SolutionManual
|
Dynamic Business Law, 6th Edition
| | | |
By Nancy Kubasek
| |
,Chapter |1|- |An |Introduction |to |Dynamic |Business |Law
CHAPTER | OVERVIEW
Chapter | One | lays | the | foundation | for | the | textbook. | Make | sure | you | look | on | the
| publisher‘s | web | site | for | information |about |how | business |law |intersects | with |the | six | functional
| areas | of | business. | The | |authors | encourage |students |to |―connect | to |the |core,‖ |and |remember
|the |ways |in |which |law |intersects |with |other |areas | of | study, | including | corporate
| management, | production | and | transportation, | marketing, | research | and | development,
|accounting |and |finance, |and |human |resource |management.
This | manual | supports | the | ―connecting | to | the | core‖ | theme | by | giving | ideas | for
| assignments | that | encourage | students |to | integrate | their | business | law | knowledge | with
| knowledge | they | are | acquiring | from | their | other | business | classes. | The | manual | also
| encourages | professors | to | improve | their | teaching | skills. | Finally, | the | manual | suggests |teaching
|ideas |for |both |beginning |and |experienced |teachers.
LEARNING | OBJECTIVES
After |reading |this |chapter, |students |will |be |able |to:
1-1 Define |business |law.
1-2 Relate |the |functional |areas |of |business |to |the |relevant |areas |of
business |law1- | 3 |Recall | the |purposes |of |law.
|
1-4 Distinguish |among |types |of |law.
1-5 Differentiate |between |sources |of |the |law.
1-6 Identify |the |various |schools |of |jurisprudence.
LECTURE | NOTES | WITH | DEFINITIONS
In |the |news… Teaching | tip: |For |each |chapter, | consider | asking |students | to |relate |current
| news | items |to |material |from |the |chapter.
In | addition | to | ideas | students | come | up | with | on | their | own, | consider
| weaving | in | news |stories |provided |by |the |McGraw |Hill.
For |Chapter |One, |McGraw |Hill |offers |the |following |stories:
―Smoking |Ban: |Tobacco |Tyrants: |Gone |Too |Far? |Many |States |Are
|Putting | Stronger |Restrictions | on |Where |You |Can |Smoke‖
Have |states |gone |too |far |in |banning |smoking?
, Whose | interests | are | state | legislatures | looking | out | for
| in | banning | smoking?
―College |Officer |Dealings |With |Lenders |Scrutinized.‖
Should |regulators |take |a |more |careful |look |at |college |officers?
Why |created |changes |in |the |ways |college |officers |interact |with
1-1 | Define Business |lenders?
| law | consists | of | the | enforceable | rules | of | conduct
| business | law. | that | govern | commercial |relationships.
1-2 |Relate |the Business |law |applies |to |the |six |functional |areas |of |business:
| functional
Corporate |management
| areas | of
Production |and |transportation
| business |to |the
| relevant |areas
Marketing
|of | business Research |and |development
|law. Accounting |and |finance
Human |resource |management
1-3 |Recall |the Providing |order
| purposes |of Serving |as |an |alternative |to |fighting
|law.
Facilitating |a |sense |that |change |is |possible
Encouraging |social |justice
Guaranteeing |personal |freedoms
Serving |as |a |moral |guide
1-4 |Distinguish One |way |to |classify |law:
| among |types |of Private |law |involves |disputes |between |private |individuals |or |groups.
|law.
Public | law | involves | disputes | between | private | individuals | or
| groups | and | their | government.
A |second |way |to |classify |law:
Civil | law |involves |the |rights | and |responsibilities |involved |in
|relationshipsbetween | persons |and |between |persons | and |their
|government.
Criminal | law | involves |incidents |in |which |someone |commits | an |act
|against | the | public |as |a |unit.
Teaching | tip: | Ask | students | to | give | an | example | of | a | fact | situation
1-5 |Differentiate that | led
Sources
| | to
| of | both |criminal
|business |and |civil | lawsuits, |e.g., |the |O.J. |Simpson
|law |are:
| between |trials.
1. Constitutions
|sources |of | the
Constitutional | law | refers | to | the | general | limits | and | powers | of
|law.
| governments | as | stated |in |their |written |constitutions.
2. Statutes |or |legislative |actions
3. Cases
Case | law | (or | common | law) | is | the | collection | of | legal
| interpretations | made | by | judges.
Stare |decisis |means |courts |are |relying |on |precedent.
Teaching | tip: | The | first | time | your | students | encounter | an | appellate
| case | in | the
, readings, |show |them |what |stare |decisis |looks |like |in |the |context |of |a |real
|case.
4. Administrative |law
Administrative | law | is | the | collection | of | rules | and
| decisions | made | by | administrative |agencies.
5. Treaties
A | treaty | is | a | |binding | agreement | between | two | states | or
| international | organizations.
