Business Law: Text and Cases: Legal, Ethical, Global, and Corporate Environment (COMPLETE TESTBANK)

UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS CHAPTER 1: Introduction to Law and Legal Reasoning SECTION 1: BUSINESS ACTIVITIES AND THE LEGAL ENVIRONMENT SECTION 2: SOURCES OF AMERICAN LAW SECTION 3: THE COMMON LAW TRADITION SECTION 4: SCHOOLS OF JURISPRUDENTIAL THOUGHT SECTION 5: CLASSIFICATIONS OF LAW SECTION 6: HOW TO FIND PRIMARY SOURCES OF LAW SECTION 7: HOW TO READ AND UNDERSTAND CASE LAW TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 2: Courts and Alternative Dispute Resolution SECTION 1: THE JUDICIARY’S ROLE IN AMERICAN GOVERNMENT SECTION 2: BASIC JUDICIAL REQUIREMENTS SECTION 3: THE STATE AND FEDERAL COURT SYSTEMS SECTION 4: ALTERNATIVE DISPUTE RESOLUTION SECTION 5: INTERNATIONAL DISPUTE RESOLUTION TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 3: Court Procedures SECTION 1: PROCEDURAL RULES SECTION 2: PRETRIAL PROCEDURES SECTION 3: THE TRIAL SECTION 4: POSTTRIAL MOTIONS SECTION 5: THE APPEAL SECTION 6: ENFORCING THE JUDGMENT TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 4: Constitutional Authority to Regulate Business SECTION 1: THE CONSTITUTIONAL POWERS OF GOVERNMENT SECTION 2: BUSINESS AND THE BILL OF RIGHTS SECTION 3: DUE PROCESS AND EQUAL PROTECTION SECTION 4: PRIVACY RIGHTS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 5: Ethics and Business Decision Making SECTION 1: BUSINESS ETHICS SECTION 2: ETHICAL TRANSGRESSIONS BY FINANCIAL INSTITUTIONS SECTION 3: APPROACHES TO ETHICAL REASONING SECTION 4: MAKING ETHICAL BUSINESS DECISIONS SECTION 5: PRACTICAL SOLUTIONS TO CORPORATE ETHICS QUESTIONS SECTION 6: BUSINESS ETHICS ON A GLOBAL LEVEL TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT TWO: TORTS AND CRIMES CHAPTER 6: Intentional Torts and Privacy SECTION 1: THE BASIS OF TORT LAW SECTION 2: INTENTIONAL TORTS AGAINST PERSONS SECTION 3: BUSINESS TORTS SECTION 4: INTENTIONAL TORTS AGAINST PROPERTY SECTION 5: CYBER TORTS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 7: Negligence and Strict Liability SECTION 1: NEGLIGENCE SECTION 2: DEFENSES TO NEGLIGENCE SECTION 3: SPECIAL NEGLIGENCE DOCTRINES AND STATUTES SECTION 4: STRICT LIABILITY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 8: Intellectual Property and Internet Law SECTION 1: TRADEMARKS AND RELATED PROPERTY SECTION 2: CYBER MARKS SECTION 3: PATENTS SECTION 4: COPYRIGHTS SECTION 5: COPYRIGHTS IN DIGITAL INFORMATION SECTION 6: TRADE SECRETS SECTION 7: INTERNATIONAL PROTECTION FOR INTELLECTUAL PROPERTY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 9: Criminal Law and Cyber Crime SECTION 1: CIVIL LAW AND CRIMINAL LAW SECTION 2: CRIMINAL LIABILITY SECTION 3: TYPES OF CRIMES SECTION 4: DEFENSES TO CRIMINAL LIABILITY SECTION 5: CRIMINAL PROCEDURES SECTION 6: CYBER CRIME TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT THREE: CONTRACTS AND E-CONTRACTS CHAPTER 10: Nature and Terminology SECTION 1: AN OVERVIEW OF CONTRACT LAW SECTION 2: ELEMENTS OF A CONTRACT SECTION 3: TYPES OF CONTRACTS SECTION 4: QUASI CONTRACTS SECTION 5: INTERPRETATION OF CONTRACTS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 