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The Legal Environment of Business By RYAN PACE

The Legal Environment of Business by RYAN PACE

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The Legal Environment of Business by RYAN PACE

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Table of Contents

About the Author

PART I: Introductory Concepts

CHAPTER 1 The United States Constitution and Its Purposes

CHAPTER 2 The Organization of Government
The Legislative Branch of the Federal Government
* Constitutional Provision Establishing the Legislative Branch
* Overview of the Legislative Process
The Executive Branch of the Federal Government
* Constitutional Provision Establishing the Executive Branch
The Judicial Branch of the Federal Government
* Constitutional Provision Establishing the Judicial Branch
State and Local Governments

CHAPTER 3 Law and Ethics
Fundamental Approaches to Ethical Decision-Making
* Formalism
* Consequentialism
* Profits vs. Ethics
* Codes of Conduct

PART II: The Constitution and the Business Environment

CHAPTER 4 The Supremacy Clause, Commerce Clause, and Full Faith and Credit Clause
Supremacy Clause
Commerce Clause
Full Faith and Credit Clause

CHAPTER 5 Freedom of Speech, Freedom of the Press, Free Exercise Clause, and the Establishment Clause a

Freedom of Speech
* Individuals
* Businesses
* Unprotected Speech
Freedom of the Press
Free Exercise Clause and Establishment Clause
* Free Exercise Clause
* Establishment Clause

CHAPTER 6 Privileges and Immunities Clause, Due Process Clause, and Equal Protection Clause
Privileges and Immunities Clause
Due Process Clause
* Procedural Due Process
* Substantive Due Process
Equal Protection Clause
* Strict Scrutiny Test
* Intermediate Scrutiny Test
* Rational Basis Test

PART III: Methods of Resolving Disputes

CHAPTER 7 The Litigation Process
Before the Lawsuit
Parties to the Lawsuit
Standing to Sue
Pretrial Motions
The Trial
* Jury Selection
* Opening Statements
* Presentation of Evidence and Examination of Witnesses
* Closing Statements
* Jury Instructions
* Verdict and Judgment
Posttrial Motions
Other Issues in the Litigation Process
* Burden of Proof
* Enforcing a Judgment

CHAPTER 8 Negotiation, Mediation, and Arbitration

PART IV: Criminal Law

CHAPTER 9 Criminal Law and the Constitution
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment

CHAPTER 10 Criminal Law and Business
Classification of Crimes
* Elements of a Crime
* Rules of Evidence
* Exclusionary Rule
Specific Business Crimes
* Fraud
* Forgery
* Embezzlement
* Insider Trading
* Money Laundering
* Bribery
* Extortion
* Racketeer Influenced and Corrupt Organizations (RICO)
* Obstruction of Justice
* Computer Crimes

PART V: Tort Law

CHAPTER 11 Intentional Torts
Elements of an Intentional Tort
* Assault
* Battery
* False Imprisonment
* Intentional Infliction of Emotional Distress
* Trespass
* Defamation
* Invasion of Right to Privacy
* Fraud
* Interference with Business Relations

CHAPTER 12 Negligent and Strict Liability Torts
Negligent Torts
* Elements of Negligence
* Duty of Care
* Breach of Duty of Care
* Causation
* Damages
* Defenses
Strict Liability Torts
* Product Liability
* Ultrahazardous Activities
* Defenses

PART VI: Property Law

CHAPTER 13 Real Property
Ownership Interests
* Fee Simple
* Life Estate
* Easements
* Leasehold Estate
Landlord-Tenant Relationships
* In General
* Tenant's General Rights and Obligations
* Landlord's Rights and Obligations
* Transfer of Interests in a Lease
Limitations on Property Rights
* Zoning
* Eminent Domain
* Restrictive Covenants
Acquiring Real Property
Transferring and Titling Real Property
* Sales Contracts
* Deeds
* Concurrent Ownership