6. | | Executive |orders
An |executive | order |is |a |directive |that |comes |from |the | president |or
1-6 |Identify |the | stategovernor.
Schools | of |jurisprudence |are |common |guides |to |legal |interpretation.
| various |schools
Natural | law—certain | ethical | laws | and | principles | are | morally
|of
| right | and
| jurisprudence.
―above‖ |the |laws |devised |by |humans.
Legal | Positivism—assumes | the | legitimate | political | authority
| deserves | our |obedience |when |it |issues |a |rule.
Identification |with |the |Vulnerable—emphasis | on |fairness | and
|looking | out |for |those |with |the |least |power.
Historical |School/Tradition—emphasis |on |the |use |of |stare |decisis.
Legal |Realism—judges |consider |social |and |economic |conditions.
Cost-benefit | Analysis—make | calculations | to |maximize |the
| ratio | of | benefits | to |costs.
Teaching | tip: | Consider | using | ―The | Case | of | the | Speluncean
Global |and At | this | point
| Explorers | (link ||in | the ||to
below) textbook,
|make |the| |students
schools |of| should | merely
|jurisprudence | have | an
|come
| Comparative awareness
|alive.
| | that | globalization | has | affected | the | scope | of | business
|Law | law. | Consequently, | we | highlight | the |definitions |to |the |following |key
|terms | that |will | |come |up |later |in |the |book:
Trade, | i.e. | the | exchange | of | goods | or | services, | on | a | global
| scale | has | ledto | the | creation | of | trade | agreements | that | serve
| as | de | facto | rules | governing|the | global | business | environment.
Comparative |law—the | field |of |law |that |studies | and |compares
| laws |in | different |countries.
Appendix |on Critical | thinking | includes | the | application | of | evaluative | standards
|Critical | Thinking | to | assess | the | quality | or | the | reasoning | being | offered | to | support | the
|and | Business | conclusion. | Critical | thinkers | will |follow |this |pattern |of |careful | thinking
|when |they |read | |an |argument:
1. Find |the |facts.
2. Look |for |the |issue.
3. Identify |the |judge‘s |reasons |and |conclusion.
4. Locate |in |the |decision |the |rules |of |law |that |govern |the |judge‘s
|reasoning.
5. Apply |critical |thinking |to |the |reasoning. |Evaluate |the |reasoning.
Look |for |potential |ambiguity.
Consider |the |strength |of |analogies.
|
Dynamic Business Law, 6th Edition
| | | |
By Nancy Kubasek
| |
,Chapter |1|- |An |Introduction |to |Dynamic |Business |Law
CHAPTER | OVERVIEW
Chapter | One | lays | the | foundation | for | the | textbook. | Make | sure | you | look | on | the
| publisher‘s | web | site | for | information |about |how | business |law |intersects | with |the | six | functional
| areas | of | business. | The | |authors | encourage |students |to |―connect | to |the |core,‖ |and |remember
|the |ways |in |which |law |intersects |with |other |areas | of | study, | including | corporate
| management, | production | and | transportation, | marketing, | research | and | development,
|accounting |and |finance, |and |human |resource |management.
This | manual | supports | the | ―connecting | to | the | core‖ | theme | by | giving | ideas | for
| assignments | that | encourage | students |to | integrate | their | business | law | knowledge | with
| knowledge | they | are | acquiring | from | their | other | business | classes. | The | manual | also
| encourages | professors | to | improve | their | teaching | skills. | Finally, | the | manual | suggests |teaching
|ideas |for |both |beginning |and |experienced |teachers.
LEARNING | OBJECTIVES
After |reading |this |chapter, |students |will |be |able |to:
1-1 Define |business |law.
1-2 Relate |the |functional |areas |of |business |to |the |relevant |areas |of
business |law1- | 3 |Recall | the |purposes |of |law.
|
1-4 Distinguish |among |types |of |law.
1-5 Differentiate |between |sources |of |the |law.
1-6 Identify |the |various |schools |of |jurisprudence.
LECTURE | NOTES | WITH | DEFINITIONS
In |the |news… Teaching | tip: |For |each |chapter, | consider | asking |students | to |relate |current
| news | items |to |material |from |the |chapter.
In | addition | to | ideas | students | come | up | with | on | their | own, | consider
| weaving | in | news |stories |provided |by |the |McGraw |Hill.
For |Chapter |One, |McGraw |Hill |offers |the |following |stories:
―Smoking |Ban: |Tobacco |Tyrants: |Gone |Too |Far? |Many |States |Are
|Putting | Stronger |Restrictions | on |Where |You |Can |Smoke‖
Have |states |gone |too |far |in |banning |smoking?
, Whose | interests | are | state | legislatures | looking | out | for
| in | banning | smoking?