11: Agreement in Traditional and E-Contracts SECTION 1: AGREEMENT SECTION 2: AGREEMENT IN E-CONTRACTS SECTION 3: THE UNIFORM ELECTRONIC TRANSACTIONS ACT SECTION 4: INTERNATIONAL TREATIES AFFECTING E-CONTRACTS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 12: Consideration SECTION 1: ELEMENTS OF CONSIDERATION SECTION 2: ADEQUACY OF CONSIDERATION SECTION 3: AGREEMENTS THAT LACK CONSIDERATION SECTION 4: SETTLEMENT OF CLAIMS SECTION 5: EXCEPTIONS TO THE CONSIDERATION REQUIREMENT TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 13: Capacity and Legality SECTION 1: CONTRACTUAL CAPACITY SECTION 2: LEGALITY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 14: Mistakes, Fraud, and Voluntary Consent SECTION 1: MISTAKES SECTION 2: FRAUDULENT MISREPRESENTATION SECTION 3: UNDUE INFLUENCE SECTION 4: DURESS SECTION 5: ADHESION CONTRACTS AND UNCONSCIONABILITY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 15: The Statute of Frauds-Writing Requirement and Electronic Records SECTION 1: THE ORIGINS OF THE STATUTE OF FRAUDS SECTION 2: CONTRACTS THAT FALL WITHIN THE STATUTE OF FRAUDS SECTION 3: SUFFICIENCY OF THE WRITING SECTION 4: THE PAROL EVIDENCE RULE SECTION 5: THE STATUTE OF FRAUDS IN THE INTERNATIONAL CONTEXT TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 16: Third Party Rights SECTION 1: ASSIGNMENTS AND DELEGATIONS SECTION 2: THIRD PARTY BENEFICIARIES TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 17: Performance and Discharge in Traditional and E-Contracts SECTION 1: CONDITIONS SECTION 2: DISCHARGE BY PERFORMANCE SECTION 3: DISCHARGE BY AGREEMENT SECTION 4: DISCHARGE BY OPERATION OF LAW TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 18: Breach of Contract and Remedies SECTION 1: DAMAGES SECTION 2: EQUITABLE REMEDIES SECTION 3: RECOVERY BASED ON QUASI CONTRACT SECTION 4: ELECTION OF REMEDIES SECTION 5: WAIVER OF BREACH SECTION 6: CONTRACT PROVISIONS LIMITING REMEDIES TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT FOUR: DOMESTIC AND INTERNATIONAL SALES AND LEASE CONTRACTS CHAPTER 19: The Formation of Sales and Lease Contracts SECTION 1: THE UNIFORM COMMERCIAL CODE SECTION 2: THE SCOPE OF ARTICLE 2—THE SALE OF GOODS SECTION 3: THE SCOPE OF ARTICLE 2A—LEASES SECTION 4: THE FORMATION OF SALES AND LEASE CONTRACTS SECTION 5: CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 20: Title, Risk, and Insurable Interest SECTION 1: IDENTIFICATION SECTION 2: WHEN TITLE PASSES SECTION 3: RISK OF LOSS SECTION 4: INSURABLE INTEREST TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 21: Performance and Breach of Sales and Lease Contracts SECTION 1: PERFORMANCE OBLIGATIONS SECTION 2: OBLIGATIONS OF THE SELLER OR LESSOR SECTION 3: OBLIGATIONS OF THE BUYER OR LESSEE SECTION 4: ANTICIPATORY REPUDIATION SECTION 5: REMEDIES OF THE SELLER OR LESSOR SECTION 6: REMEDIES OF THE BUYER OR LESSEE SECTION 7: ADDITIONAL PROVISIONS AFFECTING REMEDIES SECTION 8: DEALING WITH INTERNATIONAL CONTRACTS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 22: Warranties and Product Liability SECTION 1: TYPES OF WARRANTIES SECTION 2: OVERLAPPING WARRANTIES SECTION 3: WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY SECTION 4: PRODUCT LIABILITY SECTION 5: STRICT PRODUCT LIABILITY SECTION 6: DEFENSES TO PRODUCT LIABILITY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 23: International Law in a Global Economy SECTION 1: INTERNATIONAL LAW SECTION 2: DOING BUSINESS INTERNATIONALLY SECTION 3: REGULATION OF SPECIFIC BUSINESS ACTIVITIES SECTION 4: U.S. LAWS IN A GLOBAL CONTEXT TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT FIVE: NEGOTIABLE INSTRUMENTS CHAPTER 24: The Function and Creation of Negotiable Instruments SECTION 1: TYPES OF NEGOTIABLE INSTRUMENTS SECTION 2: REQUIREMENTS FOR NEGOTIABILITY SECTION 3: FACTORS THAT DO NOT AFFECT NEGOTIABILITY TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 25: Transferability and Holder in Due Course SECTION 1: NEGOTIATION SECTION 2: INDORSEMENTS SECTION 3: MISCELLANEOUS INDORSEMENT PROBLEMS SECTION 4: HOLDER IN DUE COURSE (HDC) SECTION 5: HOLDER THROUGH AN HDC TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 26: Liability, Defenses, and Discharge SECTION 1: SIGNATURE LIABILITY SECTION 2: WARRANTY LIABILITY SECTION 3: DEFENSES AND LIMITATIONS SECTION 4: DISCHARGE TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 27: Checks and Banking in the Digital Age SECTION 1: CHECKS SECTION 2: THE BANK-CUSTOMER RELATIONSHIP SECTION 3: THE BANK’S DUTY TO HONOR CHECKS SECTION 4: THE BANK’S DUTY TO ACCEPT DEPOSITS SECTION 5: ELECTRONIC FUND TRANSFERS SECTION 6: E-MONEY AND ONLINE BANKING TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT SIX: CREDITORS' RIGHTS AND BANKRUPTCY CHAPTER 28: Creditors' Rights and Remedies SECTION 1: LAWS ASSISTING CREDITORS SECTION 2: SURETYSHIP AND GUARANTY SECTION 3: PROTECTION FOR DEBTORS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 29: Secured Transactions SECTION 1: THE TERMINOLOGY OF SECURED TRANSACTIONS SECTION 2: CREATION OF A SECURITY INTEREST SECTION 3: PERFECTION OF A SECURITY INTEREST SECTION 4: THE SCOPE OF A SECURITY INTEREST SECTION 5: PRIORITIES SECTION 6: RIGHTS AND DUTIES OF DEBTORS AND CREDITORS SECTION 7: DEFAULT TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 30: Bankruptcy Law SECTION 1: THE BANKRUPTCY CODE SECTION 2: LIQUIDATION PROCEEDINGS SECTION 3: REORGANIZATIONS SECTION 4: BANKRUPTCY RELIEF UNDER CHAPTER 13 AND CHAPTER 12 TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 31: Mortgages and Foreclosures after the Recession SECTION 1: MORTGAGES SECTION 2: REAL ESTATE FINANCING LAW SECTION 3: FORECLOSURES TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS UNIT SEVEN: AGENCY AND EMPLOYMENT CHAPTER 32: Agency Formation and Duties SECTION 1: AGENCY RELATIONSHIPS SECTION 2: FORMATION OF THE AGENCY RELATIONSHIP SECTION 3: DUTIES OF AGENTS AND PRINCIPALS SECTION 4: RIGHTS AND REMEDIES OF AGENTS AND PRINCIPALS TERMS AND CONCEPTS QUESTION AND CASE PROBLEMS CHAPTER 33: Agency Liability and Termination SECTION 1: SCOPE OF AGENT’S AUTHORITY SECTION 2: LIABILITY FOR CONTRACTS SECTION 3: LIABILITY FOR TORTS AND CRIMES SECTION 4: TERMINATION OF AN AGENCY TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 34: Employment, Immigration, and Labor Law SECTION 1: EMPLOYMENT AT WILL