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ISBN 10: 1305075455
ISBN 13: 978-1305075450
Author: Roger Miller, Frank Cross
Based on content required by the Association to Advance Collegiate Schools of Business, THE LEGAL ENVIRONMENT TODAY: BUSINESS IN ITS ETHICAL, REGULATORY, E-COMMERCE, AND GLOBAL SETTING, 8e equips you with working knowledge of business-related laws while strengthening the critical reasoning skills you need to interpret and apply them. Coverage includes the latest on cyber law, social media, privacy, corporate responsibility, financial and credit card reforms, health-care laws, and much more. Using carefully selected cases, the text helps you identify and resolve legal issues you may encounter in the business world. Hypothetical situations and exercises, ethical discussions, and international considerations give you further insight into how business law applies to your everyday life and future career. In addition, exam preparation sections in the text and online access to interactive flash cards, quizzing, and other tools help maximize your course success.
The Legal Environment Today 8th Table of contents:
Unit 1. The Foundations
Chapter 1. Business and Its Legal Environment
Business Activities and the Legal Environment
Many Different Laws May Affect a Single Business Transaction
Linking Business Law to the Six Functional Fields of Business
The Role of the Law in a Small Business
Sources of American Law
Constitutional Law
Statutory Law
Administrative Law
Case Law and Common Law Doctrines
The Common Law Tradition
Early English Courts
Stare Decisis
Equitable Remedies and Courts of Equity
Schools of Legal Thought
Classifications of Law
Civil Law and Criminal Law
National and International Law
Reviewing…Business and Its Legal Environment
Key Terms
Chapter Summary: Business and Its Legal Environment
Issue Spotters
For Review
Business Scenarios and Case Problems
Appendix to Chapter 1. Finding and Analyzing the Law
Chapter 2. Business Ethics
Business Ethics
Why Is Studying Business Ethics Important?
The Importance of Ethics in Making Business Decisions
The Relationship of Law and Ethics
Business Ethics and Social Media
Hiring Procedures
The Use of Social Media to Discuss Work-Related Issues
Ethics in Reverse
Approaches to Ethical Reasoning
Duty-Based Ethics
Outcome-Based Ethics: Utilitarianism
Corporate Social Responsibility
Making Ethical Business Decisions
A Systematic Approach
The Importance of Ethical Leadership
Global Business Ethics
Employment Practices of Foreign Suppliers
The Foreign Corrupt Practices Act
Reviewing…Business Ethics
Linking Business Law to Accounting and Finance: Managing a Company’s Reputation
Internal Reports Designed for External Scrutiny
Why Use Managerial Accounting to Manage Reputations?
Key Terms
Chapter Summary: Business Ethics
Issue Spotters
For Review
Business Scenarios and Case Problems
Appendix to Chapter 2. Costco Code of Ethics
Chapter 3. Courts and Alternative Dispute Resolution
The Judiciary’s Role
Judicial Review
The Origins of Judicial Review in the United States
Basic Judicial Requirements
Jurisdiction
Jurisdiction in Cyberspace
Venue
Standing to Sue
The State and Federal Court Systems
The State Court Systems
The Federal Court System
Following a State Court Case
Pretrial Procedures
At the Trial
Posttrial Motions
The Appeal
Enforcing the Judgment
The Courts Adapt to the Online World
Electronic Filing
Courts Online
Cyber Courts and Proceedings
Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
Providers of ADR Services
Online Dispute Resolution
Reviewing…Courts and Alternative Dispute Resolution
Key Terms
Chapter Summary: Courts and Alternative Dispute Resolution
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 4. Business and the Constitution
The Constitutional Powers of Government
A Federal Form of Government
The Separation of Powers
The Commerce Clause
The Supremacy Clause
Business and the Bill of Rights
Limits on Federal and State Governmental Actions
The First Amendment—Freedom of Speech
The First Amendment—Freedom of Religion
Due Process and Equal Protection
Due Process
Equal Protection
Privacy Rights
Federal Privacy Legislation
Medical Information
The USA Patriot Act
Reviewing…Business and the Constitution
Linking Business Law to Marketing: Is “Pretexting” Illegal?
What Is “Pretexting”?
