Solution Manual For The Legal And Regulatory Environment Of
Business, 19th Edition By Marisa Pagnattaro, Daniel Cahoy,
Julie Manning Magid, Peter Shedd
,chapter 1-22
chapter 1 law as a foundation for business
learning objectives
the purpose of this chapter is to introduce the students to the subject of law and to some classifications of its
subject matter. in addition, it is designed to instill in them respect for the role of the ―rule of law‖ in the society
and that the judicial system is the most important stabilizing force in society. it should create an awareness that
law is a foundation for the private market and ―property‖ as a legal concept underpins that market and
contributes to the maximum wealth of nations through productivity. this chapter also describes stare decisis, basic
sources of the american law, and sanctions that can be imposed when the law is not followed.
references
bethell, tom, the noblest triumph (1999).
bernstein, william j., the first of plenty. mcgraw-hill (2004).
driegel, blandine, the state and the rule of law. princeton u. press (1995).
friedman, lawrence m., american law, 2d ed. norton (1998).
harnett, bertram, law, lawyers and laymen: making sense of the american legal system. san diego:
harcourt brace jovanovich (1984).
helpman, elhanan, the mystery of economic growth. belknap press (2004).
holmes, the common law. little, brown and company (1922).
kelman, m., a guide to critical legal studies. harvard (1988).
pound, an introduction to the philosophy of law. yale university press (1922).
reed, o. lee, ―law, the rule of law, and property,‖ american business law journal, vol. 38 (2001).
reed, o. lee, ―nationbuilding 101: reductionism in property, liberty, and corporate governance,‖ 36
vanderbilt journal of transitional law 673 (2003).
the spirit of the common law. marshall jones co. (1921).
,teaching outline
introduction
why law and regulations are fundamental foundations for business (lo 1-1)
emphasize:
that by studying the legal and regulatory environment of business, students will gain an understanding
of basic legal vocabulary and gain the ability to identify problematic situations that could result in
liability.
that because of the positive role lawyers can play, they are increasingly being asked to join corporate
boards.
sidebar 1.1 titled ‗sustainability and integrity: cautionary tales of legal liability.‘
law, the rule of law, and property
law
emphasize:
the simple definition of law. it can be elaborated by observing that law is a rule-based, state-enforced
formal ordering system with moral elements.
that adequate law and legal institutes promote the certainty and trust necessary for complex, long-
term business arrangements. in an economic sense, they lower the costs of transacting business.
additional matters for discussion:
discuss that law formalizes values and traditions and that law is more needed in a large, heterogeneous
modern nation than in a smaller, homogeneous nation. compare the u.s. and japan.
it is not too early in this chapter to ask students whether or not lack of law and strict regulation
facilitated the economic crash and recession that began in 2008.
ask students to comment on how mistrust of law and lawmakers precipitated the
―occupywall street‖ and other ―occupy…‖ movements that arosein 2011.
discuss how the law impacts the covid 19 restrictions on businesses opening in 2020.
the rule of law
emphasize:
that under a rule of law, laws are generally and equallyapplicable.
that lack of the rule of law internationallyhas produced hundreds of calls for it in the
, last several years by business and political leaders. get students to search for rule-of- lawreferences in computer
databases.
that the complete rule of law is an ideal rather than a fact in even the most democratic societies.
additional matters for discussion:
get students to discuss why the managing director of j.p. morgan and co. called the rule of law ―a
cornerstone of free trade.‖
ask students why the rule of law tends to produce rules that benefit everyone. answer: because laws
apply generally and equallyto everyone, the only waylawmakers can benefit themselves is by
benefitting everyone. this answer is theoretical, of course. lawmakers are often benefited individuallyfor
makinglaws that favor special interests.
ask students to imagine how society would be with no laws. what if the governor of one‘s state
announced that tomorrow would be no-law day and that nothing would be
penalized or enforced, no police would be present and no penalties would result from anyone‘s actions. what
would the students do? one is likely to find that after a few fleeting and whimsical thoughts, they would agree
that they would primarily act to protect their real and personal property.
property (lo 1-2)
emphasize:
the two meanings of property.
that propertyis not the resource or thing itself. it is a right (or series of rights).
that the propertyright gives a major incentive to develop resources.
that the exclusionary right of propertyprovides a basis for the private market and modernbusiness.
additional matters for discussion:
ask students to discuss the incentive to grow and prosper and the incentive to innovate and progress
under a system with a right to private property ownership and a communist
system where private ownership of propertyis greatly diminished for most. would they even be in school if
accumulation of propertyrights were not attainable?
property in its broadest sense
emphasize:
howinitsbroadestsense―property‖isthecentral conceptofwesternlegalsystems.
