Contemporary Contemporary Law 8th Edition by Henry Cheeseman

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Author: Henry R. Cheeseman

For one- or two-semester undergraduate courses in Business Law Take students beyond rote memorization and into true understanding of the concepts and their implications. This motivating, up-to-date text presents business law, ethics, and the legal environment in a way that intrigues students, spurs them to ask questions, and takes them beyond rote memorization as they learn the issues and concepts. With its emphasis on covering online law and e-commerce as key parts of the legal environment-as well as today’s social, ethical, and international issues that are important to the study of business law-it’s the ideal text for your one- or two-semester undergraduate course in Business Law. This text provides a better teaching and learning experience-for you and your students. Here’s how: *Tailor the material to your specific course with the Custom Database option. *Draw students into the material with a rich selection of cases. *Address issues critical to the field of business law today.

Contemporary Contemporary Law 8th Table of contents:

Part I: LEGAL, ETHICAL, AND DIGITAL ENVIRONMENT
1 LEGAL HERITAGE AND THE DIGITAL AGE
Introduction to Legal Heritage and The Digital Age
What Is Law?
Schools of Jurisprudential Thought
History of American Law
Sources of Law In The United States
Critical Legal Thinking
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
2 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
Privileges and Immunities
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
3 COURTS AND JURISDICTION
Introduction to Courts and Jurisdiction
State Court Systems
Federal Court System
Supreme Court of the United States
Jurisdiction of Federal Courts
Standing to Sue, Jurisdiction, and Venue
Jurisdiction in Cyberspace
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
4 JUDICIAL, ALTERNATIVE, ADMINISTRATIVE, AND E-DISPUTE RESOLUTION
Introduction to Judicial, Alternative, Administrative, and E-Dispute Resolution
Pretrial Litigation Process
Pleadings
Discovery
Pretrial Motions
Settlement Conference
Trial
E-Courts
Appeal
Alternative Dispute Resolution
E-Dispute Resolution
Administrative Law
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
5 INTENTIONAL TORTS AND NEGLIGENCE
Introduction to Intentional Torts and Negligence
Intentional Torts
Unintentional Torts (Negligence)
Special Negligence Doctrines
Defenses Against Negligence
Strict Liability
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
6 CRIMINAL LAW AND CYBER CRIMES
Introduction to Criminal Law and Cyber Crimes
Definition of a Crime
Criminal Procedure
Common Crimes
Business and White-Collar-Crimes
Cyber Crimes
Fourth Amendment Protection Against Unreasonable Search and Seizure
Fifth Amendment Privilege Against Self-Incrimination
Other Constitutional Protections
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
7 INTELLECTUAL PROPERTY AND CYBER PIRACY
Introduction to Intellectual Property and Cyber Piracy
Intellectual Property
Trade Secret
Patent
Copyright
Trademark
Key Terms and Concepts
Critical Legal thinking Cases
Ethics Cases
Notes
8 ETHICS AND SOCIAL RESPONSIBILITY OF BUSINESS
Introduction to Ethics and Social Responsibility of Business
Ethics and the Law
Business Ethics
Social Responsibility of Business
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part II: CONTRACTS AND E-COMMERCE
9 NATURE OF TRADITIONAL AND E-CONTRACTS
Introduction to Nature of Traditional and E-Contracts
Definition of a Contract
Sources of Contract Law
Objective Theory of Contracts
E-Commerce
Classifications of Contracts
Express and Implled Contracts
Equity
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
10 AGREEMENT AND CONSIDERATION
Introduction to Agreement and Consideration.
Agreement
Offer
Special Offers
Termination of an Offer
Acceptance
Consideration
Promises That Lack Consideration
Settlement of Claims
Equity: Promissory Estoppel
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
11 CAPACITY AND LEGALITY
Introduction to Capacity and Legality.
