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Business Law I Essentials

Index

Business Law I EssentialsIndex
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Table of contents
  1. Preface
  2. 1 American Law, Legal Reasoning, and the Legal System
    1. Introduction
    2. 1.1 Basic American Legal Principles
    3. 1.2 Sources and Types of Law
    4. 1.3 Important Business Laws and Regulations
    5. Assessment Questions
    6. Endnotes
  3. 2 Disputes and Dispute Settlement
    1. Introduction
    2. 2.1 Negotiation
    3. 2.2 Mediation
    4. 2.3 Arbitration
    5. Assessment Questions
    6. Endnotes
  4. 3 Business Ethics and Social Responsibility
    1. Introduction
    2. 3.1 Business Ethics
    3. 3.2 Social Responsibility
    4. Assessment Questions
    5. Endnotes
  5. 4 Business and the United States Constitution
    1. Introduction
    2. 4.1 Commerce Clause
    3. 4.2 Constitutional Protections
    4. Assessment Questions
    5. Endnotes
  6. 5 Criminal Liability
    1. Introduction
    2. 5.1 Common Business Crimes
    3. 5.2 Civil vs. Criminal Liability
    4. Assessment Questions
    5. Endnotes
  7. 6 The Tort System
    1. Introduction
    2. 6.1 Intentional Torts and Negligence
    3. 6.2 Product and Strict Liability
    4. Assessment Questions
    5. Endnotes
  8. 7 Contract Law
    1. Introduction
    2. 7.1 Agreement, Consideration, and Promissory Estoppel
    3. 7.2 Capacity and Legality
    4. 7.3 Breach of Contract and Remedies
    5. Assessment Questions
    6. Endnotes
  9. 8 Sales Contracts
    1. Introduction
    2. 8.1 The Nature and Origins of Sales Contracts
    3. 8.2 Warranties and Sales Contracts
    4. Assessment Questions
    5. Endnotes
  10. 9 Employment and Labor Law
    1. Introduction
    2. 9.1 Employment, Worker Protection, and Immigration Law
    3. 9.2 Labor Law
    4. 9.3 Equal Opportunity in Employment
    5. Assessment Questions
    6. Endnotes
  11. 10 Government Regulation
    1. Introduction
    2. 10.1 Administrative Law
    3. 10.2 Regulatory Agencies
    4. Assessment Questions
    5. Endnotes
  12. 11 Antitrust Law
    1. Introduction
    2. 11.1 History of Antitrust Law
    3. 11.2 Antitrust Laws
    4. Assessment Questions
    5. Endnotes
  13. 12 Unfair Trade Practices and the Federal Trade Commission
    1. Introduction
    2. 12.1 Unfair Trade Practices
    3. 12.2 The Federal Trade Commission
    4. Assessment Questions
    5. Endnotes
  14. 13 International Law
    1. Introduction
    2. 13.1 Introduction to International Law
    3. 13.2 Sources and Practice of International Law
    4. Assessment Questions
    5. Endnotes
  15. 14 Securities Regulation
    1. Introduction
    2. 14.1 Liability Under the Securities Act
    3. 14.2 The Framework of Securities Regulation
    4. Assessment Questions
    5. Endnotes
  16. Answer Key
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
    6. Chapter 6
    7. Chapter 7
    8. Chapter 8
    9. Chapter 9
    10. Chapter 10
    11. Chapter 11
    12. Chapter 12
    13. Chapter 13
    14. Chapter 14
  17. Index
A
abnormally dangerous activity standard 6.2 Product and Strict Liability
Acceptance 8.1 The Nature and Origins of Sales Contracts
Act of State Doctrine 13.2 Sources and Practice of International Law
actus reus 5.2 Civil vs. Criminal Liability, 5.2 Civil vs. Criminal Liability
Administrative law 10.1 Administrative Law
Administrative Procedure Act (APA) 10.2 Regulatory Agencies
ADR 2.1 Negotiation
affirmative defenses 9.3 Equal Opportunity in Employment
