Legal Environment of Business

Description

Cutting-edge cases and comprehensive coverage of the legal environment of business The Legal Environment of Business: Online Commerce, Ethics, and Global Issues examines how the current legal and e-commerce environments, and government regulations impact today's business decisions. The cases in this text are cutting-edge, exciting, and engaging, and the reasoning of each case is presented in the language of the court. The 9th Edition has been updated with all new cases, statutes, and questions, so students have the opportunity to not only learn about the law, but also apply it to their personal and professional lives. Cover Title Page Copyright Page BRIEF CONTENTS CONTENTS PREFACE ABOUT THE AUTHOR ACKNOWLEDGMENTS Part I: LEGAL ENVIRONMENT, JUDICIAL SYSTEM, DISPUTE RESOLUTION, AND BUSINESS ETHICS 1 LEGAL HERITAGE AND THE INFORMATION AGE Introduction to Legal Heritage and the Information Age What is Law? Flexibility of the Law Schools of Jurisprudential Thought History of American Law Sources of Law in the United States Doctrine of Stare Decisis Law in the Information Age Critical Legal Thinking Developing Skills for Your Career Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 2 ETHICS AND SOCIAL RESPONSIBILITY OF BUSINESS Introduction to Ethics and Social Responsibility of Business Ethics and the Law Business Ethics Social Responsibility of Business Public Benefit Corporations Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 3 COURTS, JURISDICTION, AND ADMINISTRATIVE LAW Introduction to Courts, Jurisdiction, and Administrative Law State Court Systems Federal Court System Supreme Court of the United States Jurisdiction of Federal and State Courts Standing to Sue, Jurisdiction, and Venue Jurisdiction in Digital Commerce Administrative Law Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 4 JUDICIAL, ALTERNATIVE, AND E-DISPUTE RESOLUTION Introduction to Judicial, Alternative, and E-Dispute Resolution Attorney Representation Pretrial Litigation Process Pleadings Class Action Discovery Pretrial Motions Settlement Conference Trial E-Courts Appeal Alternative Dispute Resolution E-Dispute Resolution Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part II: CONSTITUTIONAL LAW, TORTS, CRIMES, AND INTELLECTUAL PROPERTY 5 CONSTITUTIONAL LAW FOR BUSINESS AND E-COMMERCE Introduction to Constitutional Law for Business and E-Commerce Constitution of the United States of America Supremacy Clause Commerce Clause E-Commerce and the Constitution Bill of Rights and Other Amendments to the U.S. Constitution Freedom of Speech Freedom of Religion Equal Protection Due Process Government Taking of Property Privileges and Immunities Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 6 TORTS AND STRICT LIABILITY Introduction to Intentional Torts and Negligence Intentional Torts Unintentional Torts (Negligence) Special Negligence Doctrines Assumption of the Risk Contributory and Comparative Negligence Strict Liability and Product Liability Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 7 CRIMINAL LAW AND CYBERCRIME Introduction to Criminal Law and Cybercrime Definition of a Crime Criminal Procedure Criminal Trial Common Crimes Business and White-Collar Crimes Regulatory Crimes Cybercrimes Fourth Amendment Protection From Unreasonable Search and Seizure Fifth Amendment Privilege Against Self-Incrimination Other Constitutional Protections Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 8 INTELLECTUAL PROPERTY AND INFORMATION TECHNOLOGY Introduction to Intellectual Property and Information Technology Intellectual Property Trade Secret Patent Copyright Trademark Dilution Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part III: CONTRACTS, UCC TRANSACTIONS, CREDIT, AND E-COMMERCE 9 FORMATION AND REQUIREMENTS OF CONTRACTS Introduction to Formation and Requirements of Contracts Definition of a Contract Classifications of contracts Agreement Consideration Capacity to Contract Legality Unconscionable Contracts E-Commerce Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 10 PERFORMANCE AND BREACH OF CONTRACTS Introduction to Performance and Breach of Contracts Genuineness of Assent Statute of Frauds Third-Party Rights Covenants and Conditions Discharge of Performance Breach of Contract Monetary Damages Equitable Remedies Arbitration of Contract Disputes Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Case Notes 11 DIGITAL LAW AND E-COMMERCE Introduction to Digital Law and E-Commerce The Internet Email and Text Contracts E-Commerce and Web Contracts E-Licensing of Software and Information Rights Domain Names Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 12 SALES CONTRACTS, LEASES, AND WARRANTIES Introduction to Sales Contracts, Leases, and Warranties Uniform Commercial Code (UCC) Article 2 (Sales) Article 2A (Leases) Formation of Sales and Lease Contracts Electronic Sales and Lease Contracts Risk of Loss Sale of Goods by Nonowners Remedies for Breach of Sales and Lease Contracts Warranties Express Warranty Implied Warranty Warranty Disclaimers Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Note 13 CREDIT, SECURED TRANSACTIONS, AND BANKRUPTCY Introduction to Credit, Secured Transactions, and Bankruptcy Unsecured and Secured Credit Security Interests in Real Property Secured Transactions in Personal Property Surety and Guaranty Arrangements Bankruptcy Personal Bankruptcy Business Bankruptcy Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part IV: BUSINESS ORGANIZATIONS, PARTNERSHIPS, CORPORATIONS, COMPANIES, AND SECURITIES LAW 14 SMALL BUSINESS, GENERAL PARTNERSHIPS, AND LIMITED PARTNERSHIPS Introduction to Small Business, General Partnerships, and Limited Partnerships Entrepreneurship Sole Proprietorship General Partnership Liability of General Partnerships and General Partners Dissolution and Winding up of General Partnerships Limited Partnership Liability of Limited Partnerships, General Partners, and Limited Partners Dissolution and Winding up of Limited Partnerships Limited Liability Limited Partnership Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Case 15 