Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
Instructor Manual
Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1:
Introduction to Law
TABLE OF CONTENTS
Purpose and Perspective of the Chapter..........................................................2
Chapter Objectives............................................................................................2
What's New in This Chapter............................................................................ 2
Chapter Outline................................................................................................ 2
Additional Discussion Questions......................................................................7
Appendix........................................................................................................... 8
Generic Rubrics......................................................................................................................................... 8
Standard Writing Rubric............................................................................................................................ 8
Standard Discussion Rubric.......................................................................................................................9
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 1
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
PURPOSE AND PERSPECTIVE OF THE CHAPTER
The purpose of this chapter is to establish a foundation for the course by introducing key terminology and
concepts that students will use through the book.
CHAPTER OBJECTIVES
The following objectives are addressed in this chapter:
1-1 Describe the basic functions of law.
1-2 Distinguish between (1) law and justice and (2) law and morals.
1-3 Distinguish between (1) substantive and procedural law, (2) public and private law, and (3) civil
and criminal law.
1-4 Describe the sources of law.
1-5 Explain the principle of stare decisis.
[return to top]
WHAT'S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
Noted new UCC Article 12
[return to top]
CHAPTER OUTLINE
The following outline organizes activities (including any existing discussion questions in PowerPoints or
other supplements) and assessments by chapter (and therefore by topic), so that you can see how all the
content relates to the topics covered in the text.
I. Nature of Law (1-1) (PPT Slides 4-8)
The law is a continuously changing process of developing a workable set of rules that balance the
individual and group rights of an evolving society.
a. Definition of Law—Legal scholars have defined law in various ways, including:
predictions of the way that a court will decide specific legal questions
a rule of civil conduct prescribed by the supreme power in a state, commanding what
is right, and prohibiting what is wrong
a general command that a state or sovereign makes to those who are subject to its
authority by laying down a course of action enforced by judicial or administrative
tribunals
Most legal scholars would agree with Rosco Pound that the term “law” has multiple
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 2
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
meanings and that defining it is not a simple task.
b. Functions of Law—The functions of law are to maintain stability in the social,
political, and economic system through (1) dispute resolution, (2) protection of property,
and (3) the preservation of the state while at the same time permitting ordered change.
1. Disputes are inevitable in a complex society and may involve criminal or
non-criminal matters. Law provides rules to resolve disputes and avoid
personal revenge.
2. Law protects ownership of property and allows for agreements (contracts) to
exchange property. (This text deals with many aspects of this including
contracts, sales, commercial paper, and business associations.)
3. Law preserves the state. It ensures that changes are result of elections,
legislation, and referenda rather than revolution, sedition, and rebellion.
c. Legal Sanctions—Sanctions are the means by which the law enforces the decisions of
the court, such as fines, imprisonment and capital punishment.
d. Law and Morals—Though law is affected by morals, law and morality are not the
same. Some actions have no moral implications but have legal sanctions, whereas other
actions have no legal sanctions but do have moral implications. Some actions have both
moral impact and legal sanction.
e. Law and Justice—Law and justice are distinct but interrelated concepts.
Justice may be defined as “the fair, equitable, and impartial treatment of the
competing interests and desires of individuals and groups, with due regard for the
common good.”
Justice depends on the law, but the law does not guarantee justice, since laws can
be unjust. (Think back to “legal” slavery and the “legal” actions of Nazi
Germany or of the South African apartheid government.)
f. Poll Activity: PPT Slide 8: 1 to 10 minutes total. What are the students’
thoughts about law, morality, and justice?
II. Classification of Law (1-2) (PPT Slides 9-13)
Because the law is vast, it is helpful to organize it into categories such as: (1) substantive
and procedural, (2) public and private, and (3) civil and criminal.
Basic to understanding these classifications are the terms right and duty. A right is the
ability of a person, with the aid of the law, to require another person to perform or to
refrain from performing a certain act.
A duty is the obligation the law imposes upon a person to perform or to refrain from
performing a certain act.
Duty and right exist together: a person cannot have a right without some other person (or
all persons) having the corresponding duty.
a. Substantive and Procedural Law—Substantive law creates, defines, and
regulates legal rights and duties. Procedural law sets forth rules for enforcing those rights
that are created by the substantive law.
b. Public and Private Law—Public law is the branch of substantive law that deals
with the government's rights and powers and its relationship to individuals or groups.
Private law is that part of substantive law governing individuals and legal entities (such
as corporations) in their relationships with one another.
c. Civil and Criminal Law—Civil law defines duties and deals with the rights and
duties of individuals among themselves. (It is part of private law.) Criminal law
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 3
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
establishes duties and involves offenses against the community. (It is part of public law.)
The purpose of the civil law is to compensate the injured party (plaintiff), while the
purpose of criminal law is to punish the wrongdoer. Typically, the civil law awards
money for damages or an order for the defendant to behave in a certain way, while
criminal law imposes a fine or imprisonment on the guilty party. The party bringing a
civil action has the burden of proof, which they must support with a preponderance of the
evidence (meaning the greater weight). The government bringing a criminal case must
prove the defendant’s guilt beyond a reasonable doubt, which is a significantly higher
burden of proof than that in a civil case.
