ACCESS Test Bank for Law for Business 14th Edition Barnes
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
CHAPTER 1: LAW AND LEGAL REASONING
LECTURE OUTLINE
1. Discuss the Twisdale case that opens this chapter. It provides an interesting vehicle for
discussing the functions of law and legal interpretation.
a. Have your students identify the various functions of the law and then discuss
which specific functions are furthered by this anti-retaliation aspects of the Civil
Rights statute.
b. In the context of legal interpretation, the court found that Twisdale did seem to be
protected based on the literal language of the statute. However, it looked beyond
the plain meaning to reject his claim. Specifically, the court believed that
interpreting the law in a manner that would protect him from retaliation would
undermine the purpose of the statute. It is conceivable that the court is motivated
by public policy concerns as well.
c. What do your students think of courts who do look at intent and public policy?
Use this as a lead-in for a discussion of legal jurisprudence.
2. Question students about their definitions of “law.” Make certain they understand the
importance of law in all aspects of our lives.
3. Discuss the various functions that law serves in society. You might do this by having the
students identify some of them.
a. Discuss the conflicts that arise between and among the various functions of law.
For example, there often are conflicts between the goals of individual freedom
and achieving social justice. Note the problems that arise when there is no clear
consensus on what is just.
b. Ask the students if they think that law ever is “over used.” They are likely to cite
numerous examples. For instance, this might be a time to talk about the product
liability cases that are regularly in the headlines. Perhaps the case involving the
woman who burned herself with coffee from McDonalds would be appropriate
here.
c. Have the students discuss what it means to have the law maintain order. You
might ask students if maintaining order means maintaining the status quo. This
can lead to a discussion of legal realism and views that law is used by those in
power to retain their power.
1-1
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
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,ACCESS Test Bank for Law for Business 14th Edition Barnes
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
4. There is a tendency for people to think of law as imposing duties without considering
how it establishes and preserves rights. Talk about how our system tries to match rights
with corresponding duties.
a. Explain how the duties, rights, and privileges make up substantive law.
b. Explain that procedural law provides the framework within which substantive
laws are created and enforced. Point out that Chapters 2 and 4 offer a more
detailed discussion of procedural law.
5. Ask the students to think of an example of a duty imposed by substantive law that might
violate some moral or ethical belief. This might be a good time to talk about the various
schools of legal jurisprudence. Have them speculate how a legal positivist would differ
from a legal sociologist or natural law theorist in handling such situations.
6. Contrast criminal law with civil law.
a. Point out that society considers it much worse to be convicted of a crime than to
be held civilly liable. Explain how, as a result, there are more exacting procedural
safeguards to protect a defendant in a criminal trial than in a civil trial.
b. Note the difference between compensatory damages and punitive damages.
Discuss the current uproar over punitive damages and the Supreme Court’s
attempt to rein them in. (See State Farm Mutual Automobile Insurance v.
Campbell, 123 S.Ct. 1513 (U.S. Sup.Ct. 2003) (establishing guideposts for
calculating punitive damages).
c. Point out that often one can be subject to sanctions under both criminal and civil
laws without violating the proscription against “double jeopardy.” Find out if the
students think that punitive damages in a civil trial, coupled with fines in a
criminal trial, constitute a type of double jeopardy.
Marinello v. United States
Marinello was charged with the crime of corruptly impeding the due administration of the Tax
Code after he engaged in several activities that underreported his taxable income. However, the
U.S. Supreme Court overturned his criminal conviction because Marinello was unaware that he
was under IRS investigation at the time of his activities. Citing the need to construe criminal
statutes narrowly, the Court ruled that the particular statute—the Omnibus Clause—did not cover
all activities that underreported income. The Court believed the statute covered a narrower range
of activities aimed directly at thwarting the activities of investigations when the taxpayer knew
or should have known an investigation was underway.
Points for Discussion: This case is placed in the text as an example of the general rules
underlying criminal law. Specifically, a person generally cannot be convicted of a crime unless
1-2
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
mynursytest.store
, ACCESS Test Bank for Law for Business 14th Edition Barnes
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
he or she violates a statute. However, such statutes must be objectively clear to a reasonable
person. This Government’s interpretation of this statute was believed to grant the Government
too much discretion in determining what constituted a crime.
7. The brief introduction to our legal system should be a review for most students.
a. The constitutional law material is more heavily discussed in Chapter 4. An
argument can be made for it to be presented immediately following this chapter.
However, we believe students should first review Chapter 2’s discussion of the
dispute resolution system.
b. Talk about the role of the courts in determining the constitutionality of legislation.
Do they believe this gives the courts too much power?
c. Explain the relationship between state laws and federal laws. Make certain the
students understand that state laws may not violate the federal constitution and
must be consistent with federal statutes.
