Instructor Manual: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the Law
Instructor Manual
Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction
to the Law
TABLE OF CONTENTS
Purpose and Perspective of the Chapter......................................................................2
Learning Outcomes.......................................................................................................2
What's New in This Chapter .......................................................................................2
Chapter Outline.............................................................................................................2
Discussion Questions....................................................................................................5
Appendix—Rubrics.......................................................................................................6
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the 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 used through the book.
LEARNING OUTCOMES
The following objectives are addressed in this chapter:
Define “law.
List the major sources of law.
Identify the supreme law of the land.
Distinguish different global legal systems.
[return to top]
WHAT'S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
New Conflict Presented on OpenAI’s use of a computer-generated voice that sounded
similar to the voice of actress Scarlett Johansson.
New Real Case on the constitutionality of a Texas law that prohibited large social media
companies from regulating the content of users’ postings.
New Real Law critical thinking question on stare decisis. Should Gateway Hotels be awarded
attorney’s fees after successfully defending itself against a nonfrivolous lawsuit claiming that its
website did not comply with the ADA?
New Ethical Question concerns whether federal government should be able to require that
employees working under certain federal contracts be vaccinated against COVID-19.
[return to top]
CHAPTER OUTLINE
I. What Is Law (PPT Slides 3)
a. Blackstone described the law as “a rule of civil conduct…commanding what is right, and
prohibiting what is wrong.”
b. Many sets of rules declare what is right and what is wrong (from religion, philosophy,
and scholarly sources or those that arise from peer pressure, customs, and social
conventions).
c. To be effective, rules must be enforced with penalties when they are broken.
d. Law — Enforceable rules governing individuals and their society
II. Business Activities and the Legal Environment (PPT Slides 4–6)
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the Law
a. Knowledge of the laws and regulations governing business is essential to making good
business decisions.
b. The study of business law also involves an ethical dimension.
c. Many different laws can affect a single business transaction
d. The role of law in small business covers everything from HR, to financing, to advertising.
III. Sources of American Law (PPT Slides 7–13)
a. The Common Law
i. Common law — A body of law developed from court decisions
o Originated in medieval England
o Precedent — A court decision that guides subsequent decisions
o Case Law — Rules of law announced in court decisions
ii. The Doctrine of Precedent
o Stare decisis — A doctrine under which judges follow established
precedents
o Jurisdiction — The authority of a court to decide a specific dispute
o Action — A court proceeding to enforce or protect a right or to redress
or prevent a wrong
iii. Departures from Precedent
o A court may decide that a precedent is incorrect or that a change in
society or technology has rendered it inapplicable.
o Sometimes, there is no precedent, or there are conflicting precedents.
iv. Equity
o Remedy — The means to enforce a right or compensate for a wrong
o Damages — Money sought as a remedy for a harm suffered
o Equity — Fairness; types of relief other than legal remedies
o Injunction — A court order to do or not do a certain act
b. Constitutional Law
i. The U.S. Constitution is the supreme law of the land and will take precedence
over state constitutions.
ii. Unless it conflicts with the U.S. Constitution, a state constitution is supreme
within the state’s borders.
c. Statutory Law
i. Statutory law — Laws enacted by a legislative body
ii. Statutes are enacted by legislatures (Congress). This type of law also includes
ordinances passed by cities and states.
iii. Each state has the option to adopt a uniform law (or even a part of the uniform
law). Examples include the Uniform Commercial Code (UCC).
d. Administrative Law
i. Administrative law — The rules, orders, and decisions created by
administrative agencies
ii. Rules issued by administrative agencies affect almost every aspect of a
business’s operations.
e. Knowledge Check 1 (PPT Slide 13)
i. Which of the following are sources of American Law?
ii. Answer: D. All of the Above (State Legislative Bodies, Administrative Agencies,
U.S. Constitution)
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the Law
IV. Civil Law Versus Criminal Law (PPT Slides 14–15)
a. Civil law — Law that defines and enforces all private and public rights, as opposed to
criminal matters
b. Criminal law — Law that defines crimes and subjects criminals to punishment
c. Criminal acts are prohibited by local, state, or federal government statutes.
d. Knowledge Check 2 (PPT Slide 15)
i. A suit involving breach of contract would be covered by:
ii. Answer: B. Civil law
V. National Law Around the World (PPT Slide 16)
a. Common law systems: United States, Australia, Canada, India
b. Civil law system — a legal system based on a statutory code
i. Civil law systems are based on codified law where the primary source of law is a
statutory code and precedents do not bind courts.
ii. Used by most European nations, countries that were once their colonies, and
Louisiana.
VI. International Law (PPT Slide 17)
a. International law — The law that governs relations among nations
b. It consists of a body of written and unwritten laws observed by independent nations that
governs the acts of individuals as well as governments (Examples: international customs
and treaties).
c. No authority exists to enforce international law.
[return to top]
DISCUSSION QUESTIONS
You can assign these questions several ways: in a discussion forum in your LMS; as whole-class
discussions in person; or as a partner or group activity in class.
1. What is the primary function of law? The primary function of law is to simultaneously
maintain stability and permit change. The law does this by providing for dispute resolution, the
preservation of political, economic, and social institutions, and the protection of property.