LIMITED LIABILITY COMPANIES, LIMITED LIABILITY PARTNERSHIPS, AND SPECIAL FORMS OF BUSINESS Introduction to Limited Liability Companies, Limited Liability Partnerships, and Special Forms of Business Limited Liability Company (LLC) Liability of Limited Liability Companies and Limited Liability of Members Management of a Limited Liability Company Dissolution and Winding up of Limited Liability Companies Limited Liability Partnership (LLP) Liability of Limited Liability Partnerships and Limited Liability of Partners Dissolution and Winding Up of Limited Liability Partnerships Franchise Licensing Joint Venture Strategic Alliance Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases 16 CORPORATIONS AND CORPORATE GOVERNANCE Introduction to Corporations and Corporate Governance Nature of the Corporation Limited Liability of Shareholders Incorporation Procedure Financing the Corporation Shareholders Board of Directors Corporate Officers Fiduciary Duties Of Directors And Officers Sarbanes-Oxley Act Mergers And Acquisitions Dissolution Of A Corporation Multinational Corporations Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 17 SECURITIES LAW AND INVESTOR PROTECTION Introduction to Securities Law and Investor Protection Securities Law Definition of Security Initial Public Offering (IPO) Emerging Growth Company Regulation A+ Securities Offering Small Company Offering Registration Well-Known Seasoned Investor Crowdfunding Exempt Securities Exempt Transactions Liability For Violations of The Securities Act of 1933 Trading In Securities Insider Trading Short-Swing Profits State “Blue-Sky” Laws Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part V: AGENCY, EMPLOYMENT, EQUAL OPPORTUNITY, AND LABOR LAW 18 AGENCY LAW Introduction to Agency Formation and Termination Employment and Agency Relationships Formation of an Agency Apparent Agency Principal’s Duties Agent’s Duties Tort Liability of Principals and Agents Liability for Intentional Torts Contract Liability of Principals and Agents Independent Contractor Termination of an Agency Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases 19 EQUAL OPPORTUNITY IN EMPLOYMENT Equal Employment Opportunity Commission Title VII of the Civil Rights Act of 1964 Race and Color Discrimination National Origin Discrimination Gender Discrimination Sexual Orientation and Gender Identity Discrimination Harassment Religious Discrimination Defenses to a Title VII Action Equal Pay Act Age Discrimination Discrimination Against Individuals with Disabilities Genetic Information Discrimination Protection From Retaliation Veterans and Military Personnel Affirmative Action Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 20 EMPLOYMENT LAW AND WORKER PROTECTION Introduction to Employment Law and Worker Protection Term Employment and Employment at Will Workers’ Compensation Occupational Safety Fair Labor Standards Act Family and Medical Leave Act Consolidated Omnibus Budget Reconciliation Act Employee Retirement Income Security Act Unemployment Compensation Social Security Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 21 LABOR LAW AND IMMIGRATION LAW Introduction to Labor Law and Immigration Law Labor Law Organizing A Union Collective Bargaining Strikes Picketing Internal Union Affairs Immigration Law and Employment Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part VI: GOVERNMENT REGULATION, CONSUMER SAFETY, ENVIRONMENTAL PROTECTION, AND REAL PROPERTY 22 ANTITRUST LAW AND UNFAIR TRADE PRACTICES Introduction to Antitrust Law and Unfair Trade Practices Federal Antitrust Law Restraints of Trade: Section 1 of the Sherman Act Monopolization: Section 2 of the Sherman Act Mergers: Section 7 of the Clayton Act Tying Arrangements: Section 3 of the Clayton Act Price Discrimination: Section 2 of the Clayton Act Federal Trade Commission Act Exemptions From Antitrust Law State Antitrust Laws Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 23 CONSUMER PROTECTION AND PRODUCT SAFETY Introduction to Consumer Protection and Product Safety Food Safety Food, Drugs, and Cosmetics Safety Product Safety Automobile and Vehicle Safety Unfair and Deceptive Practices Consumer Financial Protection State Consumer Protection Laws Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 24 ENVIRONMENTAL PROTECTION Introduction to Environmental Protection Environmental Protection Environmental Impact Statement Air Pollution Water Pollution Toxic Substances And Hazardous Wastes Endangered Species State Environmental Protection Laws Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes 25 REAL PROPERTY AND LAND USE REGULATION Introduction to Real Property and Land Use Regulation Real Property Estates in Land Concurrent Ownership Future Interests Transfer of Ownership of Real Property Adverse Possession Easements Landlord–Tenant Relationship Civil Rights and Fair Housing Laws Zoning Government Taking of Real Property Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part VII: GLOBAL ENVIRONMENT AND INTERNATIONAL COMMERCE 26 INTERNATIONAL AND WORLD TRADE LAW Introduction to International and World Trade Law The United States and Foreign Affairs United Nations European Union North American Free Trade Agreement Association of Southeast Asian Nations Organization of the Petroleum Exporting Countries South American, Central American, and Caribbean Trade Organizations African Trade Organizations World Trade Organization Jurisdiction of U.S. Courts to Decide International Disputes International Religious Laws Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes Part VIII: ACCOUNTING PROFESSION 27 ACCOUNTANTS’ DUTIES AND LIABILITY Introduction to Accountants’ Duties and Liability Public Accounting Accounting Standards and Principles Audit and Auditor’s Opinions Accountants’ Liability to Their Clients Liability to Clients: Accounting Malpractice (Negligence) Accountants’ Liability to Third Parties Securities Law Violations Criminal Liability of Accountants Sarbanes-Oxley Act Key Terms and Concepts Law Case with Answer Critical Legal Thinking Cases Ethics Cases Notes APPENDIX A: THE CONSTITUTION OF THE UNITED STATES OF AMERICA