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Instructor Solution Manual For Dynamic Business Law The Essentials, 5th Edition, Nancy Kubasek
Instructor Solution Manual For Dynamic Business Law The Essentials, 5th Edition, Nancy Kubasek
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INSTRUCTOR MANUAL FOR m mDynamic Business Law The Essentials, 5th Edition, Nancy Kubasek
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Chapter 1-25
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Chapter 1: An Introduction to the Fundamentals of Dynamic Business Law
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m and Business Ethics
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1. CHAPTER OVERVIEW m
Chapter 1 lays the foundation for the textbook. The textbook emphasizes ways in which
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business law intersects with the six functional areas of business. Throughout the textbook,
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the authors will encourage students to ―connect to the core,‖ and remember the ways in
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which law intersects with other areas of study, including corporate management, production
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and transportation, marketing, research and development, accounting and finance, and human
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resource management.
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This manual supports the ―connecting to the core‖ theme by giving ideas for assignments
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that encourage students to integrate their business law knowledge with knowledge they are
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acquiring from their other business classes. The manual also encourages professors to
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improve their teaching skills. Finally, the manual suggests teaching ideas for both beginning
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and experienced teachers.
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2. LEARNING OBJECTIVES m
After reading this chapter, students will be able to answer the following questions:
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1. What is business law?
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2. How does business law relate to business education?
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3. What are the purposes of law?
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4. What are alternative ways to classify law?
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5. What are the sources of law?
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6. What are the various schools of jurisprudence?
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3. LECTURE NOTES WITH DEFINITIONS m m m
a. In the news… m m
Teaching tip: For each chapter, consider asking students to relate current news items to
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material from the chapter.
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In addition to ideas students come up with on their own, consider weaving in news
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mstories provided by the McGraw-Hill. Stories are available via a McGraw-Hill DVD,
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mand on the publisher‗s web site.
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1-1
© m2021 mMcGraw-Hill mEducation. mAll mrights mreserved. mNo mreproduction mor mdistribution mwithout mthe mprior mwritten mconsent mof
mMcGraw- m Hill mEducation.
,For Chapter One, McGraw-Hill offers the following stories:
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―Smoking Ban: Tobacco Tyrants: Gone Too Far? Many States Are Putting Stronger
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Restrictions on Where You Can Smoke‖
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Have states gone too far in banning smoking?
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Whose interests are state legislatures looking out for in banning smoking?
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―College Officer Dealings With Lenders Scrutinized.‖
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Should regulators take a more careful look at college officers?
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Why created changes in the ways college officers interact with lenders?
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b. What is business law? m m m
Business law consists of the enforceable rules of conduct that govern the actions of buyers
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and sellers in market exchanges.
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c. How does business law relate to business education? m m m m m m m
Business law applies to the six functional areas of business:
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Management
Production and transportation m m
Marketing
Research and development m m
Accounting and finance m m
Human resource management m m
d. What are the purposes of law? m m m m m
Providing order m
Serving as an alternative to fighting
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Facilitating a sense that change is possible m m m m m m
Encouraging social justice m m
Guaranteeing personal freedoms m m
Serving as a moral guide m m m m
e. What are alternative ways to classify law? m m m m m m
One way to classify law:
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Private law involves disputes between private individuals or groups.
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Public law involves disputes between private individuals or groups and their government.
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A second way to classify law:
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Civil law is the body of laws that govern the rights and responsibilities either between
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persons or between persons and their government.
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Criminal law is the body of laws that involve the rights and responsibilities an individual
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has with respect to the public as a whole.
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1-2
© m2021 mMcGraw-Hill mEducation. mAll mrights mreserved. mNo mreproduction mor mdistribution mwithout mthe mprior mwritten mconsent mof
mMcGraw- m Hill mEducation.
,Teaching tip: Ask students to give an example of a fact situation that led to both criminal
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and civil lawsuits, e.g., the O.J. Simpson trials.
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f. What are the sources of law? m m m m m
Sources of business law are:m m m m
1. Constitutions
Constitutional law refers to the general limits and powers of governments as stated in their
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mwritten constitutions. m
2. Statutes or legislative actions m m m
Statutes or legislative actions refer to the assortment of rules and regulations put forth by
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mlegislatures.
3. Cases
Case law (or common law) is the collection of legal interpretations made by judges.