Minors
Mentally Incompetent Persons
Intoxicated Persons
Legality
Special Business Contracts and Licensing Statutes
Unconscionable Contracts
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
12 GENUINENESS OF ASSENT AND STATUTE OF FRAUDS
Introduction to Genuineness of Assent and Statute of Frauds
Mistake
Fraud
Duress
Equitable Doctrine: Undue Influence
Statute of Frauds
Formality of the Witing
Parol Evidence Rule
Equitable Doctrine: Promissory Estoppel
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
13 THIRD-PARTY RIGHTS AND DISCHARGE
Introduction to Third-Party Rights and Discharge
Assignment of a Right
Delegation of a Duty
Third-Party Beneficiary
Covenants
Conditions
Discharge of Performance
Statute of Limitations
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
14 BREACH OF CONTRACT AND REMEDIES
Introduction to Breach of Contract and Remedies
Performance and Breach
Monetary Damages
Compensatory Damages
Consequential Damages
Nominal Damages
Mitigation of Damages
Liquidated Damages
Rescission and Restitution
Equitable Remedies
Arbitration of Contract Disputes
Torts Associated With Contracts
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
15 DIGITAL LAW AND E-COMMERCE
Introduction to Digital Law and E-Commerce
Internet
Email Contracts
E-Commerce and web Contracts
E-Licensing of Software and Information Rights
Privacy in Cyberspace
Domain Names
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part III: SALES AND LEASE CONTRACTS AND PRODUCT LIABILITY
16 FORMATION OF SALES AND LEASE CONTRACTS
Introduction to Formation of Sales and Lease Contracts
Uniform Commercial Code
Article 2 (Sales)
Article 2A (Leases)
Formation of Sales and Lease Contracts: Offer
Formation of Sales and Lease Contracts: Acceptance
UCC Statute of Frauds
Electronic Sales and Lease Contracts
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
17 TITLE TO GOODS AND RISK OF LOSS
Introduction to Title to Goods and Risk of Loss
Identification of Goods and Passage of Title
Risk of Loss Where There Is No Breach of the Sales Contract
Risk of Loss Where There Is a Breach of the Sales Contract
Risk of Loss In Conditional Sales
Risk of Loss in Lease Contracts
Sale of Goods by Nonowners
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
18 REMEDIES FOR BREACH OF SALES AND LEASE CONTRACTS
Introduction to Remedies for Breach of Sales and Lease Contracts
Seller and Lessor Performance
Buyer and Lessee Performance
Seller and Lessor Remedies
Buyer and Lessee Remedies
Additional Performance Issues
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Case
19 WARRANTIES AND PRODUCT LIABILITY
Introduction to Warranties and Product Liability
Express Warranty
Implied Warranties
Warranty Disclaimers
Product Liability
Negligence
Strict Liability
Product Defects
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part IV: NEGOTIABLE INSTRUMENTS, BANKING, AND ELECTRONIC FINANCIAL TRANSACTIONS
20 CREATION AND TRANSFER OF NEGOTIABLE INSTRUMENTS
Introduction to the Creation and Transfer of Negotiable Instruments
Negotiable Instruments
Types of Negotiable Instruments
Requirements of a Negotiable Instrument
Nonnegotiable Contract
Transfer of a Negotiable Instrument by Negotiation
Transfer of a Negotiable Instrument by Indorsement
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
21 HOLDER IN DUE COURSE AND LIABILITY OF PARTIES
Introduction to Holder In Due Course and Liability of Parties
Holder in Due Course (HDC)
Signature Liability
Forged Indorsements
Warranty Liability
Defenses Against Payment of Negotiable Instruments
Discharge of Liability
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Case
22 BANKING SYSTEM AND ELECTRONIC FINANCIAL TRANSACTIONS
Introduction to the Banking System and Electronic Financial Transactions
The Bank–Customer Relationship
Ordinary Checks
Special Types of Checks
Honoring Checks
Forged Signatures and Altered Checks
The Collection Process
Bank Payment Rules
Electronic Banking and E-Money
