
235(1)
Summary
235(1)
Review and Discussion Questions
236(1)
Case Questions
236(3)
Ethics Question
239(1)
Pulling It Together Torts and Intellectual Property
239(1)
Internet Exercises
239(3)
Contracts
242(36)
Contract Law
243(1)
Elements of a Contract
244(2)
Jurisprudence? Listener Beware
246(6)
Jurisprudence? My Lawyer Should Be Responsible for My Breach of Contract!
252(2)
International Perspective Problems Enforcing Contracts
254(2)
Jurisprudence? Speaking of Unconscionable Actions . . .
256(3)
Issue Spotter Are You Due a Commission?
259(2)
Cyberlaw Digital Signatures and Contracts
261(1)
Performance, Discharge, and Breach of Contracts
262(1)
Issue Spotter Liars' Contest?
262(3)
Issue Spotter Do You Have to Bear the Loss?
265(2)
Remedies
267(1)
International Perspective Contracting with the Japanese
267(4)
Summary
271(1)
Review and Discussion Questions
272(1)
Case Questions
272(3)
Pulling It Together Tort and Contract Law
275(1)
Ethics Question
276(1)
Internet Assignment
276(2)
Domestic and International Sales
278(36)
Introduction to the UCC
279(4)
Forming a Sales Contract
283(2)
International Perspective How to Assure Foreign Buyers of Product Quality
285(3)
Issue Spotter Gouge the Wholesaler
288(2)
Performance and Obligations
290(4)
Sales Warranties
294(2)
Issue Spotter How Much Advice Should Retailers Give?
296(2)
Jurisprudence? Does It Come with a Warranty?
298(1)
Remedies and Damages
298(4)
International Sales
302(1)
Issue Spotter What Law Applies, and Where, to Your Contract?
303(4)
Summary
307(1)
Review and Discussion Questions
308(1)
Case Questions
309(3)
Ethics Questions
312(1)
Pulling It Together Sales and Arbitration
312(1)
Internet Assignment
313(1)
Negotiable Instruments, Credit, and Bankruptcy
314(32)
Negotiable Instruments
315(5)
Credit
320(3)
International Perspective The Check Is in the (Foreign) Mail
323(1)
Credit with Security
324(1)
Issue Spotter Helping a Dream?
324(1)
Jurisprudence? So, Do We Write This Off as a Bad Loan?
325(6)
Issue Spotter Lean on a Lien?
331(2)
Bankruptcy
333(1)
Issue Spotter Credit for the Bankrupt?
334(1)
Jurisprudence? Fine Food Does Not Always Pay
335(1)
International Perspective Bankruptcy Efficiency around the World
336(3)
Jurisprudence? Home Sweet Home
339(1)
Summary
340(1)
Review and Discussion Questions
341(1)
Case Questions
341(3)
Ethics Questions
344(1)
Pulling It Together Contract Remedy in Equity and Liens
344(1)
Internet Assignment
344(2)
Business Organizations
346(30)
Sole Proprietorships
347(1)
Partnerships
347(1)
International Perspective Small Is Not So Beautiful in Japan
348(4)
Issue Spotter Brotherly Love?
352(1)
Corporations
353(2)
Jurisprudence? Your Honor, I'll Turn Rocks into Gold
355(3)
Jurisprudence? Mad at Each Other? Sue the Insurance Company
358(1)
Limited Liability Companies
359(2)
Key Organizational Features
361(3)
Issue Spotter Keeping Things in Order
364(1)
Other Business Organizations
365(1)
International Perspective The Difficulty of Starting a Business
366(1)
Franchises
366(2)
The Road to Riches?
368(2)
Cyberlaw Offering Franchises on the Internet
370(1)
Summary
370(1)
Review and Discussion Questions
371(1)
Case Questions
372(2)
Ethics Questions
374(1)
Pulling It Together Torts and Business Organizations
375(1)
Internet Assignment
375(1)
Employment Relationships
376(26)
Agency Relationships
377(4)
Jurisprudence? Is Slavery an Employment Relationship?
