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Table of Contents
About the Authors
Acknowledgments
Preface
1
Introduction to Law and Legal Systems
1.1
What Is Law?
1.2
Schools of Legal Thought
1.3
Basic Concepts and Categories of US Positive Law
1.4
Sources of Law and Their Priority
1.5
Legal and Political Systems of the World
1.6
A Sample Case
1.7
Summary and Exercises
2
Corporate Social Responsibility and Business Ethics
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2.1
What Is Ethics?
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2.2
Major Ethical Perspectives
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2.3
An Ethical Decision Model
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2.4
Corporations and Corporate Governance
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2.5
Summary and Exercises
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3
Courts and the Legal Process
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3.1
The Relationship between State and Federal Court Systems in the United States
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3.2
The Problem of Jurisdiction
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3.3
Motions and Discovery
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3.4
The Pretrial and Trial Phase
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3.5
Judgment, Appeal, and Execution
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3.6
When Can Someone Bring a Lawsuit?
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3.7
Relations with Lawyers
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3.8
Alternative Means of Resolving Disputes
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3.9
Cases
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4
Constitutional Law and US Commerce
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4.1
Basic Aspects of the US Constitution
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4.2
The Commerce Clause
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4.3
Dormant Commerce Clause
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4.4
Preemption: The Supremacy Clause
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4.5
Business and the Bill of Rights
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4.6
Cases
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4.7
Summary and Exercises
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5
Administrative Law
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5.1
Administrative Agencies: Their Structure and Powers
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5.2
Controlling Administrative Agencies
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5.3
The Administrative Procedure Act
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5.4
Administrative Burdens on Business Operations
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5.5
The Scope of Judicial Review
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5.6
Cases
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5.7
Summary and Exercises
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6
Criminal Law
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6.1
The Nature of Criminal Law
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6.2
Types of Crimes
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6.3
The Nature of a Criminal Act
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6.4
Responsibility
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6.5
Procedure
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6.6
Constitutional Rights of the Accused
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6.7
Cases
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6.8
Summary and Exercises
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7
Introduction to Tort Law
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7.1
Purpose of Tort Laws
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7.2
Intentional Torts
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7.3
Negligence
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7.4
Strict Liability
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7.5
Cases
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7.6
Summary and Exercises
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8
Introduction to Contract Law
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8.1
General Perspectives on Contracts
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8.2
Sources of Contract Law
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8.3
Basic Taxonomy of Contracts
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8.4
Cases
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8.5
Summary and Exercises
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9
The Agreement
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9.1
The Agreement in General
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9.2
The Offer
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9.3
The Acceptance
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9.4
Cases
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9.5
Summary and Exercises
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10
Real Assent
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10.1
Duress and Undue Influence
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10.2
Misrepresentation
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10.3
Mistake
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10.4
Capacity
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10.5
Cases
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10.6
Summary and Exercises
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11
Consideration
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11.1
General Perspectives on Consideration
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11.2
Legal Sufficiency
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11.3
Promises Enforceable without Consideration
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11.4
Cases
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11.5
Summary and Exercises
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12
Legality
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12.1
General Perspectives on Illegality
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12.2
Agreements in Violation of Statute
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12.3
Bargains Made Illegal by Common Law
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12.4
Effect of Illegality and Exceptions
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12.5
Cases
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12.6
Summary and Exercises
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13
Form and Meaning
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13.1
The Statute of Frauds
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13.2
The Parol Evidence Rule
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13.3
Interpretation of Agreements: Practicalities versus Legalities
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13.4
Cases
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13.5
Summary and Exercises
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14
Third-Party Rights
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14.1
Assignment of Contract Rights
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14.2
Delegation of Duties
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14.3
Third-Party Beneficiaries
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14.4
Cases
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14.5
Summary and Exercises
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15
Discharge of Obligations
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15.1
Discharge of Contract Duties
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15.2
Cases
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15.3
Summary and Exercises
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16
Remedies
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16.1
Theory of Contract Remedies
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16.2
Promisee’s Interests Protected by Contract
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16.3
Legal Remedies: Damages
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16.4
Equitable Remedies
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16.5
Limitations on Contract Remedies
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16.6
Cases
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16.7
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17
Products Liability
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17.1
Introduction: Why Products-Liability Law Is Important
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17.2