Bank Reform
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part V: CREDIT, SECURED TRANSACTIONS, AND BANKRUPTCY
23 CREDIT, REAL PROPERTY FINANCING, AND SECURED TRANSACTIONS
Introduction to Credit, Real Property Financing, and Secured Transactions
Unsecured and Secured Credit
Real Property Financing
Secured Transactions in Personal Property
Perfecting a Security Interest In Personal Property
Surety and Guaranty Arrangements
Collection Remedies
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
24 BANKRUPTCY AND REORGANIZATION
Introduction to Bankruptcy and Reorganization
Bankruptcy Law
Bankruptcy Procedure
Bankruptcy Estate
Chapter 7—Liquidation
Chapter 13 —Adjustment of Debts of an Individual with Regular Income
Chapter 11 —Reorganization
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part VI: BUSINESS ORGANIZATIONS, CORPORATE GOVERNANCE, AND INVESTOR PROTECTION
25 AGENCY LAW
Introduction to Agency Law
Employment and Agency Relationships
Formation of an Agency
Principal’s Duties
Agent’s Duties
Tort Liability of Principals and Agents
Contract Liability of Principals and Agents
Independent Contractor
Termination of an Agency
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
26 SMALL BUSINESS, ENTREPRENEURSHIP, AND PARTNERSHIPS
Introduction to Small Business, Entrepreneurship, and Partnerships
Entrepreneurship
Sole Proprietorship
General Partnership
Liability of General Partners of a General Partnership
Limited Partnership
Liability of General and Limited Partners of a Limited Partnership
Limited Liability Limited Partnership
Dissolution of General and Limited Partnerships
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
27 CORPORATE FORMATION AND FINANCING
Introduction to Corporate Formation and Financing
Nature of a Corporation
Classifications of Corporations
Incorporation Procedure
Financing the Corporation: Equity Securities
Financing the Corporation: Debt Securities
Dissolution and Termination of Corporations
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Note
28 CORPORATE GOVERNANCE AND SARBANES-OXLEY ACT
Introduction to Corporate Governance and Sarbanes-Oxley Act
Shareholders
Board of Directors
Corporate Officers
Duty of Obedience
Duty of Care
Duty of Loyalty
Sarbanes-Oxley Act
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
29 CORPORATE ACQUISITIONS AND MULTINATIONAL CORPORATIONS
Introduction to Corporate Acquisitions and Multinational Corporations
Proxy Solicitation and Proxy Contests
Shareholder Resolution
Mergers and Acquisitions
Tender Offer
State Antitakeover Statutes
Multinational Corporations
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
30 LIMITED LIABILITY COMPANIES AND LIMITED LIABILITY PARTNERSHIPS
Introduction to Limited Liability Companies and Limited Liability Partnerships
Limited Liability Company (LLC)
Formation of an LIC
Limited Liability of members of an LLC
Management of an LLC
Fiduciary Duties of Members of an LLC
Dissolution of an LLC
Limited Liability Partnership (LLP)
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
31 FRANCHISE AND SPECIAL FORMS OF BUSINESS
Introduction to Franchise and special Forms of Business
Franchise
Franchise Disclosure Laws
Franchise Agreement
Liability of Franchisor and Franchisee
Apparent Agency
Termination of a Franchise
Licensing
Joint Venture
Strategic Alliance
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
32 INVESTOR PROTECTION, E-SECURITIES, AND WALL STREET REFORM
Introduction to Investor Protection, E-Securities, and Wall Street Reform
Securities Law
Definition of Security
Initial Public Offering: Securities Act of 1933
E-Securities Transactions
Edgar
Exempt Securities
Exempt Transactions
Sarbanes-Oxley Act
Trading in Securities: Securities Exchange Act of 1934
Insider Trading
Short-Swing Profits
Dodd-Frank Wall Street Reform and Consumer Protection Act
State “Blue-Sky” Laws
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part VII: GOVERNMENT REGULATION AND EMPLOYMENT LAW