381(6)
International Perspective Principals and Agents under a Civil-Law System
387(2)
Employees and Contractors
389(2)
Tort Liability for Employers and Principals
391(2)
Issue Spotter Use of Company Cars
393(1)
Jurisprudence? Who, Him? Must Be an Independent Contractor
394(2)
Issue Spotter Contract Medical Personnel?
396(1)
Summary
396(1)
Review and Discussion Questions
397(1)
Case Questions
397(3)
Ethics Question
400(1)
Pulling It Together Contracts, Torts, and Agency
400(1)
Internet Assignment
401(1)
Part 3 The Regulatory Environment of Business
402(216)
Employment Law
404(36)
Limiting Employment at Will
405(1)
Jurisprudence? Don't Rat Out Your Boss
406(2)
Substance Abuse
408(1)
Issue Spotter Can You Be Too Encouraging to Employees?
409(2)
Worker Safety and Health
411(3)
Workers' Compensation
414(1)
Issue Spotter Reducing Risks and Improving Looks
415(1)
Jurisprudence? Watch Out for the Glazed Ones!
416(1)
General Regulation of Labor Markets
416(2)
International Perspective Flexibility in Labor Markets
418(3)
Major Labor Relations Acts
421(2)
The National Labor Relations Board
423(1)
Unionization
424(1)
International Perspective German Workers and Employers Belong to Unions
425(2)
Issue Spotter Moves to Help Keep Unions Out
427(1)
Collective Bargaining
428(1)
Jurisprudence? Not All Notes Are Created Equal
428(2)
Jurisprudence? We Want Higher Wages and Mauve Carpeting
430(3)
Summary
433(1)
Review and Discussion Questions
434(1)
Case Questions
434(3)
Ethics Question
437(1)
Pulling It Together Torts, Business Organizations, and Employment Law
438(1)
Internet Assignment
438(2)
Employment Discrimination
440(32)
Origins of Discrimination Law
441(1)
Title VII of the 1964 Civil Rights Act
442(2)
Jurisprudence? A New Protected Class?
444(1)
Cyberlaw Your E-Mail Is Your Boss's E-mail
445(6)
Jurisprudence? Modify Your Body in Private
451(3)
Issue Spotter Effective Sexual Harassment Policy
454(3)
Issue Spotter Dealing with Discrimination Complaints
457(2)
Affirmative Action
459(1)
International Perspective Employment Discrimination in Europe and Japan
460(2)
Disability Discrimination
462(3)
Issue Spotter Accommodating Disabilities
465(1)
Jurisprudence? Get the Women Out of My Classes
466(1)
Summary
467(1)
Review and Discussion Questions
468(1)
Case Questions
468(3)
Ethics Question
471(1)
Pulling It Together Labor Law and Employment Discrimination
471(1)
Internet Assignment
471(1)
Environmental Law
472(32)
Environmental Regulation
473(1)
Pollution and the Common Law
474(3)
Clean Air Act
477(5)
International Perspective Industrialization Brings Environmental Problems to China
482(1)
Clean Water Act
483(3)
Issue Spotter Does Obeying EPA Regulations Make You Safe from Environmental Litigation?
486(2)
Land Pollution
488(3)
Jurisprudence? Hot Cargo!
491(1)
Species Protection
492(1)
Jurisprudence? Honor Your Local Superfund Site
492(3)
Issue Spotter Picking a Sweet Spot
495(1)
Global Environmental Issues
496(1)
International Perspective High-Tech Toxic Trash
497(1)
Pollution Prevention
497(1)
Summary
498(1)
Review and Discussion Questions
499(1)
Case Questions
499(2)
Ethics Questions
501(1)
Internet Assignment
501(1)
Pulling It Together Environmental and Administrative Law
502(2)
Consumer Protection
504(30)
The FDA: Food and Drug Regulation
505(3)
International Perspective Exporting Drug Regulation
508(2)
Issue Spotter How Much Can You Hype Health Supplements?
