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Law For Business 15th Edition By A. James Barnes; Timothy A. Lemper; Eric L. Richards (Instructor Solution Manual) | All Chapters 1-47 Covered| Verified| Rated A+| Complete Solutions; Answers Key| Test Bank£15.88
Law For Business 15th Edition By A. James Barnes; Timothy A. Lemper; Eric L. Richards (Instructor Solution Manual) | All Chapters 1-47 Covered| Verified| Rated A+| Complete Solutions; Answers Key| Test Bank
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Law For Business 15th Edition
Institution
Law For Business 15th Edition
Law For Business 15th Edition By A. James Barnes; Timothy A. Lemper; Eric L. Richards (Instructor Solution Manual) | All Chapters 1-47 Covered| Verified| Rated A+| Complete Solutions; Answers Key| Test Bank
TABLE OF CONTENTS
Chapter 1: Law and Legal Reasoning
Chapter 2: Dispute Settlem...
Law For Business 15th Edition By A. James Barnes;
Timothy A. Lemper; Eric L. Richards (Instructor Solution
Manual)| All Chapters 1-47 Covered| Original| Verified|
Rated A+| With Complete Solutions| Test Bank
, TABLE OF CONTENTS
Chapter 1: Law and Legal Reasoning
Chapter 2: Dispute Settlement
Chapter 3: Business Ethics and Corporate Social Responsibility
Chapter 4: Business and the Constitution
Chapter 5: Criminal Law and Procedure
Chapter 6: Intentional Torts
Chapter 7: Negligence and Strict Liability
Chapter 8: Intellectual Property
Chapter 9: The Nature and Origins of Contracts
Chapter 10: Creating a Contract: Offers
Chapter 11: Creating a Contract: Acceptances
Chapter 12: Consideration
Chapter 13: Capacity to Contract
Chapter 14: Voluntary Consent
Chapter 15: Illegality
Chapter 16: Form and Meaning of Contracts
Chapter 17: Third Parties’ Contract Rights
Chapter 18: Contract Performance and Remedies
Chapter 19: Formation and Terms of Sales Contracts
Chapter 20: Warranties and Product Liability
Chapter 21: Performance of Sales Contracts
Chapter 22: Remedies for Breach of Sales Contracts
Chapter 23: The Agency Relationship—Creation, Duties, and Termination
Chapter 24: Liability of Principals and Agents to Third Parties
Chapter 25: Employment Laws
Chapter 26: Which Form of Business Organization?
Chapter 27: Partnerships
Chapter 28: Formation and Termination of Corporations
Chapter 29: Management of the Corporate Business
Chapter 30: Financing the Corporation and the Role of the Shareholders
Chapter 31: Securities Regulation
Chapter 32: Legal Liability of Accountants
Chapter 33: Personal Property and Bailments
Chapter 34: Real Property
Chapter 35: Landlord and Tenant
Chapter 36: Estates and Trusts
,Chapter 37: Insurance
Chapter 38: Negotiable Instruments
Chapter 39: Negotiation and Holder in Due Course
Chapter 40: Liability of Parties
Chapter 41: Checks and Electronic Fund Transfers
Chapter 42: Introduction to Security
Chapter 43: Security Interests in Personal Property
Chapter 44: Bankruptcy
Chapter 45: The Antitrust Laws
Chapter 46: Consumer Protection Laws
Chapter 47: Environmental Regulation
,CHAPTER 1: LAW AND LEGAL REASONING
Barnes: Law for Business 15th Edition
LECTURE OUTLINE
1. Discuss the Twisdale case that opens this chapter. It provides an
interesting vehicle for discussing the functions of law and legal
interpretation.
A. Have your students identify the various functions of the law and then
discuss which specific functions are furthered by this antiretaliation aspects
of the Civil Rights statute.
B. In the context of legal interpretation, the court found that Twisdale did
seem to be protected based on the literal language of the statute. However, it
looked beyond the plain meaning to reject his claim. Specifically, the court
believed that interpreting the law in a manner that would protect him from
retaliation would undermine the purpose of the statute. It is conceivable that
the court is motivated by public policy concerns as well.
C. What do your students think of courts who do look at intent and public
policy? Use this as a lead-in for a discussion of legal jurisprudence.