agency shop 9.2 Labor Law
alternative dispute resolution 2.1 Negotiation
Ancillary restraint 11.1 History of Antitrust Law
Antitrust laws 5.1 Common Business Crimes, 10.2 Regulatory Agencies, 11.1 History of Antitrust Law
appropriate bargaining unit. 9.2 Labor Law
arbitrator 2.3 Arbitration
arraignment 5.2 Civil vs. Criminal Liability
Assault 6.1 Intentional Torts and Negligence
Assumption of risk 6.2 Product and Strict Liability
at-will employment 9.1 Employment, Worker Protection, and Immigration Law
attractive nuisance 6.2 Product and Strict Liability
audited 14.1 Liability Under the Securities Act
Avoiding 2.1 Negotiation
award 2.3 Arbitration
B
bare bones 2.3 Arbitration
baseball arbitration 2.3 Arbitration
BBC News. 13 Endnotes
beneficial owner 14.1 Liability Under the Securities Act
Bilateral 8.1 The Nature and Origins of Sales Contracts
binding arbitration 2.3 Arbitration
blue sky laws 14.2 The Framework of Securities Regulation
breach 8.2 Warranties and Sales Contracts
breadlines 14.2 The Framework of Securities Regulation
Bribery 5.1 Common Business Crimes
Brooklyn Journal of International Law, 39 13 Endnotes
Business law: Texts and cases 13 Endnotes
Business Transactions 2.3 Arbitration
business trusts 11.1 History of Antitrust Law
C
California Law Review 14.2 The Framework of Securities Regulation
capacity 7.2 Capacity and Legality
Carter v. Carter Coal Co 4.1 Commerce Clause
case law 1.1 Basic American Legal Principles, 1.2 Sources and Types of Law
categorical imperative 2.2 Mediation
cause of action 6.1 Intentional Torts and Negligence
Central Hudson Test for Commercial Speech. 4.2 Constitutional Protections
Chad A. Kelley v. Marsha P. Ryan, Administrator, Ohio Bureau of Workers’ Compensation, and Coca-Cola Enterprises 9.1 Employment, Worker Protection, and Immigration Law
channels 4.1 Commerce Clause
Chaplinsky v. New Hampshire 4.2 Constitutional Protections
child labor 9.1 Employment, Worker Protection, and Immigration Law
Citizens United v. Federal Election Commission 1.3 Important Business Laws and Regulations
civil 14.1 Liability Under the Securities Act
Civil law systems 13.2 Sources and Practice of International Law
civil laws 5.2 Civil vs. Criminal Liability
civil matter 2.3 Arbitration
class action lawsuit 2.3 Arbitration
closed shop 9.2 Labor Law
Closure 2.2 Mediation
Collaborating 2.1 Negotiation
Collective action 13.2 Sources and Practice of International Law
collective bargaining agreement. 9.2 Labor Law
commerce clause 4.1 Commerce Clause
commercial reasonableness. 8.2 Warranties and Sales Contracts
Commercial Speech. 4.2 Constitutional Protections
Common law systems 13.2 Sources and Practice of International Law
common-carrier delivery contract 8.1 The Nature and Origins of Sales Contracts
Commutative 8.1 The Nature and Origins of Sales Contracts
Company credibility lost. 3.1 Business Ethics
comparative negligence 6.2 Product and Strict Liability
compensatory 5.2 Civil vs. Criminal Liability
Compromising 2.1 Negotiation
conditional sales contract 8.1 The Nature and Origins of Sales Contracts
Confidentiality 2.2 Mediation
Consensual 8.1 The Nature and Origins of Sales Contracts
Consent election. 9.2 Labor Law
Consequentialist 2.2 Mediation
Consistency of efforts and partnerships. 3.2 Social Responsibility
consistent 8.2 Warranties and Sales Contracts
Consumer influence. 3.2 Social Responsibility
Contest election 9.2 Labor Law
Contracting for success 3.2 Social Responsibility
Contracts 7 Endnotes