Pretexting Legislation
Key Terms
Chapter Summary: Business and the Constitution
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 5. Torts and Strict Liability
The Basis of Tort Law
The Purpose of Tort Law
Damages Available in Tort Actions
Tort Reform
Classifications of Torts
Defenses
Intentional Torts against Persons
Assault
Battery
False Imprisonment
Intentional Infliction of Emotional Distress
Defamation
Invasion of Privacy
Fraudulent Misrepresentation
Abusive or Frivolous Litigation
Wrongful Interference
Intentional Torts against Property
Trespass to Land
Trespass to Personal Property
Conversion
Disparagement of Property
Negligence
The Duty of Care and Its Breach
Causation
The Injury Requirement and Damages
Defenses to Negligence
Special Negligence Doctrines and Statutes
Strict Liability
Abnormally Dangerous Activities
Other Applications of Strict Liability
Reviewing…Torts and Strict Liability
Key Terms
Chapter Summary: Torts and Strict Liability
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 6. Criminal Law and Cyber Crime
Civil Law and Criminal Law
Key Differences between Civil Law and Criminal Law
Civil Liability for Criminal Acts
Criminal Liability
The Criminal Act
State of Mind
Corporate Criminal Liability
Types of Crimes
Violent Crime
Property Crime
Public Order Crime
White-Collar Crime
Organized Crime
Classification of Crimes
Defenses to Criminal Liability
Justifiable Use of Force
Necessity
Insanity
Mistake
Duress
Entrapment
Statute of Limitations
Immunity
Criminal Procedures
Fourth Amendment Protections
The Exclusionary Rule
The Miranda Rule
Criminal Process
Federal Sentencing Guidelines
Cyber Crime
Cyber Fraud
Cyber Theft
Hacking
Prosecuting Cyber Crime
Reviewing…Criminal Law and Cyber Crime
Linking Business Law to Accounting and Finance: Protecting Your Company against the Hacking of Its Bank Accounts
You May Not Receive Compensation for Your Losses
Insurance May Not Be the Answer
Key Terms
Chapter Summary: Criminal Law and Cyber Crime
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 7. International Law in a Global Economy
International Law
Sources of International Law
International Principles and Doctrines
Doing Business Internationally
Exporting
Manufacturing Abroad
Regulation of Specific Business Activities
Investment Protections
Export Controls
Import Controls
Minimizing Trade Barriers
International Contracts
Contract Clauses
Civil Dispute Resolution
Payment Methods
Monetary Systems
Letters of Credit
U.S. Laws in a Global Context
U.S. Antitrust Laws
International Tort Claims
Antidiscrimination Laws
Reviewing…International Law in a Global Economy
Key Terms
Chapter Summary: International Law in a Global Economy
Issue Spotters
For Review
Business Scenarios and Case Problems
Unit 2. The Commercial Environment
Chapter 8. Intellectual Property Rights
Trademarks
Statutory Protection of Trademarks
Trademark Registration
Trademark Infringement
Distinctiveness of the Mark
Service, Certification, and Collective Marks
Trade Dress
Counterfeit Goods
Trade Names
Licensing
Patents
Searchable Patent Databases
What Is Patentable?
Patent Infringement
Remedies for Patent Infringement
Copyrights
What Is Protected Expression?
Copyright Infringement
Copyright Protection for Software
Trade Secrets
State and Federal Law on Trade Secrets
Trade Secrets in Cyberspace
International Protections
The Berne Convention
The TRIPS Agreement
The Madrid Protocol
The Anti-Counterfeiting Trade Agreement
Reviewing…Intellectual Property Rights
Linking Business Law to Marketing: Trademarks and Service Marks
The Broad Range of Trademarks and Service Marks
When to Protect Your Trademarks and Service Marks
Key Terms
Chapter Summary: Intellectual Property Rights
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 9. Internet Law, Social Media, and Privacy
Internet Law
Spam
Domain Names
Cybersquatting
Meta Tags
Trademark Dilution in the Online World
Licensing
Copyrights in Digital Information
Digital Millennium Copyright Act
MP3 and File-Sharing Technology
Social Media
Legal Issues
The Electronic Communications Privacy Act
Protection of Social Media Passwords
Company-wide Social Media Networks
Online Defamation
Identifying the Author of Online Defamation