2. Question students about their definitions of ―law. Make certain they
understand the importance of law in all aspects of our lives.
3. Discuss the various functions that law serves in society. You might do this
by having the students identify some of them.
A. Discuss the conflicts that arise between and among the various functions
of law. For example, there often are conflicts between the goals of individual
freedom and achieving social justice. Note the problems that arise when there
is no clear consensus on what is just.
B. Ask the students if they think that law ever is ―overused. They are likely
to cite numerous examples. For instance, this might be a time to talk about
the product liability cases that are regularly in the headlines. Perhaps the
case involving the woman who burned herself with coffee from McDonald’s
would be appropriate here.
C. Have the students discuss what it means to have the law maintain order.
You might ask students if maintaining order means maintaining the status
,quo. This can lead to a discussion of legal realism and views that law is used
by those in power to retain their power.
4. There is a tendency for people to think of law as imposing duties without
considering how it establishes and preserves rights. Talk about how our
system tries to match rights with corresponding duties.
A. Explain how duties, rights, and privileges make up substantive law.
B. Explain that procedural law provides the framework within which
substantive laws are created and enforced. Point out that Chapters 2 and 4
offer a more detailed discussion of procedural law.
5. Ask the students to think of an example of a duty imposed by substantive
law that might violate some moral or ethical belief. This might be a good time
to talk about the various schools of legal jurisprudence. Have them speculate
how a legal positivist would differ from a legal sociologist or natural law
theorist in handling such situations.
6. Contrast criminal law with civil law.
A. Point out that society considers it much worse to be convicted of a crime
than to be held civilly liable. Explain how, as a result, there are more
exacting procedural safeguards to protect a defendant in a criminal trial than
in a civil trial.
B. Note the difference between compensatory damages and punitive
damages. Discuss the current uproar over punitive damages and the
Supreme Court’s attempt to rein them in. See State Farm Mutual Automobile
Insurance v. Campbell, 123 S.Ct. 1513 (U.S. Sup. Ct. 2003) (establishing
guideposts for calculating punitive damages). Punitive damages are discussed
further in Chapter 6.
C. Point out that often one can be subject to sanctions under both criminal
and civil laws without violating the proscription against ―double jeopardy.
Find out if the students think that punitive damages in a civil trial, coupled
with fines in a criminal trial, constitute a type of double jeopardy.
Marinello v. United States
Marinello was charged with the crime of corruptly impeding the due
administration of the Tax Code after he engaged in several activities that
underreported his taxable income. However, the
, U.S. Supreme Court overturned his criminal conviction because Marinello
was unaware that he was under IRS investigation at the time of his
activities. Citing the need to construe criminal
Statutes narrowly, the Court ruled that the particular statute—the Omnibus
Clause—did not cover all activities that underreported income. The Court
believed that the statute covered a narrower range of activities aimed directly
at thwarting the activities of investigations when the taxpayer knew or
should have known an investigation was underway.
Points for Discussion: This case is placed in the text as an example of the
general rules underlying criminal law. Specifically, a person generally cannot
be convicted of a crime unless he or she violates a statute. However, such
statutes must be objectively clear to a reasonable person. This Government’s
interpretation of this statute was believed to grant the Government too much
discretion in determining what constituted a crime.
7. The brief introduction to our legal system should be a review for most
students.
A. The constitutional law material is more heavily discussed in Chapter 4. An
argument can be made for it to be presented immediately following this
chapter. However, we believe students should first review Chapter 2’s
discussion of the dispute resolution system.
B. Talk about the role of the courts in determining the constitutionality of
legislation. Do they believe this gives the courts too much power?
C. Explain the relationship between state laws and federal laws. Make
certain the students understand that state laws may not violate the federal
constitution and must be consistent with federal statutes.
Henry Schein v. Archer & White Sales
The Federal Arbitration Act provides that parties may, through their power
to contract, agree that their disputes will be arbitrated. In addition, the Act
allows those same parties to agree that an arbitrator, rather than a court,
will determine whether that arbitration clause applies to any particular
dispute they may have. However, several federal appellate courts carved out
a ―wholly groundless‖ exception to the latter rule by which they allowed
courts to conclude that arbitration was not appropriate when the court
believed the claim of arbitrability was groundless. In this case, the U.S.
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