III. Sources of Law (1-3) (PPT Slides 14-23)
Federal and State constitutions
Federal treaties (agreements between or among independent nations)
Federal and State statutes (laws passed by a legislative body such as the U.S. Congress or
the legislature of a state)
Executive orders (legislation issued by a President or governor)
Ordinances of local municipal governments
Rules and regulations of Federal and State administrative agencies
Federal and State court decisions
a. Constitutional Law—A constitution sets forth the basic principles by which a government is
guided, as well as the limitations on governmental authority. The U.S. Constitution is the supreme
law of the nation; a state constitution is the highest law within that state. Federal law is supreme
in cases of conflict with state law. One of the fundamental principles of the U.S. Constitution is
judicial review, which is the power of courts to determine constitutionality of all laws.
b. Judicial Law—Case decisions establish precedent in our common law system and must also
be consulted when researching a legal question. In the common law system, parties to a dispute
initiate and conduct litigation (an adversary system). A civil law system, which is less prevalent
than common law within the United States, depends on comprehensive legislative enactments
(called codes) and an inquisitorial system of determining disputes. In the inquisitorial system, the
court, rather than the parties, initiates litigation, investigates pertinent facts, and conducts the
presentation of evidence.
i. Common Law—a body of law established by previous rulings of courts in a common
law system. Under the principle of stare decisis, these decisions serve as precedents for
later cases.
ii. Equity—a supplementary system of judicial relief separate from the common law,
based upon settled rules of fairness, justice and honesty. Remedies include specific
performance, injunction, reformation, and rescission. In most jurisdictions, a single court
administers both common law and equity.
iii. Restatements of Law—The large and growing volume of court decisions in the
United States led to the Restatements of Law, an orderly restatement of the general
common law. It is now regarded as the authoritative statement of the common law of the
United States. It covers many areas, including torts, contracts, agency, property, and
trusts. The Restatements were written by the American Law Institute (ALI), a
distinguished group of lawyers, judges, and law professors. Currently, the ALI is made
up of more than 4,600 members.
iv. Knowledge Check Activity 1: PPT Slide 19: 1 minute total. Tests
students’ knowledge on precedents and stare decisis.
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 4
publicly accessible website, in whole or in part.
Instructor Manual
Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1:
Introduction to Law
TABLE OF CONTENTS
Purpose and Perspective of the Chapter..........................................................2
Chapter Objectives............................................................................................2
What's New in This Chapter............................................................................ 2
Chapter Outline................................................................................................ 2
Additional Discussion Questions......................................................................7
Appendix........................................................................................................... 8
Generic Rubrics......................................................................................................................................... 8
Standard Writing Rubric............................................................................................................................ 8
Standard Discussion Rubric.......................................................................................................................9
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 1
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
PURPOSE AND PERSPECTIVE OF THE CHAPTER
The purpose of this chapter is to establish a foundation for the course by introducing key terminology and
concepts that students will use through the book.
CHAPTER OBJECTIVES
The following objectives are addressed in this chapter:
1-1 Describe the basic functions of law.
1-2 Distinguish between (1) law and justice and (2) law and morals.
1-3 Distinguish between (1) substantive and procedural law, (2) public and private law, and (3) civil
and criminal law.
1-4 Describe the sources of law.
1-5 Explain the principle of stare decisis.
[return to top]
WHAT'S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
Noted new UCC Article 12
[return to top]
CHAPTER OUTLINE
The following outline organizes activities (including any existing discussion questions in PowerPoints or
other supplements) and assessments by chapter (and therefore by topic), so that you can see how all the
content relates to the topics covered in the text.
I. Nature of Law (1-1) (PPT Slides 4-8)
The law is a continuously changing process of developing a workable set of rules that balance the
individual and group rights of an evolving society.
a. Definition of Law—Legal scholars have defined law in various ways, including:
predictions of the way that a court will decide specific legal questions
a rule of civil conduct prescribed by the supreme power in a state, commanding what
is right, and prohibiting what is wrong
a general command that a state or sovereign makes to those who are subject to its
authority by laying down a course of action enforced by judicial or administrative
tribunals
Most legal scholars would agree with Rosco Pound that the term “law” has multiple
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 2
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
meanings and that defining it is not a simple task.
b. Functions of Law—The functions of law are to maintain stability in the social,
political, and economic system through (1) dispute resolution, (2) protection of property,
and (3) the preservation of the state while at the same time permitting ordered change.
1. Disputes are inevitable in a complex society and may involve criminal or
non-criminal matters. Law provides rules to resolve disputes and avoid
personal revenge.
2. Law protects ownership of property and allows for agreements (contracts) to
exchange property. (This text deals with many aspects of this including
contracts, sales, commercial paper, and business associations.)