Liability of Internet Service Providers
Privacy
Data Collection and Cookies
Internet Companies’ Privacy Policies
Protecting Consumer Privacy
Reviewing…Internet Law, Social Media, and Privacy
Key Terms
Chapter Summary: Internet Law, Social Media, and Privacy
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 10. The Formation of Traditional and E-Contracts
An Overview of Contract Law
Sources of Contract Law
The Definition of a Contract
The Objective Theory of Contracts
Elements of a Valid Contract
Defenses to the Enforceability of a Contract
Types of Contracts
Contract Formation
Contract Performance
Contract Enforceability
Agreement
Requirements of the Offer
Termination of the Offer
Acceptance
E-Contracts
Online Offers
Online Acceptances
E-Signature Technologies
Federal Law on E-Signatures and E-Documents
The Uniform Electronic Transactions Act
Consideration
Elements of Consideration
Agreements That Lack Consideration
Contractual Capacity
Minors
Intoxication
Mental Incompetence
Legality
Contracts Contrary to Statute
Contracts Contrary to Public Policy
Form
Reviewing…The Formation of Traditional and E-Contracts
Key Terms
Chapter Summary: The Formation of Traditional and E-Contracts
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 11. Contract Performance, Breach, and Remedies
Voluntary Consent
Mistakes
Fraudulent Misrepresentation
Undue Influence
Duress
Third Party Rights
Assignments
Delegations
Third Party Beneficiaries
Performance and Discharge
Conditions of Performance
Discharge by Performance
Discharge by Agreement
Discharge by Operation of Law
Damages
Types of Damages
Mitigation of Damages
Liquidated Damages versus Penalties
Waiver of Breach
Equitable Remedies
Rescission and Restitution
Specific Performance
Reformation
Contract Provisions Limiting Remedies
The UCC Allows Sales Contracts to Limit Remedies
Enforceability of Limitation-of-Liability Clauses
Reviewing…Contract Performance, Breach, and Remedies
Key Terms
Chapter Summary: Contract Performance, Breach, and Remedies
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 12. Sales, Leases, and Product Liability
The Scope of Articles 2 and 2A
Article 2—The Sale of Goods
Article 2A—Leases
Formation of Sales and Lease Contracts
Offer
Acceptance
Consideration
The Statute of Frauds
Performance
Obligations of the Seller or Lessor
Obligations of the Buyer or Lessee
Anticipatory Repudiation
Remedies for Breach
Remedies of the Seller or Lessor
Remedies of the Buyer or Lessee
Additional Provisions Affecting Remedies
Warranties
Title Warranties
Express Warranties
Implied Warranties
Warranty Disclaimers
Product Liability
Negligence
Misrepresentation
Strict Product Liability
Defenses to Product Liability
Reviewing…Sales, Leases, and Product Liability
Linking Business Law to Corporate Management: Quality Control
Three Types of Quality Control
Total Quality Management (TQM)
Key Terms
Chapter Summary: Sales, Leases, and Product Liability
Issue Spotters
For Review
Business Scenarios and Case Problems
Appendix to Chapter 12. An Example of a Contract for the International Sale of Coffee
Chapter 13. Creditor-Debtor Relations and Bankruptcy
Laws Assisting Creditors
Liens
Garnishment
Creditors’ Composition Agreements
Suretyship and Guaranty
Mortgages
Fixed-Rate Mortgages
Adjustable-Rate Mortgages
Creditor Protection
Mortgage Foreclosure
Protection for Debtors
Exempted Real Property
Exempted Personal Property
Bankruptcy Law
Bankruptcy Courts
Types of Bankruptcy Relief
Special Requirements for Consumer-Debtors
Chapter 7—Liquidation
Voluntary Bankruptcy
Involuntary Bankruptcy
Automatic Stay
Estate in Property
The Bankruptcy Trustee
Exemptions
The Homestead Exemption
Creditors’ Meeting
Creditors’ Claims
Distribution of Property
Discharge
Reaffirmation of Debt
Chapter 11—Reorganization
Workouts
Best Interests of the Creditors
Debtor in Possession
Creditors’ Committees
The Reorganization Plan
Bankruptcy Relief under Chapter 12 and Chapter 1
Unit 3. Business and Employment
Chapter 14. Small Business Organizations
Sole Proprietorships
Advantages of the Sole Proprietorship
Disadvantages of the Sole Proprietorship
Partnerships
Agency Concepts and Partnership Law
When Does a Partnership Exist?