Warranties
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17.3
Negligence
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17.4
Strict Liability in Tort
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17.5
Tort Reform
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17.6
Cases
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17.7
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18
Relationships between Principal and Agent
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18.1
Introduction to Agency and the Types of Agents
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18.2
Duties between Agent and Principal
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Cases
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18.4
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19
Liability of Principal and Agent; Termination of Agency
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19.1
Principal’s Contract Liability
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19.2
Principal’s Tort and Criminal Liability
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19.3
Agent’s Personal Liability for Torts and Contracts; Termination of Agency
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19.4
Cases
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19.5
Summary and Exercises
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20
Partnerships: General Characteristics and Formation
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20.1
Introduction to Partnerships and Entity Theory
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20.2
Partnership Formation
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20.3
Cases
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20.4
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21
Partnership Operation and Termination
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21.1
Operation: Relations among Partners
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21.2
Operation: The Partnership and Third Parties
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21.3
Dissolution and Winding Up
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21.4
Cases
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21.5
Summary and Exercises
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22
Hybrid Business Forms
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22.1
Limited Partnerships
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22.2
Limited Liability Companies
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22.3
Other Forms
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22.4
Cases
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22.5
Summary and Exercises
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23
Corporation: General Characteristics and Formation
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23.1
Historical Background
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23.2
Partnerships versus Corporations
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23.3
The Corporate Veil: The Corporation as a Legal Entity
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23.4
Classifications of Corporations
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23.5
Corporate Organization
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23.6
Effect of Organization
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23.7
Cases
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23.8
Summary and Exercises
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24
Legal Aspects of Corporate Finance
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24.1
General Sources of Corporate Funds
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24.2
Bonds
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24.3
Types of Stock
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24.4
Initial Public Offerings and Consideration for Stock
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24.5
Dividends
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24.6
The Winds of Change
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24.7
Cases
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24.8
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25
Corporate Powers and Management
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25.1
Powers of a Corporation
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25.2
Rights of Shareholders
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25.3
Duties and Powers of Directors and Officers
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25.4
Liability of Directors and Officers
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25.5
Cases
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25.6
Summary and Exercises
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26
Securities Regulation
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26.1
The Nature of Securities Regulation
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26.2
Liability under Securities Law
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26.3
Cases
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26.4
Summary and Exercises
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27
Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution
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27.1
Corporate Expansion
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27.2
Foreign Corporations
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27.3
Dissolution
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27.4
Cases
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27.5
Summary and Exercises
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28
Antitrust Law
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28.1
History and Basic Framework of Antitrust Laws in the United States
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28.2
Horizontal Restraints of Trade
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28.3
Vertical Restraints of Trade
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28.4
Price Discrimination: The Robinson-Patman Act
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28.5
Exemptions
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28.6
Sherman Act, Section 2: Concentrations of Market Power
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28.7
Acquisitions and Mergers under Section 7 of the Clayton Act
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28.8
Cases
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28.9
Summary and Exercises
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29
Unfair Trade Practices and the Federal Trade Commission
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29.1
The Federal Trade Commission: Powers and Law Governing Deceptive Acts
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29.2
Deceptive Acts and Practices
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29.3
Unfair Trade Practices
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29.4
Remedies
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29.5
Cases
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29.6
Summary and Exercises
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30
Employment Law
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30.1
Federal Employment Discrimination Laws
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30.2
Employment at Will
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30.3
Other Employment-Related Laws
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30.4
Cases
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30.5
Summary and Exercises
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31
Labor-Management Relations
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31.1
A Brief History of Labor Legislation
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31.2
The National Labor Relations Board: Organization and Functions
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31.3
Labor and Management Rights under the Federal Labor Laws
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31.4
Case
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31.5
Summary and Exercises
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32
International Law
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32.1
Introduction to International Law
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32.2
Sources and Practice of International Law
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32.3
Important Doctrines of Nation-State Judicial Decisions
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32.4
Regulating Trade
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32.5
Cases
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32.6
Summary and Exercises
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