CHAPTER 14 Personal Property
Acquiring Personal Property
* Purchase, Gift, and Inheritance
* Finders, Keepers?
* Mutual Benefi t Bailments
* Bailments for the Benefi t of the Bailor
* Bailments for the Benefi t of the Bailee

CHAPTER 15 Intellectual Property
Other Intellectual Property

PART VII: Contract Law

CHAPTER 16 Fundamentals of Contract Formation
Fundamentals of Contract Formation
* Offer
* Acceptance
* Consideration
* Capacity
* Legality
Must a Contract Be in Writing?
* Statute of Frauds
* Exceptions to the Statute of Frauds
* Parol Evidence Rule
Third Parties' Rights

CHAPTER 17 Performance and Discharge

CHAPTER 18 Contract Remedies
Monetary Damages
* Compensatory Damages
* Punitive Damages
* Liquidated Damages
Equitable Remedies
* Specific Performance
* Injunctions

CHAPTER 19 Mistakes, Misrepresentation, Duress, and Undue Influence
Duress and Undue Influence

CHAPTER 20 The Uniform Commercial Code: Scope, Contract Formation, and Performance and Breach
Scope of Article 2
Contract Formation
* Offer
* Acceptance
* Consideration
* Statute of Frauds
* Missing Terms
Performance and Breach
* Performance
* Breach

CHAPTER 21 The Uniform Commercial Code: Warranties
Express Warranties
Implied Warranties
* Implied Warranty of Merchantability
* Implied Warranty of Fitness for a Particular Purpose
* Implied Warranty of Title
Limitations on Warranties

PART VIII: Business Entities

CHAPTER 22 Sole Proprietorships and Business Formation Issues in General
Sole Proprietorships
* Formation
* Management and Operation
* Taxation
* Owner Liability
Business Formation Issues in General
* Business Name Availability
* Local Business License
* Employer Identification Number
* Hiring Employees
* Obtaining Capital

CHAPTER 23 Partnerships
General Partnerships
* Formation
* Operation
* Taxation
* Owner Liability
Limited Partnerships
* Formation
* Operation
* Taxation
* Owner Liability
Limited Liability Partnerships
* Formation
* Operation
* Taxation
* Owner Liability

CHAPTER 24 Limited Liability Companies
Owner Liability

CHAPTER 25 Corporations
Owner Liability

CHAPTER 26 Franchises, Joint Ventures, and Nonprofit Corporations
Joint Ventures
Nonprofit Corporations

PART IX: Securities Law and Accounting Regulations

CHAPTER 27 Securities Law: Issuances of Securities
The Securities and Exchange Commission
Definition of "Security"
Registration Process
Exemptions from Registration
* Exempt Transactions
* Exempt Securities
State Securities Laws

CHAPTER 28 Securities Law: Secondary Markets
The Securities Exchange Act of 1934
* Insider Trading
* "Pump" and "Dump" Schemes
Violations of the 1934 Act

CHAPTER 29 Accounting Regulation
Sarbanes-Oxley Act of 2002
* Creation of the Public Company Accounting Oversight Board
* Registration of Public Accounting Firms with the PCAOB
* Conflicts of Interest
* Corporate Responsibility for Financial Reports
Civil Liability of Accountants
* Liability to Clients
* Liability to Third Parties
Criminal Liability of Accountants

PART X: Agency, Employment, and Labor Law

CHAPTER 30 Agency
Formation of a Principal/Agent Relationship
An Agent's Duties to the Principal
A Principal's Duties to the Agent
An Agent's Authority
Liability of Principal and Agent
* Liability of Principal to Third Party
* Liability of Principal to Agent
* Liability of Agent to Third Party
* Liability of Agent to Principal

CHAPTER 31 Employment and Labor Law
Employment Law
* Minimum Wage
* Overtime Pay
* Child Labor
* Workers' Compensation
* Workplace Safety
* Health Insurance and Medical Information
* Family and Medical Leave
* Unemployment Compensation
* Social Security
* Retirement Plans
* Employee Privacy
Labor Law

