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Introduction to Business, OpenStax - Solutions, summaries, and outlines. 2022 updated

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APPENDIX




LEARNING OUTCOMES



 1. How does the legal system govern business transactions and settle business

disputes?




Laws are the rules governing a society’s conduct that are created and enforced by a

controlling authority. The U.S. court system governs the legal system and includes

both federal and state courts, each organized into three levels. The courts settle

disputes by applying and interpreting laws. Most cases start in trial courts.

Decisions can be appealed to appellate courts. The U.S. Supreme Court is the

nation’s highest court and the court of final appeal. To avoid the high costs of going

to court, many firms now use private arbitration or mediation as alternatives to

litigation.




 2. What are the required elements of a valid contract; and what are the key types of

business law?




A contract is an agreement between two or more parties that meets five

requirements: mutual assent, capacity, consideration, legal purpose, and legal form.

If one party breaches the contract terms, the remedies are damages, specific

performance, or restitution. Tort law settles disputes involving civil acts that harm

, people or their property. Torts include physical injury, mental anguish, and

defamation. Product-liability law governs the responsibility of manufacturers and

sellers for product defects. Bankruptcy law gives businesses or individuals who

cannot meet their financial obligations a way to be relieved of their debts. Some

laws are designed to keep the marketplace free from influences that would restrict

competition such as price fixing and deceptive advertising. Laws protecting

consumer rights are another important area of government control.




 3. What are the most common taxes paid by businesses?




Income taxes are based on the income received by businesses and individuals.

Congress determines the income taxes that are to be paid to the federal government.

In addition to income taxes, individuals and businesses also pay property taxes

(assessed on real and personal property), payroll taxes (the employer’s share of

Social Security taxes and federal and state unemployment taxes), sales taxes (levied

on goods), and excise taxes (levied against specific products such as gasoline,

alcoholic beverages, and tobacco).




APPENDIX




I. Understanding the Legal Environment > Learning Outcome 1

,The smooth function of society depends on the law, which

protects the rights of people and businesses. Laws are rules

governing a society’s conduct that are created and enforced by a

controlling authority.




The Main Sources of Law




The legal system in the United States are the result of a long and

continuing process and consists of many types of law.




Common law is the body of unwritten law that has evolved out of

judicial decisions rather than being enacted by legislatures.

Statutory law is written law enacted by a legislature (local, state,

or federal). Administrative law refers to rules, regulations, and

orders passed by boards, commissions, and agencies of

government (local, state, and federal). Business law is the body of

law that governs commercial dealings. These laws provide a

protective environment within which businesses can operate.

, Lecture Tidbit: Common law derives from the doctrine of state decisis (Latin for

to stand by decisions). State decisis means judges’ decisions establish a

precedent for deciding future cases of a similar nature. In other words, that

decision becomes the example for future cases.

Source: Oyen, Timothy. “Stare Decisis.” LII / Legal Information Institute, Legal

Information Institute, 5 June 2017, www.law.cornell.edu/wex/stare_decisis.




The Court System




The judiciary branch of government is responsible for settling

disputes by applying and interpreting points of law. The U.S. court

system includes both state and federal courts, each organized into

three levels.




A. Trial Courts




Trial courts are the lowest level of courts, where most cases

begin. Trail courts are also called courts of general

Connected book
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Lawrence J. Gitman, Carl McDaniel (Jr.), Amit J. Shah, Monique Reece, Linda Koffel, Bethann Talsma, James C. Hyatt Introduction to Business
Publisher: 2018 ISBN: 9781947172555 Edition: Unknown

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