contributory negligence 6.2 Product and Strict Liability
Control 2.2 Mediation
Corporate insiders 14.1 Liability Under the Securities Act
Corporate Political Speech. 4.2 Constitutional Protections
Corporate Responsibility of the Businessman 3.2 Social Responsibility
Creativity 2.2 Mediation
crime 2.3 Arbitration
criminal 14.1 Liability Under the Securities Act
Criminal law 5.2 Civil vs. Criminal Liability
criminal matter 2.3 Arbitration
cross state lines 4.1 Commerce Clause
crowdfunding 14.2 The Framework of Securities Regulation
Crown Castle Inc. et al. v. Fred Nudd Corporation et al. 8.1 The Nature and Origins of Sales Contracts
cumulative 8.2 Warranties and Sales Contracts
D
decertification election 9.2 Labor Law
Defamation 6.1 Intentional Torts and Negligence
defendant 2.2 Mediation, 6.1 Intentional Torts and Negligence
delegation 10.2 Regulatory Agencies
deontologist ethics 2.2 Mediation
destination contract 8.1 The Nature and Origins of Sales Contracts
directives 10.2 Regulatory Agencies
Disparate impact 9.3 Equal Opportunity in Employment
Disparate treatment 9.3 Equal Opportunity in Employment
dissolution 11.2 Antitrust Laws
distributive 2.1 Negotiation
divestiture 11.2 Antitrust Laws
doctrine of sovereign immunity 13.1 Introduction to International Law
Doctrine of Sovereign Immunity 13.2 Sources and Practice of International Law
dormant commerce clause 4.1 Commerce Clause
due process clause 4.2 Constitutional Protections
duty of care 6.1 Intentional Torts and Negligence
duty to aid 6.1 Intentional Torts and Negligence
dyadic negotiation 2.1 Negotiation
E
e-mediation 2.2 Mediation
embezzlement 5.1 Common Business Crimes
Employment Discrimination Law, Visions of Equality in Theory and Doctrine 9 Endnotes
encumbrance 8.1 The Nature and Origins of Sales Contracts
Enhanced performance for going green. 3.2 Social Responsibility
entrusts 8.1 The Nature and Origins of Sales Contracts
ethics 2.2 Mediation
European Union (EU) 13.1 Introduction to International Law
exclusive remedy 9.1 Employment, Worker Protection, and Immigration Law
Executive compensation rates during employee layoffs. 3.1 Business Ethics
express warranty 8.2 Warranties and Sales Contracts
extraordinary ability 9.1 Employment, Worker Protection, and Immigration Law
F
Fair compensation for employees. 3.1 Business Ethics
fault 6.1 Intentional Torts and Negligence
Federal and state constitutions 4.1 Commerce Clause
Federal Arbitration Act 2.1 Negotiation
federalism 4.1 Commerce Clause
fiduciary 14.1 Liability Under the Securities Act
firm offers 8.1 The Nature and Origins of Sales Contracts
First National Bank of Boston v. Bellotti 4.2 Constitutional Protections
forced-arbitration clauses 2.3 Arbitration
Forcing 2.1 Negotiation
Foreign Commerce Clause 13.1 Introduction to International Law
Foreign Sovereign Immunities Act of 1976 13.1 Introduction to International Law
foreseeability 6.1 Intentional Torts and Negligence
foreseeable probability of harm 6.1 Intentional Torts and Negligence
Form 10-K 14.1 Liability Under the Securities Act
Form 10-Q 14.1 Liability Under the Securities Act
Form 8-K 14.1 Liability Under the Securities Act, 14.1 Liability Under the Securities Act
Fraud 5.1 Common Business Crimes
free exercise clause 4.2 Constitutional Protections
G
Garnishment 2.3 Arbitration
General Assembly 13.1 Introduction to International Law
Good faith 8.2 Warranties and Sales Contracts
Good title 8.1 The Nature and Origins of Sales Contracts
Goods 8.1 The Nature and Origins of Sales Contracts