Entity versus Aggregate Theory of Partnerships
Partnership Formation
Rights of Partners
Duties and Liabilities of Partners
Partner’s Dissociation
Partnership Termination
Limited Liability Partnerships
Formation
Liability
Limited Partnerships
Formation of the Limited Partnership
Liabilities of Partners in a Limited Partnership
Dissociation and Dissolution of a Limited Partnership
Limited Liability Companies
Formation of an LLC
Jurisdictional Requirements
Advantages of the LLC
Disadvantages of the LLC
The LLC Operating Agreement
Management of an LLC
Dissociation and Dissolution of an LLC
Franchises
Types of Franchises
Laws Governing Franchising
The Franchise Contract
Termination of the Franchise
Reviewing…Small Business Organizations
Key Terms
Chapter Summary: Small Business Organizations
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 15. Corporations
Nature and Classification
Corporate Personnel
The Limited Liability of Shareholders
Corporate Earnings and Taxation
Criminal Acts and Tort Liability
Classification of Corporations
Formation and Powers
Promotional Activities
Incorporation Procedures
First Organizational Meeting to Adopt Bylaws
Improper Incorporation
Corporate Financing
Corporate Powers
Piercing the Corporate Veil
Factors That Lead Courts to Pierce the Corporate Veil
A Potential Problem for Close Corporations
Directors and Officers
Directors
Corporate Officers and Executives
Duties and Liabilities of Directors and Officers
Shareholders
Shareholders’ Powers
Shareholders’ Meetings
Rights of Shareholders
Chapter 16. Agency Relationships
Agency Relationships
Employer-Employee Relationships
Employer–Independent Contractor Relationships
Determining Employee Status
Formation of Agencies
Agency by Agreement of the Parties
Agency by Ratification
Agency by Estoppel
Agency by Operation of Law
Duties of Agents and Principals
Agent’s Duties to the Principal
Principal’s Duties to the Agent
Agent’s Authority
Express Authority
Implied Authority
Apparent Authority
Ratification
Liability in Agency Relationships
Liability for Contracts
Liability for Torts and Crimes
Chapter 17. Employment, Immigration, and Labor Law
Employment at Will
Exceptions to the Employment-at-Will Doctrine
Wrongful Discharge
Wages, Hours, and Layoffs
Child Labor
Wages and Hours
Overtime Exemptions
Layoffs
Family and Medical Leave
Coverage and Applicability of the FMLA
Violations of the FMLA
Worker Health and Safety
The Occupational Safety and Health Act
State Workers’ Compensation Laws
Income Security
Social Security
Medicare
Private Pension Plans
Unemployment Insurance
COBRA
Employer-Sponsored Group Health Plans
Affordable Care Act
Employee Privacy Rights
Electronic Monitoring
Other Types of Monitoring
Immigration Law
Immigration Reform and Control Act (IRCA)
The Immigration Act
Labor Unions
Federal Labor Laws
Union Organization
Collective Bargaining
Strikes
Reviewing…Employment, Immigration, and Labor Law
Key Terms
Chapter Summary: Employment, Immigration, and Labor Law
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter 18. Employment Discrimination
Title VII of the Civil Rights Act
The Equal Employment Opportunity Commission
Intentional and Unintentional Discrimination
Discrimination Based on Race, Color, and National Origin
Discrimination Based on Religion
Discrimination Based on Gender
Constructive Discharge
Sexual Harassment
Online Harassment
Remedies under Title VII
Discrimination Based on Age
Procedures under the ADEA
State Employees Not Covered by the ADEA
Discrimination Based on Disability
Procedures under the ADA
What Is a Disability?
Reasonable Accommodation
Defenses to Employment Discrimination
Business Necessity
Bona Fide Occupational Qualification
Seniority Systems
A Lack of Motive
After-Acquired Evidence of Employee Misconduct
Affirmative Action
Equal Protection Issues
Unit 4. The Regulatory Environment
Chapter 19. Powers and Functions of Administrative Agencies
Practical Significance
Administrative Agencies Exist at All Levels of Government
Agencies Provide a Comprehensive Regulatory Scheme
Agency Creation and Powers
Enabling Legislation—An Example
Agency Powers and the Constitution
The Administrative Process
Rulemaking
Investigation
Adjudication
Formal Complaints
The Role of the Administrative Law Judge
Hearing Procedures
Agency Orders
Judicial Deference to Agency Decisions
The Holding of the Chevron Case
When Courts Will Give Chevron Deference to Agency Interpretation
Public Accountability
Freedom of Information Act
Government in the Sunshine Act
Regulatory Flexibility Act
Small Business Regulatory Enforcement Fairness Act
Reviewing…Powers and Functions of Administrative Agencies
Linking Business Law to Management: Dealing with Administrative Law
Federal versus State and Local Agency Regulations
When Should You Participate in the Rulemaking Process?
Be Prepared for Investigations
Chapter 20. Consumer Protection
Deceptive Advertising
A Reasonable Consumer Would Be Misled
Bait-and-Switch Advertising
Online Deceptive Advertising
Federal Trade Commission Actions
False Advertising Claims under the Lanham Act
Telemarketing and Fax Advertising
Labeling and Packaging
Fuel Economy Labels on Automobiles
Food Labeling
Sales
Telephone and Mail-Order Sales
Online Sales
Protection of Health and Safety
The Federal Food, Drug, and Cosmetic Act
The Consumer Product Safety Act
Health-Care Reforms
Credit Protection
The Truth-in-Lending Act
The Fair Credit Reporting Act
The Fair and Accurate Credit Transactions Act
The Fair Debt Collection Practices Act
Reviewing…Consumer Protection
Key Terms
Chapter Summary: Consumer Protection
Issue Spotters
For Review
Business Scenarios and Case Problems
Chapter Summary: Investor Protection and Corporate Governance
Issue Spotters
For Review
Business Scenarios and Case Problems
Appendix A. How to Brief Cases and Analyze Case Problems
Appendix B. The Constitution of the United States
Appendix C. The Uniform Commercial Code (Articles 2 and 2A)
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