how property can be thought of as the hub of a wheel and the various legal topics studied in the text as
spokes of the wheel. law and the rule of law provide the unifying
Business, 19th Edition By Marisa Pagnattaro, Daniel Cahoy,
Julie Manning Magid, Peter Shedd
,chapter 1-22
chapter 1 law as a foundation for business
learning objectives
the purpose of this chapter is to introduce the students to the subject of law and to some classifications of its
subject matter. in addition, it is designed to instill in them respect for the role of the ―rule of law‖ in the society
and that the judicial system is the most important stabilizing force in society. it should create an awareness that
law is a foundation for the private market and ―property‖ as a legal concept underpins that market and
contributes to the maximum wealth of nations through productivity. this chapter also describes stare decisis, basic
sources of the american law, and sanctions that can be imposed when the law is not followed.
references
bethell, tom, the noblest triumph (1999).
bernstein, william j., the first of plenty. mcgraw-hill (2004).
driegel, blandine, the state and the rule of law. princeton u. press (1995).
friedman, lawrence m., american law, 2d ed. norton (1998).
harnett, bertram, law, lawyers and laymen: making sense of the american legal system. san diego:
harcourt brace jovanovich (1984).
helpman, elhanan, the mystery of economic growth. belknap press (2004).
holmes, the common law. little, brown and company (1922).
kelman, m., a guide to critical legal studies. harvard (1988).
pound, an introduction to the philosophy of law. yale university press (1922).
reed, o. lee, ―law, the rule of law, and property,‖ american business law journal, vol. 38 (2001).
reed, o. lee, ―nationbuilding 101: reductionism in property, liberty, and corporate governance,‖ 36
vanderbilt journal of transitional law 673 (2003).
the spirit of the common law. marshall jones co. (1921).
,teaching outline
introduction
why law and regulations are fundamental foundations for business (lo 1-1)
emphasize:
that by studying the legal and regulatory environment of business, students will gain an understanding
of basic legal vocabulary and gain the ability to identify problematic situations that could result in
liability.
that because of the positive role lawyers can play, they are increasingly being asked to join corporate
boards.
sidebar 1.1 titled ‗sustainability and integrity: cautionary tales of legal liability.‘
law, the rule of law, and property
law
emphasize:
the simple definition of law. it can be elaborated by observing that law is a rule-based, state-enforced
formal ordering system with moral elements.
that adequate law and legal institutes promote the certainty and trust necessary for complex, long-
term business arrangements. in an economic sense, they lower the costs of transacting business.
additional matters for discussion:
discuss that law formalizes values and traditions and that law is more needed in a large, heterogeneous
modern nation than in a smaller, homogeneous nation. compare the u.s. and japan.
it is not too early in this chapter to ask students whether or not lack of law and strict regulation
facilitated the economic crash and recession that began in 2008.
ask students to comment on how mistrust of law and lawmakers precipitated the
―occupywall street‖ and other ―occupy…‖ movements that arosein 2011.
discuss how the law impacts the covid 19 restrictions on businesses opening in 2020.
the rule of law
emphasize:
that under a rule of law, laws are generally and equallyapplicable.
that lack of the rule of law internationallyhas produced hundreds of calls for it in the
, last several years by business and political leaders. get students to search for rule-of- lawreferences in computer
databases.
that the complete rule of law is an ideal rather than a fact in even the most democratic societies.
additional matters for discussion:
get students to discuss why the managing director of j.p. morgan and co. called the rule of law ―a
cornerstone of free trade.‖
ask students why the rule of law tends to produce rules that benefit everyone. answer: because laws
apply generally and equallyto everyone, the only waylawmakers can benefit themselves is by
benefitting everyone. this answer is theoretical, of course. lawmakers are often benefited individuallyfor
makinglaws that favor special interests.
ask students to imagine how society would be with no laws. what if the governor of one‘s state
announced that tomorrow would be no-law day and that nothing would be
penalized or enforced, no police would be present and no penalties would result from anyone‘s actions. what
would the students do? one is likely to find that after a few fleeting and whimsical thoughts, they would agree
that they would primarily act to protect their real and personal property.
property (lo 1-2)
emphasize:
the two meanings of property.
that propertyis not the resource or thing itself. it is a right (or series of rights).
that the propertyright gives a major incentive to develop resources.
that the exclusionary right of propertyprovides a basis for the private market and modernbusiness.
additional matters for discussion:
ask students to discuss the incentive to grow and prosper and the incentive to innovate and progress
under a system with a right to private property ownership and a communist
system where private ownership of propertyis greatly diminished for most. would they even be in school if
accumulation of propertyrights were not attainable?
property in its broadest sense
emphasize:
howinitsbroadestsense―property‖isthecentral conceptofwesternlegalsystems.
how property can be thought of as the hub of a wheel and the various legal topics studied in the text as
spokes of the wheel. law and the rule of law provide the unifying
