The Legal Environment Of Business

by Meiners, Roger E.; Ringleb, Al H.; Edwards, Frances L.

• ISBN13: 9780324204858
• ISBN10: 032420485X
• Edition: 9th
• Format: Hardcover
• Copyright: 2005-03-10
• Publisher: South-Western College/West

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