Legal Environment of Business

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