510(1)
The FTC and Consumer Protection
511(1)
Jurisprudence? Protecting Consumers
512(3)
International Perspective Foreign Advertising Regulation
515(1)
Issue Spotter How Aggressive Can You Be in Advertising Tactics?
516(1)
Cyberlaw Regulating Cyberspace Advertising
517(1)
Jurisprudence? Born in the USA . . .
518(1)
Consumer Credit Protection
519(4)
International Perspective Differences in Legal Protection of Consumer Rights
523(2)
Jurisprudence? Watch Who You Nickle and Dime
525(1)
Issue Spotter How Should You Handle Unpaid Accounts?
526(3)
Summary
529(1)
Review and Discussion Questions
530(1)
Case Questions
530(2)
Ethics Question
532(1)
Pulling It Together Consumer Protection and Business Organization
533(1)
Antitrust Law
534(32)
Antitrust Statutes
535(3)
Monopolization
538(5)
Jurisprudence? Didn't We Just Sue Them Eighty Years Ago?
543(1)
Cyberlaw B2B Antitrust Concerns
544(1)
Horizontal Restraints of Trade
544(5)
Jurisprudence? We're Lawyers, and We're Here to Help You
549(1)
Issue Spotter Share and Share Alike
549(1)
Vertical Restraint of Trade
549(5)
International Perspective Merging of EU and U.S. Antitrust Law
554(2)
The Robinson-Patman Act
556(2)
Issue Spotter Who Do You Sell What to, and for How Much?
558(2)
Summary
560(1)
Review and Discussion Questions
561(1)
Case Questions
561(3)
Ethics Questions
564(1)
Pulling It Together Antitrust and Intellectual Property
564(1)
Internet Assignment
564(2)
Securities Regulation
566(26)
The Elements of Securities
567(1)
What Is a Security?
568(3)
Issue Spotter What Are You Selling?
571(1)
Offering to Investors
571(2)
Cyberlaw Securities Offerings on the Web
573(1)
Regulation of Securities Trading
573(1)
Jurisprudence? Triple Your Money Overnight!
574(1)
Securities Fraud
575(4)
Jurisprudence? Pay Is OK, but the Food Is Terrible
579(1)
Insider Trading
579(2)
International Perspective European Approaches to Insider Trading
581(1)
Issue Spotter Can You Exploit the Gossip?
582(1)
The Investment Company Act
582(2)
The Investment Advisers Act
584(1)
Stock Market Regulation
584(2)
Summary
586(1)
Review and Discussion Questions
587(1)
Case Questions
587(2)
Ethics Question
589(1)
Internet Assignment
589(1)
Pulling It Together Securities and Constitutional Law
590(2)
The International Legal Environment of Business
592(26)
International Law and Business
593(3)
U.S. Import Policy
596(4)
Issue Spotter Where to Produce?
600(1)
Jurisprudence? A Bargain---Only $29.35 for a Razor Blade!
601(1)
Business Structures in Foreign Markets
601(1)
International Perspective Controlling International Pirates
602(1)
Foreign Corrupt Practices Act
603(3)
International Contracts
606(5)
Issue Spotter Making the Deal Stick
611(1)
International Dispute Resolution
611(1)
Jurisprudence? You Yanks Are Too Old for Us Hip Brits
612(1)
Summary
613(1)
Review and Discussion Questions
614(1)
Case Questions
614(3)
Ethics Questions
617(1)
Pulling It Together International Contracts and Arbitration
617(1)
Internet Assignment
617(1)
Appendix A Legal Research and the Internet 618(4)
Appendix B Case Analysis and Legal Research 622(8)
Appendix C The Constitution of the United States of America 630(14)
Appendix D The Uniform Commercial Code (Excerpts) 644(32)
Appendix E National Labor Relations Act (Excerpts) 676(4)
Appendix F Title VII of Civil Rights Act of 1964 (Excerpts) 680(4)
Appendix G Americans with Disabilities Act (Excerpts) 684(2)
Appendix H The Antitrust Statutes (Excerpts) 686(6)
Appendix I Securities Statutes (Excerpts) 692(4)
Glossary 696(24)
Index 720


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