[return to top]
© 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
Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction
to the Law
TABLE OF CONTENTS
Purpose and Perspective of the Chapter......................................................................2
Learning Outcomes.......................................................................................................2
What's New in This Chapter .......................................................................................2
Chapter Outline.............................................................................................................2
Discussion Questions....................................................................................................5
Appendix—Rubrics.......................................................................................................6
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the 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 used through the book.
LEARNING OUTCOMES
The following objectives are addressed in this chapter:
Define “law.
List the major sources of law.
Identify the supreme law of the land.
Distinguish different global legal systems.
[return to top]
WHAT'S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
New Conflict Presented on OpenAI’s use of a computer-generated voice that sounded
similar to the voice of actress Scarlett Johansson.
New Real Case on the constitutionality of a Texas law that prohibited large social media
companies from regulating the content of users’ postings.
New Real Law critical thinking question on stare decisis. Should Gateway Hotels be awarded
attorney’s fees after successfully defending itself against a nonfrivolous lawsuit claiming that its
website did not comply with the ADA?
New Ethical Question concerns whether federal government should be able to require that
employees working under certain federal contracts be vaccinated against COVID-19.
[return to top]
CHAPTER OUTLINE
I. What Is Law (PPT Slides 3)
a. Blackstone described the law as “a rule of civil conduct…commanding what is right, and
prohibiting what is wrong.”
b. Many sets of rules declare what is right and what is wrong (from religion, philosophy,
and scholarly sources or those that arise from peer pressure, customs, and social
conventions).
c. To be effective, rules must be enforced with penalties when they are broken.
d. Law — Enforceable rules governing individuals and their society
II. Business Activities and the Legal Environment (PPT Slides 4–6)
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the Law
a. Knowledge of the laws and regulations governing business is essential to making good
business decisions.
b. The study of business law also involves an ethical dimension.
c. Many different laws can affect a single business transaction
d. The role of law in small business covers everything from HR, to financing, to advertising.
III. Sources of American Law (PPT Slides 7–13)
a. The Common Law
i. Common law — A body of law developed from court decisions
o Originated in medieval England
o Precedent — A court decision that guides subsequent decisions
o Case Law — Rules of law announced in court decisions
ii. The Doctrine of Precedent
o Stare decisis — A doctrine under which judges follow established
precedents
o Jurisdiction — The authority of a court to decide a specific dispute
o Action — A court proceeding to enforce or protect a right or to redress
or prevent a wrong
iii. Departures from Precedent
o A court may decide that a precedent is incorrect or that a change in
society or technology has rendered it inapplicable.
o Sometimes, there is no precedent, or there are conflicting precedents.
iv. Equity
o Remedy — The means to enforce a right or compensate for a wrong
o Damages — Money sought as a remedy for a harm suffered
o Equity — Fairness; types of relief other than legal remedies
o Injunction — A court order to do or not do a certain act
b. Constitutional Law
i. The U.S. Constitution is the supreme law of the land and will take precedence
over state constitutions.
ii. Unless it conflicts with the U.S. Constitution, a state constitution is supreme
within the state’s borders.
c. Statutory Law
i. Statutory law — Laws enacted by a legislative body
ii. Statutes are enacted by legislatures (Congress). This type of law also includes
ordinances passed by cities and states.
iii. Each state has the option to adopt a uniform law (or even a part of the uniform
law). Examples include the Uniform Commercial Code (UCC).
d. Administrative Law
i. Administrative law — The rules, orders, and decisions created by
administrative agencies
ii. Rules issued by administrative agencies affect almost every aspect of a
business’s operations.
e. Knowledge Check 1 (PPT Slide 13)
i. Which of the following are sources of American Law?
ii. Answer: D. All of the Above (State Legislative Bodies, Administrative Agencies,
U.S. Constitution)
© 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: Miller, Business Law Texts & Exercises, 11e, ©2027, 9788214056112; Chapter 1: Introduction to the Law
IV. Civil Law Versus Criminal Law (PPT Slides 14–15)
a. Civil law — Law that defines and enforces all private and public rights, as opposed to
criminal matters
b. Criminal law — Law that defines crimes and subjects criminals to punishment
c. Criminal acts are prohibited by local, state, or federal government statutes.
d. Knowledge Check 2 (PPT Slide 15)
i. A suit involving breach of contract would be covered by:
ii. Answer: B. Civil law
V. National Law Around the World (PPT Slide 16)
a. Common law systems: United States, Australia, Canada, India
b. Civil law system — a legal system based on a statutory code
i. Civil law systems are based on codified law where the primary source of law is a
statutory code and precedents do not bind courts.
ii. Used by most European nations, countries that were once their colonies, and
Louisiana.
VI. International Law (PPT Slide 17)
a. International law — The law that governs relations among nations
b. It consists of a body of written and unwritten laws observed by independent nations that
governs the acts of individuals as well as governments (Examples: international customs
and treaties).
c. No authority exists to enforce international law.
[return to top]
DISCUSSION QUESTIONS
You can assign these questions several ways: in a discussion forum in your LMS; as whole-class
discussions in person; or as a partner or group activity in class.
1. What is the primary function of law? The primary function of law is to simultaneously
maintain stability and permit change. The law does this by providing for dispute resolution, the
preservation of political, economic, and social institutions, and the protection of property.
[return to top]
© 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.