goods-in-bailment contract 8.1 The Nature and Origins of Sales Contracts
grant of authority 4.1 Commerce Clause
grievance arbitration 2.3 Arbitration
Griggs v. Duke Power Co. 9.3 Equal Opportunity in Employment
group negotiation 2.1 Negotiation
H
harm 6.1 Intentional Torts and Negligence
hostile work environment 9.3 Equal Opportunity in Employment
Houston Chronicle 3.1 Business Ethics
Hudson Gas & Electric Corp v. Public Service Commission of New York 4.2 Constitutional Protections, 4.2 Constitutional Protections
I
illusory 8.1 The Nature and Origins of Sales Contracts
implies 8.2 Warranties and Sales Contracts
Improved perception by investors. 3.2 Social Responsibility
inaccessibility exception, 9.2 Labor Law
industrialization 10.1 Administrative Law
information 5.2 Civil vs. Criminal Liability
initial 14.2 The Framework of Securities Regulation
initial public offering (IPO) 14.2 The Framework of Securities Regulation
insider trading 14.1 Liability Under the Securities Act
institutional investors 14.1 Liability Under the Securities Act
instrumentalities 4.1 Commerce Clause
Insurable interest 8.1 The Nature and Origins of Sales Contracts
integrative 2.1 Negotiation
Intentional torts 6.1 Intentional Torts and Negligence
Interest arbitration 2.3 Arbitration
International law 13.1 Introduction to International Law
interstate 5.1 Common Business Crimes
intrastate 5.1 Common Business Crimes
Invasion of privacy 6.1 Intentional Torts and Negligence
involuntary arbitration 2.3 Arbitration
J
Joint Discussion 2.2 Mediation
Joint Negotiation 2.2 Mediation
just compensation 4.2 Constitutional Protections
L
Labor 2.3 Arbitration
Labor relations 9.2 Labor Law
Labor: Studies in Working-Class History 9 Endnotes
laissez-faire 14.2 The Framework of Securities Regulation
Larceny 5.1 Common Business Crimes
Lawrence v. Texas 5.2 Civil vs. Criminal Liability
Legal considerations. 3.1 Business Ethics
Libel 6.1 Intentional Torts and Negligence
Liebeck v. McDonald’s 5.2 Civil vs. Criminal Liability
Liens 2.3 Arbitration
litigation 2.1 Negotiation
local unions 9.2 Labor Law
loss 8.1 The Nature and Origins of Sales Contracts
M
Malicious prosecution 6.1 Intentional Torts and Negligence
malpractice 5.2 Civil vs. Criminal Liability
management discussion 14.1 Liability Under the Securities Act
material nonpublic information 14.1 Liability Under the Securities Act
Mediation 2.2 Mediation
mediator 2.2 Mediation
Mediator’s Opening Statement 2.2 Mediation
mens rea 5.2 Civil vs. Criminal Liability, 5.2 Civil vs. Criminal Liability
merchants 8.1 The Nature and Origins of Sales Contracts
Miranda v. Arizona 5.2 Civil vs. Criminal Liability
mirror-image rule 8.1 The Nature and Origins of Sales Contracts
misuse 6.2 Product and Strict Liability
mixed sale 8.1 The Nature and Origins of Sales Contracts
Money laundering 5.1 Common Business Crimes
monopolies 5.1 Common Business Crimes
N
Naked restraint 11.1 History of Antitrust Law
National Labor Relations Act 9.2 Labor Law
Negative employee relations. 3.1 Business Ethics
Negligence 6.1 Intentional Torts and Negligence
negotiable 8.1 The Nature and Origins of Sales Contracts
negotiation 2.1 Negotiation
NLRB v. Jones & Laughlin Steel Corp 4.1 Commerce Clause, 4.1 Commerce Clause, 4.1 Commerce Clause
Nominate 8.1 The Nature and Origins of Sales Contracts
non-binding arbitration 2.3 Arbitration
non-negotiable 8.1 The Nature and Origins of Sales Contracts
O
Occupational Safety and Health Act 9.1 Employment, Worker Protection, and Immigration Law