SECTION 2: WAGE AND HOUR LAWS SECTION 3: LAYOFFS SECTION 4: FAMILY AND MEDICAL LEAVE SECTION 5: WORKER HEALTH AND SAFETY SECTION 6: INCOME SECURITY SECTION 7: EMPLOYEE PRIVACY RIGHTS SECTION 8: IMMIGRATION LAW SECTION 9: LABOR UNIONS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 35: Employment Discrimination SECTION 1: TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 SECTION 2: DISCRIMINATION BASED ON AGE SECTION 3: DISCRIMINATION BASED ON DISABILITY SECTION 4: DEFENSES TO EMPLOYMENT DISCRIMINATION SECTION 5: AFFIRMATIVE ACTION TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS UNIT EIGHT: BUSINESS ORGANIZATIONS CHAPTER 36: Sole Proprietorships and Franchises SECTION 1: SOLE PROPRIETORSHIPS SECTION 2: FRANCHISES SECTION 3: FRANCHISE TERMINATION TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 37: Partnerships and Limited Liability Partnerships SECTION 1: BASIC PARTNERSHIP CONCEPTS SECTION 2: PARTNERSHIP FORMATION SECTION 3: PARTNERSHIP OPERATION SECTION 4: DISSOCIATION OF A PARTNER SECTION 5: PARTNERSHIP TERMINATION SECTION 6: LIMITED LIABILITY PARTNERSHIPS SECTION 7: LIMITED PARTNERSHIPS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 38: Limited Liability Companies and Special Business Forms SECTION 1: THE LIMITED LIABILITY COMPANY SECTION 2: OPERATION AND MANAGEMENT OF AN LLC SECTION 3: DISSOCIATION AND DISSOLUTION OF AN LLC SECTION 4: SPECIAL BUSINESS FORMS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 39: Corporate Formation and Financing SECTION 1: THE NATURE AND CLASSIFICATION OF CORPORATIONS SECTION 2: CORPORATE FORMATION SECTION 3: CORPORATE POWERS SECTION 4: PIERCING THE CORPORATE VEIL SECTION 5: CORPORATE FINANCING TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 40: Corporate Directors, Officers, and Shareholders SECTION 1: ROLES OF DIRECTORS AND OFFICERS SECTION 2: DUTIES AND LIABILITIES OF DIRECTORS AND OFFICERS SECTION 3: THE ROLE OF SHAREHOLDERS SECTION 4: RIGHTS OF SHAREHOLDERS SECTION 5: LIABILITY OF SHAREHOLDERS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 41: Corporate Merger, Consolidation, and Termination SECTION 1: MERGER, CONSOLIDATION, AND SHARE EXCHANGE SECTION 2: PURCHASE OF ASSETS SECTION 3: PURCHASE OF STOCK SECTION 4: TERMINATION SECTION 5: MAJOR BUSINESS FORMS COMPARED TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 42: Securities Law and Corporate Governance SECTION 1: THE SECURITIES AND EXCHANGE COMMISSION SECTION 2: THE SECURITIES ACT OF 1933 SECTION 3: THE SECURITIES EXCHANGE ACT OF 1934 SECTION 4: STATE SECURITIES LAWS SECTION 5: CORPORATE GOVERNANCE SECTION 6: ONLINE SECURITIES FRAUD TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 43: Law for Small Business SECTION 1: THE IMPORTANCE OF LEGAL COUNSEL SECTION 2: SELECTION OF THE BUSINESS ORGANIZATION SECTION 3: THE LIMITED LIABILITY COMPANY SECTION 4: HOW TO FORM A BUSINESS ENTITY SECTION 5: INTELLECTUAL PROPERTY SECTION 6: FINANCIAL CAPITAL SECTION 7: SHAREHOLDER AGREEMENTS AND KEY-PERSON INSURANCE SECTION 8: CONTRACT LAW AND SMALL BUSINESSES SECTION 9: EMPLOYMENT ISSUES TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS UNIT NINE: GOVERNMENT REGULATION CHAPTER 