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The Legal Environment and Advanced Business Law

Table of Contents

• About the Authors

• Acknowledgments

• 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