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mPrecedent is a tool used by judges to make rulings on cases on the basis of key
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msimilarities to previous cases. m m m
Stare decisis is a principle stating that rulings made in higher courts are binding precedent
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mfor lower courts.
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Teaching tip: The first time your students encounter an appellate case in the readings,
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mshow them what stare decisis looks like in the context of a real case.
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4. Administrative law m
Administrative law is the collection of rules and decisions made by administrative agencies
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mto fill in particular details missing from constitutions and statutes.
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5. Treaties
A treaty is a binding agreement between two states or international organizations.
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6. Executive orders m
An executive order is a directive that comes from the president or state governor.
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g. What are the various schools of legal interpretation? m m m m m m m
Some schools of legal interpretation include:
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Identification with the Vulnerable— emphasis on fairness and looking out for m m m m m m m m m m
those with the least power.
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Historical School/ Tradition—emphasis on the use of traditions and stare decisis.
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Legal Realism—judges consider context such as social and economic conditions.
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Cost-benefit Analysis—emphasis is on assigning monetary values to costs and m m m m m m m m m
benefits of the law in order to make calculations to maximize the ratio of benefits
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to costs. m m
Teaching tip: Consider using ―The Case of the Speluncean Explorers (link below) to make
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the schools of jurisprudence come alive.
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h. Appendix on Critical Thinking and Business Law m m m m m m
Critical thinking includes the application of evaluative standards to assess the quality or the
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mreasoning being offered to support the conclusion. Critical thinkers will follow this pattern
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mof careful thinking when they read an argument:
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1. Find the facts. m m
2. Look fore the issue. m m m
1-3
© m2021 mMcGraw-Hill mEducation. mAll mrights mreserved. mNo mreproduction mor mdistribution mwithout mthe mprior mwritten mconsent mof
mMcGraw- m Hill mEducation.
, 3. Identify the judge‗s reasons and conclusion.
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4. Locate in the decision the rules of law that govern the judge‗s reasoning.
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5. Apply critical thinking to the reasoning. Evaluate the reasoning.
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Look for potential ambiguity. m m m
Consider the strength of analogies. m m m m
Check the quality of the judge‗s reasoning.
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Decide whether important information is missing.
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Consider the possibility of rival causes. m m m m m
4. TEACHING SKILLS: BLOOM’S TAXONOMY SETS THE STAGE m m m m m m
TO THINK ABOUT THE KINDS OF QUESTIONS TO ASK YOUR
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STUDENTS
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Benjamin Bloom, in his Taxonomy of Educational Objectives,* developed a hierarchy of
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cognitive functions. His work sets the stage for teachers to understand why it is important
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to think carefully about the kinds of questions they ask in class.
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The Objective
m Sample questions m
Knowledge What is business law? m m m
Lowest level of learning and is mostly
m m m m m m What are the four elements of a
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memory. The student recognizes and recalls
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information.
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Comprehension What is your understanding of the
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Lowest level of understanding. The student
m m m m m mconcept of stare decisis? m m m
paraphrases or explains something.
m m m m What does your textbook mean
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mby deontology?
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Application How would a natural law thinker
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Student demonstrates her understanding of
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mrespond to this particular fact pattern?
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abstract rules, principles, or generalizations by
m m m m m m Use a particular case rule to determine
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using them to solve life-like problems.
m m m m m m whether the plaintiff will be successful in
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mher claim. m
Analysis Provide the reasoning for the following
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Student breaks down a communication to
m m m m m mstatement: All contracts do not need tom m m m m m
discover the hidden structure as well as
m m m m m m m mbe in writing to be enforceable.
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assumptions.
m Break down a particular judge‗s opinion to
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understand the assumptions the judge is m m m m m
mmaking.
Synthesis Explain how two particular schools of
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Student creatively combines elements and
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mlegal interpretation are related.
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parts to form a whole new structure.
m m m m m m m Make a connection between duress
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mand insanity.
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Evaluation Identify and explain a reasoning flaw in
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Highest level of learning. Student makes a
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mthe judge‗s argument.
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critical judgment about the value of the
m m m m m m m Evaluate the following statement:
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* BENJAMIN BLOOM, TAXONOMY OF EDUCATIONAL OBJECTIVES: THE
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1-4
© m2021 mMcGraw-Hill mEducation. mAll mrights mreserved. mNo mreproduction mor mdistribution mwithout mthe mprior mwritten mconsent mof
mMcGraw- m Hill mEducation.
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