3. Law preserves the state. It ensures that changes are result of elections,
legislation, and referenda rather than revolution, sedition, and rebellion.
c. Legal Sanctions—Sanctions are the means by which the law enforces the decisions of
the court, such as fines, imprisonment and capital punishment.
d. Law and Morals—Though law is affected by morals, law and morality are not the
same. Some actions have no moral implications but have legal sanctions, whereas other
actions have no legal sanctions but do have moral implications. Some actions have both
moral impact and legal sanction.
e. Law and Justice—Law and justice are distinct but interrelated concepts.
Justice may be defined as “the fair, equitable, and impartial treatment of the
competing interests and desires of individuals and groups, with due regard for the
common good.”
Justice depends on the law, but the law does not guarantee justice, since laws can
be unjust. (Think back to “legal” slavery and the “legal” actions of Nazi
Germany or of the South African apartheid government.)
f. Poll Activity: PPT Slide 8: 1 to 10 minutes total. What are the students’
thoughts about law, morality, and justice?
II. Classification of Law (1-2) (PPT Slides 9-13)
Because the law is vast, it is helpful to organize it into categories such as: (1) substantive
and procedural, (2) public and private, and (3) civil and criminal.
Basic to understanding these classifications are the terms right and duty. A right is the
ability of a person, with the aid of the law, to require another person to perform or to
refrain from performing a certain act.
A duty is the obligation the law imposes upon a person to perform or to refrain from
performing a certain act.
Duty and right exist together: a person cannot have a right without some other person (or
all persons) having the corresponding duty.
a. Substantive and Procedural Law—Substantive law creates, defines, and
regulates legal rights and duties. Procedural law sets forth rules for enforcing those rights
that are created by the substantive law.
b. Public and Private Law—Public law is the branch of substantive law that deals
with the government's rights and powers and its relationship to individuals or groups.
Private law is that part of substantive law governing individuals and legal entities (such
as corporations) in their relationships with one another.
c. Civil and Criminal Law—Civil law defines duties and deals with the rights and
duties of individuals among themselves. (It is part of private law.) Criminal law
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 3
publicly accessible website, in whole or in part.
, Instructor Manual: Mann-Roberts, Smith & Roberson’s Business Law 19e, ©2027, 9798214054377; Chapter 1: Introduction to Law
establishes duties and involves offenses against the community. (It is part of public law.)
The purpose of the civil law is to compensate the injured party (plaintiff), while the
purpose of criminal law is to punish the wrongdoer. Typically, the civil law awards
money for damages or an order for the defendant to behave in a certain way, while
criminal law imposes a fine or imprisonment on the guilty party. The party bringing a
civil action has the burden of proof, which they must support with a preponderance of the
evidence (meaning the greater weight). The government bringing a criminal case must
prove the defendant’s guilt beyond a reasonable doubt, which is a significantly higher
burden of proof than that in a civil case.
III. Sources of Law (1-3) (PPT Slides 14-23)
Federal and State constitutions
Federal treaties (agreements between or among independent nations)
Federal and State statutes (laws passed by a legislative body such as the U.S. Congress or
the legislature of a state)
Executive orders (legislation issued by a President or governor)
Ordinances of local municipal governments
Rules and regulations of Federal and State administrative agencies
Federal and State court decisions
a. Constitutional Law—A constitution sets forth the basic principles by which a government is
guided, as well as the limitations on governmental authority. The U.S. Constitution is the supreme
law of the nation; a state constitution is the highest law within that state. Federal law is supreme
in cases of conflict with state law. One of the fundamental principles of the U.S. Constitution is
judicial review, which is the power of courts to determine constitutionality of all laws.
b. Judicial Law—Case decisions establish precedent in our common law system and must also
be consulted when researching a legal question. In the common law system, parties to a dispute
initiate and conduct litigation (an adversary system). A civil law system, which is less prevalent
than common law within the United States, depends on comprehensive legislative enactments
(called codes) and an inquisitorial system of determining disputes. In the inquisitorial system, the
court, rather than the parties, initiates litigation, investigates pertinent facts, and conducts the
presentation of evidence.
i. Common Law—a body of law established by previous rulings of courts in a common
law system. Under the principle of stare decisis, these decisions serve as precedents for
later cases.
ii. Equity—a supplementary system of judicial relief separate from the common law,
based upon settled rules of fairness, justice and honesty. Remedies include specific
performance, injunction, reformation, and rescission. In most jurisdictions, a single court
administers both common law and equity.
iii. Restatements of Law—The large and growing volume of court decisions in the
United States led to the Restatements of Law, an orderly restatement of the general
common law. It is now regarded as the authoritative statement of the common law of the
United States. It covers many areas, including torts, contracts, agency, property, and
trusts. The Restatements were written by the American Law Institute (ALI), a
distinguished group of lawyers, judges, and law professors. Currently, the ALI is made
up of more than 4,600 members.
iv. Knowledge Check Activity 1: PPT Slide 19: 1 minute total. Tests
students’ knowledge on precedents and stare decisis.
©2027 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 4
publicly accessible website, in whole or in part.