Occupational Safety and Health Administration 9.1 Employment, Worker Protection, and Immigration Law
offender 6.1 Intentional Torts and Negligence
offer 8.1 The Nature and Origins of Sales Contracts
Oncale v. Sundowner Offshore Services Inc. 9.3 Equal Opportunity in Employment
Onerous 8.1 The Nature and Origins of Sales Contracts
Opening Statements of Plaintiff and Defendant 2.2 Mediation
organic statute 10.1 Administrative Law
Organic statutes 10.1 Administrative Law
Organization Behavior and Human Decision Processes 2.1 Negotiation
Outcome goals 2.1 Negotiation
output contracts 8.1 The Nature and Origins of Sales Contracts
Ownership 8.1 The Nature and Origins of Sales Contracts
P
pervasive-regulation exception, 4.2 Constitutional Protections
plaintiff 2.2 Mediation, 6.1 Intentional Torts and Negligence
police power 4.1 Commerce Clause, 4.1 Commerce Clause
Ponzi schemes 5.1 Common Business Crimes
Poor company reputation. 3.1 Business Ethics
pre-arranged trading plans 14.1 Liability Under the Securities Act
precedent 1.1 Basic American Legal Principles, 1.2 Sources and Types of Law, 11.2 Antitrust Laws
preempted 4.1 Commerce Clause
Pregnancy Discrimination Act 9.3 Equal Opportunity in Employment
prima facie 9.3 Equal Opportunity in Employment, 11.2 Antitrust Laws
primary market 14.2 The Framework of Securities Regulation
Principal 8.1 The Nature and Origins of Sales Contracts
Principle of Comity 13.2 Sources and Practice of International Law
Private Caucus 2.2 Mediation
privilege against self-incrimination 4.2 Constitutional Protections
probable cause 4.2 Constitutional Protections
Procedural due process 4.2 Constitutional Protections
Professional behaviors. 3.1 Business Ethics
Property Disputes 2.3 Arbitration
Proxy Statements 14.1 Liability Under the Securities Act
public law 10.1 Administrative Law
pump-and-dump 5.1 Common Business Crimes
Q
quantity 8.1 The Nature and Origins of Sales Contracts
Quid pro quo 9.3 Equal Opportunity in Employment
R
Racketeering 5.1 Common Business Crimes
rational-basis test. 4.2 Constitutional Protections
Realty 8.1 The Nature and Origins of Sales Contracts
reasonable person 6.1 Intentional Torts and Negligence
reasonable standard of care 6.1 Intentional Torts and Negligence
reasonableness test of reliance 8.2 Warranties and Sales Contracts
reasonably foreseeable 6.1 Intentional Torts and Negligence
reasoned 2.3 Arbitration
Reciprocity 13.2 Sources and Practice of International Law
Recruitment and retention problems. 3.1 Business Ethics
regulatory 10.1 Administrative Law
Regulatory ethics. 3.1 Business Ethics
Relational goals 2.1 Negotiation
remedies 6.1 Intentional Torts and Negligence
reporting companies 14.1 Liability Under the Securities Act
requirements contracts 8.1 The Nature and Origins of Sales Contracts
res ipsa loquitor 6.2 Product and Strict Liability
restraint of trade 11.1 History of Antitrust Law
rule of reason 11.1 History of Antitrust Law
S
Safe harbor 14.1 Liability Under the Securities Act
sales contracts 8.1 The Nature and Origins of Sales Contracts
search warrants 4.2 Constitutional Protections
Secondary boycott picketing 9.2 Labor Law
secondary markets 14.2 The Framework of Securities Regulation
Securities and Exchange Commission (SEC) 14.2 The Framework of Securities Regulation
Security Council 13.1 Introduction to International Law
self-regulatory organizations (SROs) 14.2 The Framework of Securities Regulation
Services 8.1 The Nature and Origins of Sales Contracts
Sexual harassment 9.3 Equal Opportunity in Employment