44: Administrative Law SECTION 1: THE PRACTICAL SIGNIFICANCE OF ADMINISTRATIVE LAW SECTION 2: AGENCY CREATION AND POWERS SECTION 3: THE ADMINISTRATIVE PROCEDURE ACT SECTION 4: JUDICIAL DEFERENCE TO AGENCY DECISIONS SECTION 5: ENFORCEMENT AND ADJUDICATION SECTION 6: PUBLIC ACCOUNTABILITY TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 45: Consumer Law SECTION 1: DECEPTIVE ADVERTISING SECTION 2: LABELING AND PACKAGING LAWS SECTION 3: SALES SECTION 4: CREDIT PROTECTION SECTION 5: CONSUMER HEALTH AND SAFETY TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 46: Environmental Law SECTION 1: COMMON LAW ACTIONS SECTION 2: FEDERAL, STATE, AND LOCAL REGULATIONS SECTION 3: AIR POLLUTION SECTION 4: WATER POLLUTION SECTION 5: TOXIC CHEMICALS SECTION 6: HAZARDOUS WASTES TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 47: Antitrust Law SECTION 1: THE SHERMAN ANTITRUST ACT SECTION 2: SECTION 1: OF THE SHERMAN ACT SECTION 3: SECTION 2: OF THE SHERMAN ACT SECTION 4: THE CLAYTON ACT SECTION 5: ENFORCEMENT AND EXEMPTIONS SECTION 6: U.S. ANTITRUST LAWS IN THE GLOBAL CONTEXT TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 48: Professional Liability and Accountability SECTION 1: POTENTIAL LIABILITY TO CLIENTS SECTION 2: POTENTIAL LIABILITY TO THIRD PARTIES SECTION 3: THE SARBANES-OXLEY ACT OF 2002 SECTION 4: POTENTIAL LIABILITY OF ACCOUNTANTS UNDER SECURITIES LAWS SECTION 5: POTENTIAL CRIMINAL LIABILITY OF ACCOUNTANTS SECTION 6: CONFIDENTIALITY AND PRIVILEGE TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS UNIT TEN: PROPERTY AND ITS PROTECTION CHAPTER 49: Personal Property and Bailments SECTION 1: PERSONAL PROPERTY VERSUS REAL PROPERTY SECTION 2: FIXTURES SECTION 3: ACQUIRING OWNERSHIP OF PERSONAL PROPERTY SECTION 4: MISLAID, LOST, AND ABANDONED PROPERTY SECTION 5: BAILMENTS SECTION 6: ORDINARY BAILMENTS SECTION 7: SPECIAL TYPES OF BAILMENTS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 50: Real Property and Landlord-Tenant Relationships SECTION 1: THE NATURE OF REAL PROPERTY SECTION 2: OWNERSHIP AND OTHER INTERESTS IN REAL PROPERTY SECTION 3: TRANSFER OF OWNERSHIP SECTION 4: LIMITATIONS ON THE RIGHTS OF PROPERTY OWNERS SECTION 5: ZONING AND GOVERNMENT REGULATIONS SECTION 6: LANDLORD-TENANT RELATIONSHIPS TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 51: Insurance SECTION 1: INSURANCE TERMINOLOGY AND CONCEPTS SECTION 2: THE INSURANCE CONTRACT SECTION 3: TYPES OF INSURANCE TERMS AND CONCEPTS QUESTIONS AND CASE PROBLEMS CHAPTER 52: Wills and Trusts SECTION 1: WILLS SECTION 2: INTESTACY LAWS SECTION 3: TRUSTS SECTION 4: OTHER ESTATE-PLANNING ISSUES TERMS AND CONCEPTS QUESTIONS 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 APPENDIX D: The United Nations Convention on Contracts for the International Sale of Goods (Excerpts APPENDIX E: Minnesota Uniform Partnership Act (Excerpts) APPENDIX F: Utah Revised Uniform Limited Partnership Act (Excerpts) APPENDIX G: The Revised Model Business Corporation Act (Excerpts) APPENDIX H: The Sarbanes-Oxley Act of 2002 (Excerpts and Explanatory Comments) APPENDIX I: Sample Answers for End-of-Chapter Questions with Sample Answer Glossary Table of Cases Index