Advanced Business Law and the Legal Environment
v. 1.0
Table of Contents
Licensing Information
Preface
Chapter 1: Introduction to Law and Legal Systems
Chapter Introduction
What Is Law?
Schools of Legal Thought
Basic Concepts and Categories of US Positive Law
Sources of Law and Their Priority
Legal and Political Systems of the World
A Sample Case
Summary and Exercises
Chapter 2: Corporate Social Responsibility and Business Ethics
Chapter Introduction
What Is Ethics?
Major Ethical Perspectives
An Ethical Decision Model
Corporations and Corporate Governance
Summary and Exercises
Chapter 3: Courts and the Legal Process
Chapter Introduction
The Relationship between State and Federal Court Systems in the United States
The Problem of Jurisdiction
Motions and Discovery
The Pretrial and Trial Phase
Judgment, Appeal, and Execution
When Can Someone Bring a Lawsuit?
Relations with Lawyers
Alternative Means of Resolving Disputes
Cases
Chapter 4: Constitutional Law and US Commerce
Chapter Introduction
Basic Aspects of the US Constitution
The Commerce Clause
Dormant Commerce Clause
Preemption: The Supremacy Clause
Business and the Bill of Rights
Cases
Summary and Exercises
Chapter 5: Administrative Law
Chapter Introduction
Administrative Agencies: Their Structure and Powers
Controlling Administrative Agencies
The Administrative Procedure Act
Administrative Burdens on Business Operations
The Scope of Judicial Review
Cases
Summary and Exercises
Chapter 6: Criminal Law
Chapter Introduction
The Nature of Criminal Law
Types of Crimes
The Nature of a Criminal Act
Responsibility
Procedure
Constitutional Rights of the Accused
Cases
Summary and Exercises
Chapter 7: Introduction to Tort Law
Chapter Introduction
Purpose of Tort Laws
Intentional Torts
Negligence
Strict Liability
Cases
Summary and Exercises
Chapter 8: Introduction to Sales and Leases
Chapter Introduction
Commercial Transactions: the Uniform Commercial Code
Introduction to Sales and Lease Law, and the Convention on Contracts for the International Sale of Goods
Sales Law Compared with Common-Law Contracts and the CISG
General Obligations under UCC Article 2
Cases
Summary and Exercises
Chapter 9: Title and Risk of Loss
Chapter Introduction
Transfer of Title
Title from Nonowners
Risk of Loss
Cases
Summary and Exercises
Chapter 10: Performance and Remedies
Chapter Introduction
Performance by the Seller
Performance by Buyer
Remedies
Excuses for Nonperformance
Cases
Summary and Exercises
Chapter 11: Products Liability
Chapter Introduction
Introduction: Why Products-Liability Law Is Important
Warranties
Negligence
Strict Liability in Tort
Tort Reform
Cases
Summary and Exercises
Chapter 12: Bailments and the Storage, Shipment, and Leasing of Goods
Chapter Introduction
Introduction to Bailment Law
Liability of the Parties to a Bailment
The Storage and Shipping of Goods
Negotiation and Transfer of Documents of Title (or Commodity Paper)
Cases
Summary and Exercises
Chapter 13: Nature and Form of Commercial Paper
Chapter Introduction
Introduction to Commercial Paper
Scope of Article 3 and Types of Commercial Paper and Parties
Requirements for Negotiability
Cases
Summary and Exercises
Chapter 14: Negotiation of Commercial Paper
Chapter Introduction
Transfer and Negotiation of Commercial Paper
Indorsements
Problems and Issues in Negotiation
Cases
Summary and Exercises
Chapter 15: Holder in Due Course and Defenses
Chapter Introduction
Holder in Due Course
Defenses and Role in Consumer Transactions
Cases
Summary and Exercises
Chapter 16: Liability and Discharge
Chapter Introduction
Liability Imposed by Signature: Agents, Authorized and Unauthorized
Contract Liability of Parties
Warranty Liability of Parties
Discharge
Cases
Summary and Exercises
Chapter 17: Legal Aspects of Banking
Chapter Introduction
Banks and Their Customers
Electronic Funds Transfers
Wholesale Transactions and Letters of Credit
Cases
Summary and Exercises
Chapter 18: Consumer Credit Transactions
Chapter Introduction
Entering into a Credit Transaction
Consumer Protection Laws and Debt Collection Practices
Cases
Summary and Exercises
Chapter 19: Secured Transactions and Suretyship
Chapter Introduction
Introduction to Secured Transactions
Priorities
Rights of Creditor on Default and Disposition after Repossession
Suretyship
Cases
Summary and Exercises
Summary and Exercises
Chapter 20: Mortgages and Nonconsensual Liens
Chapter Introduction
Uses, History, and Creation of Mortgages
Priority, Termination of the Mortgage, and Other Methods of Using Real Estate as Security
Nonconsensual Lien
Cases
Summary and Exercises
Chapter 21: Bankruptcy
Chapter Introduction
Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act
Case Administration; Creditors’ Claims; Debtors’ Exemptions and Dischargeable Debts; Debtor’s Estate
Chapter 7 Liquidation
Chapter 11 and Chapter 13 Bankruptcies
Alternatives to Bankruptcy
Cases
Summary and Exercises
Chapter 22: Introduction to Property: Personal Property and Fixtures
Chapter Introduction
The General Nature of Property Rights
Personal Property
Fixtures
Case
Summary and Exercises
Chapter 23: Intellectual Property
Chapter Introduction
Patents
Trade Secrets
Copyright
Trademarks
Cases
Summary and Exercises
Chapter 24: The Nature and Regulation of Real Estate and the Environment
Chapter Introduction
Estates
Rights Incident to Possession and Ownership of Real Estate
Easements: Rights in the Lands of Others
Regulation of Land Use
Environmental Law
Cases
Summary and Exercises
Chapter 25: The Transfer of Real Estate by Sale
Chapter Introduction
Forms of Ownership
Brokers, Contracts, Proof of Title, and Closing
Adverse Possession
Cases
Summary and Exercises
Chapter 26: Landlord and Tenant Law
Chapter Introduction
Types and Creation of Leasehold Estates
Rights and Duties of Landlords and Tenants
Transfer of Landlord’s or Tenant’s Interest
Landlord’s Tort Liability
Cases
Summary and Exercises
Chapter 27: Estate Planning: Wills, Estates, and Trusts
Chapter Introduction
Wills and Estate Administration
Trusts
Factors Affecting Estates and Trusts
Cases
Summary and Exercises
Chapter 28: Insurance
Chapter Introduction
Definitions and Types of Insurance
Property Insurance, Liability Insurance, and Life Insurance
Insurer’s Defenses
Case
Summary and Exercises