Shaming 13.2 Sources and Practice of International Law
shanty towns 14.2 The Framework of Securities Regulation
shipment contract 8.1 The Nature and Origins of Sales Contracts
sideways 14.2 The Framework of Securities Regulation
simple delivery contract 8.1 The Nature and Origins of Sales Contracts
Slander 6.1 Intentional Torts and Negligence
Social Security 9.1 Employment, Worker Protection, and Immigration Law
sovereignty 13.1 Introduction to International Law
spam 5.1 Common Business Crimes
special relationship 6.1 Intentional Torts and Negligence
State v. Wayfair Inc. 1.2 Sources and Types of Law
statutes 6.1 Intentional Torts and Negligence
strict liability 6.2 Product and Strict Liability
strike 9.2 Labor Law
substantial impact 4.1 Commerce Clause
Substantive due process 4.2 Constitutional Protections
supremacy clause 4.1 Commerce Clause
T
takings clause. 4.2 Constitutional Protections
Talent attraction. 3.2 Social Responsibility
tender of delivery 8.1 The Nature and Origins of Sales Contracts
The benevolent halo effect. 3.2 Social Responsibility
The legal environment of business: Texts and cases 13 Endnotes
Thomas-Kilmann Conflict Mode Instrument (TKI) 2.1 Negotiation
Title 8.1 The Nature and Origins of Sales Contracts
Tort law 6.1 Intentional Torts and Negligence
tortfeasor 6.1 Intentional Torts and Negligence
torts 6.1 Intentional Torts and Negligence
trade fixtures 8.1 The Nature and Origins of Sales Contracts
trade unions 9.2 Labor Law
transparency 14.2 The Framework of Securities Regulation
Treaty Clause 13.1 Introduction to International Law
Trinity Economic Papers, 13 Endnotes
U
UCC 8.1 The Nature and Origins of Sales Contracts
UN Conference on Trade and Development News. 13 Endnotes
unaudited 14.1 Liability Under the Securities Act
unconscionable 8.1 The Nature and Origins of Sales Contracts
Uniform Arbitration Act 2.1 Negotiation
Uniform Commercial Code 8.1 The Nature and Origins of Sales Contracts
union security agreement. 9.2 Labor Law
union shop 9.2 Labor Law
United Nations (UN) 13.1 Introduction to International Law
United Nations Convention on Contracts for the International Sale of Goods 8.1 The Nature and Origins of Sales Contracts
United Nations Convention on Contracts for the International Sale of Goods (CISG) 13.2 Sources and Practice of International Law
United States Constitution 4.1 Commerce Clause
United States v. Lopez 4.1 Commerce Clause
Unprotected Speech. 4.2 Constitutional Protections
V
Value-based ethics. 3.1 Business Ethics
vendee 8.1 The Nature and Origins of Sales Contracts
vendor 8.1 The Nature and Origins of Sales Contracts
vesting 9.1 Employment, Worker Protection, and Immigration Law
Void title 8.1 The Nature and Origins of Sales Contracts
voidable 7.2 Capacity and Legality
Voidable title 8.1 The Nature and Origins of Sales Contracts
voluntary arbitration 2.3 Arbitration
W
warranty 8.2 Warranties and Sales Contracts
warranty against infringement. 8.2 Warranties and Sales Contracts
warranty of fitness for normal use 8.2 Warranties and Sales Contracts
warranty of merchantability 8.2 Warranties and Sales Contracts
White collar crimes 5.1 Common Business Crimes
whole 5.2 Civil vs. Criminal Liability
Workers’ Compensation Acts 9.1 Employment, Worker Protection, and Immigration Law
Workers’ Compensation Agency 9.1 Employment, Worker Protection, and Immigration Law
Writ of Execution 2.3 Arbitration
Y
yellow-dog contracts 9.2 Labor Law
Yielding 2.1 Negotiation
Z
zero-sum negotiation 2.1 Negotiation
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