―College |Officer |Dealings |With |Lenders |Scrutinized.‖
Should |regulators |take |a |more |careful |look |at |college |officers?
Why |created |changes |in |the |ways |college |officers |interact |with
1-1 | Define Business |lenders?
| law | consists | of | the | enforceable | rules | of | conduct
| business | law. | that | govern | commercial |relationships.
1-2 |Relate |the Business |law |applies |to |the |six |functional |areas |of |business:
| functional
Corporate |management
| areas | of
Production |and |transportation
| business |to |the
| relevant |areas
Marketing
|of | business Research |and |development
|law. Accounting |and |finance
Human |resource |management
1-3 |Recall |the Providing |order
| purposes |of Serving |as |an |alternative |to |fighting
|law.
Facilitating |a |sense |that |change |is |possible
Encouraging |social |justice
Guaranteeing |personal |freedoms
Serving |as |a |moral |guide
1-4 |Distinguish One |way |to |classify |law:
| among |types |of Private |law |involves |disputes |between |private |individuals |or |groups.
|law.
Public | law | involves | disputes | between | private | individuals | or
| groups | and | their | government.
A |second |way |to |classify |law:
Civil | law |involves |the |rights | and |responsibilities |involved |in
|relationshipsbetween | persons |and |between |persons | and |their
|government.
Criminal | law | involves |incidents |in |which |someone |commits | an |act
|against | the | public |as |a |unit.
Teaching | tip: | Ask | students | to | give | an | example | of | a | fact | situation
1-5 |Differentiate that | led
Sources
| | to
| of | both |criminal
|business |and |civil | lawsuits, |e.g., |the |O.J. |Simpson
|law |are:
| between |trials.
1. Constitutions
|sources |of | the
Constitutional | law | refers | to | the | general | limits | and | powers | of
|law.
| governments | as | stated |in |their |written |constitutions.
2. Statutes |or |legislative |actions
3. Cases
Case | law | (or | common | law) | is | the | collection | of | legal
| interpretations | made | by | judges.
Stare |decisis |means |courts |are |relying |on |precedent.
Teaching | tip: | The | first | time | your | students | encounter | an | appellate
| case | in | the
, readings, |show |them |what |stare |decisis |looks |like |in |the |context |of |a |real
|case.
4. Administrative |law
Administrative | law | is | the | collection | of | rules | and
| decisions | made | by | administrative |agencies.
5. Treaties
A | treaty | is | a | |binding | agreement | between | two | states | or
| international | organizations.
6. | | Executive |orders
An |executive | order |is |a |directive |that |comes |from |the | president |or
1-6 |Identify |the | stategovernor.
Schools | of |jurisprudence |are |common |guides |to |legal |interpretation.
| various |schools
Natural | law—certain | ethical | laws | and | principles | are | morally
|of
| right | and
| jurisprudence.
―above‖ |the |laws |devised |by |humans.
Legal | Positivism—assumes | the | legitimate | political | authority
| deserves | our |obedience |when |it |issues |a |rule.
Identification |with |the |Vulnerable—emphasis | on |fairness | and
|looking | out |for |those |with |the |least |power.
Historical |School/Tradition—emphasis |on |the |use |of |stare |decisis.
Legal |Realism—judges |consider |social |and |economic |conditions.
Cost-benefit | Analysis—make | calculations | to |maximize |the
| ratio | of | benefits | to |costs.
Teaching | tip: | Consider | using | ―The | Case | of | the | Speluncean
Global |and At | this | point
| Explorers | (link ||in | the ||to
below) textbook,
|make |the| |students
schools |of| should | merely
|jurisprudence | have | an
|come
| Comparative awareness
|alive.
| | that | globalization | has | affected | the | scope | of | business
|Law | law. | Consequently, | we | highlight | the |definitions |to |the |following |key
|terms | that |will | |come |up |later |in |the |book:
Trade, | i.e. | the | exchange | of | goods | or | services, | on | a | global
| scale | has | ledto | the | creation | of | trade | agreements | that | serve
| as | de | facto | rules | governing|the | global | business | environment.
Comparative |law—the | field |of |law |that |studies | and |compares
| laws |in | different |countries.
Appendix |on Critical | thinking | includes | the | application | of | evaluative | standards
|Critical | Thinking | to | assess | the | quality | or | the | reasoning | being | offered | to | support | the
|and | Business | conclusion. | Critical | thinkers | will |follow |this |pattern |of |careful | thinking
|when |they |read | |an |argument:
1. Find |the |facts.
2. Look |for |the |issue.
3. Identify |the |judge‘s |reasons |and |conclusion.
4. Locate |in |the |decision |the |rules |of |law |that |govern |the |judge‘s
|reasoning.
5. Apply |critical |thinking |to |the |reasoning. |Evaluate |the |reasoning.
Look |for |potential |ambiguity.
Consider |the |strength |of |analogies.