33 ANTITRUST LAW AND UNFAIR TRADE PRACTICES
Introduction to Antitrust Law and Unfair Trade Practices
Federal Antitrust Law
Section 1 of The Sherman Act: Restraints of Trade
Section 2 of the Sherman Act: Monopolization
Section 7 of The Clayton Act: Mergers
Section 3 of The Clayton Act: Tying Arrangements
Section 2 of the Clayton Act: Price Discrimination
Federal Trade Commission Act
Exemptions from Antitrust Law
State Antitrust Laws
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Case
Notes
34 CONSUMER SAFETY AND ENVIRONMENTAL PROTECTION
Introduction to Consumer Safety and Environmental Protection
Food Safety
Food, Drugs, and Cosmetics Safety
Product and Automobile Safety
Medical and Health Care Protection
Unfair and Deceptive Practices
Consumer Financial Protection
Environmental Protection
Air Pollution
Water Pollution
Toxic Substances and Hazardous Wastes
Endangered Species
State Environmental Protection Laws
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
35 LABOR, WORKER PROTECTION, AND IMMIGRATION LAWS
Introduction to Labor, Worker Protection, and Immigration Laws
Workers’ Compensation
Occupational Safety
Fair Labor Standards Act
Family and Medical Leave Act
Labor Law
Collective Bargaining
Strikes and Picketing
Immigration Law and Employment
Cobra and Erisa
Government Programs
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
36 EQUAL OPPORTUNITY IN EMPLOYMENT
Introduction to Equal Opportunity in Employment
Equal Employment Opportunity Commission (EEOC)
Title VII of the Civil Rights Act of 1964
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Harassment
Religious Discrimination
Defenses to a Title VII Action
Equal Pay Act
Age Discrimination
Physically Challenged Person Discrimination
Genetic Information Discrimination
Protection from Retaliation
Affirmative Action
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part VIII: PROPERTY, INSURANCE, AND ESTATES
37 PERSONAL PROPERTY, BAILMENT, AND INSURANCE
Introduction to Personal Property, Bailment, and Insurance
Personal Property
Ownership of Personal Property
Mislaid, Lost, and Abandoned Personal Property
Bailment
Insurance
Types of Insurance
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
38 REAL PROPERTY, LANDLORD–TENANT LAW, AND LAND USE REGULATION
Introduction to Real Property, Landlord–Tenant Law, and Land Use Regulation
Real Property
Estates in Land
Concurrent Ownership
Future Interests
Transfer of Ownership of Real Property
Easements
Landlord–Tenant Law
Government Regulation of Real Property
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Case
Notes
39 FAMILY LAW, WILLS, AND TRUSTS
Introduction to Family Law, Wills, and Trusts
Marriage
Termination of a Marriage
Division of Assets upon Divorce or Annulment
Spousal and Child Support
Will
Intestate Succession
Irrevocable Trusts
Living Trust
Undue Influence
Living Will and Health Care Directive
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Case
Notes
Part IX: ACCOUNTING PROFESSION
40 ACCOUNTANTS’ DUTIES AND LIABILITY
Introduction to Accountants’ Duties and Liability
Public Accounting
Accounting Standards and Principles
Accountants’ Liability to Their Clients
Accountants’ Liability to Third Parties
Securities Law Violations
Criminal Liability of Accountants
Sarbanes-Oxley Act
Accountants’ Privilege and Work Papers
Key Terms and Concepts
Critical Legal Thinking Cases
Ethics Cases
Notes
Part X: GLOBAL ENVIRONMENT
41 INTERNATIONAL AND WORLD TRADE LAW
Introduction to International and World Trade Law
The United States and Foreign Affairs
United Nations
European Union (EU)
North American Free Trade Agreement (NAFTA)
Association of Southeast Asian Nations (ASEAN)
Other Regional Organizations
World Trade Organization (WTO)
National Courts and International Dispute Resolution
International Religious Laws
Key Terms and Concepts
Critical Legal Thinking Cases

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