Instructor's Manual For Business Law and Strategy (2024) 2nd Edition By Sean Melvin (All Chapters, 100% Original Verified, A+ Grade)
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Business Law and Strategy
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Business Law And Strategy
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Instructor's Manual For Business Law and Strategy...
Business Law and Strategy (2024) 2nd Edition By Sean Melvin
(Instructor's Manual All Chapters, 100% Original Verified, A
+ Grade)
Chapter 1
Legal Foundations and Thinking Strategically
CHAPTER OVERVIEW
This chapter discusses important touchstones for understanding the legal process and identifying
legal issues that arise in the business environment.
KEY LEARNING OUTCOMES
Outcome Accreditation
Categories
Articulate a working definition of law and explain its origins. Knowledge
Categorize various laws and articulate the functions of law and legal systems. Application
Explain the importance and benefits of legal awareness for business owners Application
and managers in creating strategy and adding value to a company and the role
of counsel in decision making.
Differentiate between and provide examples of primary and secondary Analytical
sources of American law. Thinking
Apply the legal doctrine of stare decisis in a business context. Application
Teaching Tip: Manageable Material
Students are often overwhelmed with their first introduction to law. It is important to cover the
material in manageable amounts and use lots of examples, both real and hypothetical.
I. INTRODUCTION TO LAW [p. 3]
Points to emphasize:
• Law is a body of rules of action or conduct prescribed by controlling authority and
having legal binding force. (Black’s Law Dictionary)
• Law may be set down in written code or take the form of judicial decisions and actions of
government agencies.
• The common characteristic of state law is that it creates duties, obligations, and rights
that reflect accepted views of a given society.
• Important to business, the law provides a mechanism to resolve disputes arising from
duties and rights and allows parties to enforce promises in a court of law.
II. CATEGORIES OF LAW [p. 3]
Points to emphasize:
• It is helpful to breakdown law into broad categories based on classifications to a
particular function or a right afforded by law.
.
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, • Table 1.1 sets out the various categories of law and provides examples.
• These categories are not mutually exclusive. For example, a person who punches another
person in the face has committed both a criminal act (the crime of assault and battery)
and a civil wrong (the tort of assault and battery).
A. Language of the Law [p. 4]
Points to emphasize:
• It is vital that business students have a basic understanding of legal terminology that
might be used in a business context in their future careers.
• Black’s Law Dictionary is the authoritative source for legal terms.
B. Functions of Law [p. 4]
Points to emphasize:
• Law provides for a system of order that defines rules of conduct and levies punishment
for violation of those rules.
• One purpose of law is to ensure consistency and fairness and to promote equality and
justice in society.
• Another purpose of law is to create a system for resolving disputes by providing a basis
for deciding the legal interest and rights of the parties.
• In business, law serves as an important catalyst for commerce by promoting good faith
dealing amount merchants and consumers and giving some degree of reliability for
business planning and commercial transactions.
.
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,III. LAW IN CONTEXT: BUSINESS AND STRATEGY [p. 5]
Points to emphasize:
• The first step to learning how legal decisions should be made in a business context is to
develop legal insight by understanding the fundamentals of legal theory and how they
may impact business.
• The second step is learning to apply legal theories in practice and recognizing that having
legal awareness may present opportunities for proactive business planning. This
awareness may empower business owners and managers to limit liability, gain a
competitive edge, and add value to the business.
• Managers who work cooperatively with attorneys make better business decisions.
A. Business Swimming in a Sea of Law: Defining Strategy [p. 5]
Points to emphasize:
According to Harvard Business professor Constance Bagley, “business is swimming is a sea of
law.” Consider the following current regulatory trends:
• Navigating increased U.S. and foreign regulation (e.g., regulation of financial markets,
European Union (EU) regulation of antitrust and consumer privacy).
• Varying international regimes in trade and intellectual property (e.g., World Intellectual
Property Organization versus developing nations).
• Stiffer penalties for noncompliance (e.g. Amazon was recently fined US$887 million by
an EU privacy regulator for violations related to its advertising policies).
• Increased officer and director liability (e.g., liability for data breaches and ransomware
attacks).
• Substantial increase in attorney-directors for U.S.-based corporate boards.
• Changing legal landscape (e.g., uncertainty surrounding use of Covid-19 related waivers
and workplace rules).
B. Using Strategy in Legal Decisions [p. 6]
Points to emphasize:
• A strategy refers to a set of guide posts created to achieve an overall objective.
• The legal environment is full of uncertainty regarding the level of compliance and the
level of enforcement.
• Business leaders often pursue legal strategies such as (1) noncompliance, (2) avoidance,
(3) prevention, and (4) value creation or legal competitive advantage.
• Business owners and executives deploy tactics to achieve the objectives as part of the
strategy.
.
3
, C. Role of Counsel [p. 6-7]
Points to emphasize:
• Business owners and managers should work with counsel to increase business
opportunities, reduce costs, and limit risk and liability.
• In-house counsel refers to counsel that is part of the executive or midlevel management
team in a business.
• General counsel, who are in-house counsel, may also serve a secretary (corporate officer)
who is responsible for record keeping and complying with notice and voting requirements
of the board of directors.
• Business lawyers or corporate lawyers devote their time to advising businesses on issues
such as formation, governance, labor and employment laws, regulatory agency
compliance, legal transactions, intellectual property, and other legal issues important to
business operations.
IV. PRIMARY SOURCES AND LEVELS OF AMERICAN LAW [p. 7]
Points to emphasize:
• Much of American law is derived from English legal doctrines.
• Modern law is generally a combination of constitutional law, statutory law, common law,
and administrative law at the federal, state, and local levels. These sources of law are
known as primary sources of law.
• Managers who work cooperatively with attorneys make better business decisions.
A. Constitutional Law [p. 7-8]
Points to emphasize:
• Constitution law is the foundation for all other law in the United States and is the
supreme law of the land.
• It functions with other laws to (1) establish a structure for the federal and state
governments and set rules for amending the constitution; (2) grant specific powers for the
different branches of government; and (3) provide procedural protections for U.S.
citizens from wrongful government actions.
• Constitutional law includes permanence (basic principles of society and rarely amended)
and preemption (constitutional law is supreme over other sources of law).
Case 1.1 Kelo et al. v. City of New London, Connecticut, et al.
Facts: New London had experienced decades of economic decline. State and local officials
targeted New London for economic revitalization. The New London Development Corporation
(NLDC), a private nonprofit entity, was established to assist the city with economic
development. The NLDC’s development plan aimed to leverage Pfizer’s relocation to New
London and create new hotels, restaurants, and shopping. The city council authorized NLDC to
acquire property by exercising eminent domain in the city’s name. Kelo and a few other holdouts
.
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