Exam (elaborations)
INSTUCTOR ANUAL FOR LAW FOR BUSINESS 15TH EDITION BY BARNES A+
- Course
- Institution
- Book
INSTUCTOR MANUAL FOR LAW FOR BUSINESS 15TH EDITION BY BARNES A,,
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Complete solutions manual for law for business, 15th edition by barnes, lemper, richards (mcgraw-hill 2024 9781265676100-isbn) All chapters are included latest edidion
-
SOLUTION MANUAL For Law for Business, 15th Edition By A. James Barnes, Timothy Lemper, Verified Chapters 1 - 47, Complete
-
SOLUTION MANUAL For Law for Business, 15th Edition By A. James Barnes, Timothy Lemper, Verified Chapters 1 - 47, Complete
Seller
Follow
ASolution
Reviews received
Content preview
Created By: Irfan AliINSTUCTOR MANUAL FOR LAW FOR BUSINESS 15TH
EDITION BY BARNES A+
Chapter 1-47
CHAPTER 1: LAW AND LEGAL REASONING
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.
Test Bank Page 1
,Created By: Irfan Ali
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.
Test Bank Page 2
,Created By: Irfan Ali
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.
Test Bank Page 3
, Created By: Irfan Ali
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.
Test Bank Page 4
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ASolution. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79879 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now