PART XI: Employment Discrimination

CHAPTER 32 Employment Discrimination Based on Race, Color, National Origin, Gender, and Religion
Title VII of the Civil Rights Act of 1964
* What Constitutes Discrimination?
* Discrimination Based on Gender
* Discrimination Based on Race, Color, National Origin
* Discrimination Based on Religion
Equal Pay Act
An Employer's Defenses to Discrimination Claims
* Business Necessity
* Bona Fide Occupational Qualification
* Seniority System

CHAPTER 33 Employment Discrimination Based on Age and Disability
Age Discrimination
Disability Discrimination
Employer Defenses

PART XII: Rights of Creditors, Secured Transactions, and Bankruptcy Law

CHAPTER 34 Rights of Creditors
Credit in General
Mortgages and Deeds of Trust
Suretyship and Guaranty

CHAPTER 35 Secured Transactions
Perfecting a Security Interest
Foreclosing on a Security Interest

CHAPTER 36 Bankruptcy Law
Bankruptcy Law and the Constitution
Fundamental Terminology and Bankruptcy Procedure
* The Petition
* The Schedules
* Exemptions
* Creditors Meeting and Proofs of Claim
Chapter 7 Bankruptcies
Chapter 11 Bankruptcies
Chapter 13 Bankruptcies

PART XIII: Negotiable Instruments and Banking

CHAPTER 37 Negotiable Instruments and Banking
What Is a Negotiable Instrument?
* Terminology
* Endorsements
* Holder in Due Course
* Unique Issues Related to Honoring Checks
Other Related Banking Issues
* The Federal Reserve System
* Debit Cards and Electronic Banking
* Dodd-Frank Wall Street Reform and Consumer Protection Act

PART XIV: Administrative, Consumer, Environmental, and Antitrust Law

CHAPTER 38 Administrative Law
Administrative Procedure Act
Freedom of Information Act
Privacy Act of 1974

CHAPTER 39 Consumer Protection
Advertising and Sales Practices
* Deceptive Advertising
* Labeling and Packaging
* Door-to-Door Sales, Telemarketing, and Mail Order Sales
Credit and Financial Protection
* Fair Debt Collection Practices Act
* Truth in Lending Act
* Fair Credit Reporting Act
* Equal Credit Opportunity Act
* Electronic Funds Transfer Act
* Credit Card Accountability and Disclosure Act
Health and Safety Protection

CHAPTER 40 Environmental Law
Environmental Protection Agency
Air Pollution
Water Pollution
Hazardous Waste and Toxic Substances
Environmental Impact Statements

CHAPTER 41 Antitrust Law
The Sherman Antitrust Act
* Horizontal Restraints
* Vertical Restraints
* Monopolization
Clayton Act
* Exclusive Dealing Contracts
* Tying Arrangements
* Price Discrimination

PART XV: Insurance, Wills, and Trusts

CHAPTER 42 Insurance
Common Insurance Terminology
Insurable Interest
Types of Insurance
Common Provisions in Insurance Policies

CHAPTER 43 Wills and Trusts
* Requirements for a Valid Will
* Amending or Revoking a Will
* Dying without a Will
Other Estate Planning Documents

PART XVI: International Law

CHAPTER 44 International Law
Sources of International Law
* Treaties and Multinational Agreements
* International Court of Justice
* The Principle of Comity
International Organizations
* United Nations
* World Trade Organization
Doing Business Internationally
* "Choice of Law" Contract Provision
* Letters of Credit
* Foreign Corrupt Practices Act
* Quotas and Tariffs
* Income Taxes

APPENDIX The Constitution of the United States

Additional information

The Legal Environment of Business by RYAN PACE
Kendall/Hunt Publishing Co ,U.S.
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