Henry Schein v. Archer & White Sales
The Federal Arbitration Act provides that parties may, through their power to contract, agree that
their disputes will be arbitrated. In addition, the Act allows those same parties to agree that an
arbitrator, rather than a court, will determine whether that arbitration clause applies to any
particular dispute they may have. However, several federal appellate courts carved out a “wholly
groundless” exception to the latter rule by which they allowed courts to conclude that arbitration
was not appropriate when the court believed the claim of arbitrability was groundless. In this
case, the U.S. Supreme Court, citing both the statute and Supreme Court precedent, ruled that the
“wholly groundless” exception was impermissible because it contradicted the statute.
Points for Discussion: This case is an example of the limits on the judiciary’s discretion under
the common law. It illustrates that in the hierarchy of laws, legislative law is superior to judge-
made law. It also illustrates the role of precedent in interpreting statutes..
8. The material on statutory interpretation can be extremely important in laying the
foundation for how lawyers think. More importantly, it teaches students valuable critical
thinking skills. Take the students through the process for interpreting statutes. You may
discuss statutory interpretation and legal jurisprudence together. Note how positivists
often have problems moving beyond the “plain meaning” of words while natural law
theorists and legal sociologists are accused of ignoring them.
Yates v. United States
Yates was accused of throwing undersized fish into the Gulf of Mexico in order to prevent
authorities from discovering that he had been harvesting undersized fish. He was charged with
1-3
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
mynursytest.store
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
CHAPTER 1: LAW AND LEGAL REASONING
LECTURE OUTLINE
1. Discuss the Twisdale case that opens this chapter. It provides an interesting vehicle for
discussing the functions of law and legal interpretation.
a. Have your students identify the various functions of the law and then discuss
which specific functions are furthered by this anti-retaliation aspects of the Civil
Rights statute.
b. In the context of legal interpretation, the court found that Twisdale did seem to be
protected based on the literal language of the statute. However, it looked beyond
the plain meaning to reject his claim. Specifically, the court believed that
interpreting the law in a manner that would protect him from retaliation would
undermine the purpose of the statute. It is conceivable that the court is motivated
by public policy concerns as well.
c. What do your students think of courts who do look at intent and public policy?
Use this as a lead-in for a discussion of legal jurisprudence.
2. Question students about their definitions of “law.” Make certain they understand the
importance of law in all aspects of our lives.
3. Discuss the various functions that law serves in society. You might do this by having the
students identify some of them.
a. Discuss the conflicts that arise between and among the various functions of law.
For example, there often are conflicts between the goals of individual freedom
and achieving social justice. Note the problems that arise when there is no clear
consensus on what is just.
b. Ask the students if they think that law ever is “over used.” They are likely to cite
numerous examples. For instance, this might be a time to talk about the product
liability cases that are regularly in the headlines. Perhaps the case involving the
woman who burned herself with coffee from McDonalds would be appropriate
here.
c. Have the students discuss what it means to have the law maintain order. You
might ask students if maintaining order means maintaining the status quo. This
can lead to a discussion of legal realism and views that law is used by those in
power to retain their power.
1-1
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
mynursytest.store
,ACCESS Test Bank for Law for Business 14th Edition Barnes
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
4. There is a tendency for people to think of law as imposing duties without considering
how it establishes and preserves rights. Talk about how our system tries to match rights
with corresponding duties.
a. Explain how the duties, rights, and privileges make up substantive law.
b. Explain that procedural law provides the framework within which substantive
laws are created and enforced. Point out that Chapters 2 and 4 offer a more
detailed discussion of procedural law.
5. Ask the students to think of an example of a duty imposed by substantive law that might
violate some moral or ethical belief. This might be a good time to talk about the various
schools of legal jurisprudence. Have them speculate how a legal positivist would differ
from a legal sociologist or natural law theorist in handling such situations.
6. Contrast criminal law with civil law.
a. Point out that society considers it much worse to be convicted of a crime than to
be held civilly liable. Explain how, as a result, there are more exacting procedural
safeguards to protect a defendant in a criminal trial than in a civil trial.
b. Note the difference between compensatory damages and punitive damages.
Discuss the current uproar over punitive damages and the Supreme Court’s
attempt to rein them in. (See State Farm Mutual Automobile Insurance v.
Campbell, 123 S.Ct. 1513 (U.S. Sup.Ct. 2003) (establishing guideposts for
calculating punitive damages).
c. Point out that often one can be subject to sanctions under both criminal and civil
laws without violating the proscription against “double jeopardy.” Find out if the
students think that punitive damages in a civil trial, coupled with fines in a
criminal trial, constitute a type of double jeopardy.
Marinello v. United States
Marinello was charged with the crime of corruptly impeding the due administration of the Tax
Code after he engaged in several activities that underreported his taxable income. However, the
U.S. Supreme Court overturned his criminal conviction because Marinello was unaware that he
was under IRS investigation at the time of his activities. Citing the need to construe criminal
statutes narrowly, the Court ruled that the particular statute—the Omnibus Clause—did not cover
all activities that underreported income. The Court believed the statute covered a narrower range
of activities aimed directly at thwarting the activities of investigations when the taxpayer knew
or should have known an investigation was underway.
Points for Discussion: This case is placed in the text as an example of the general rules
underlying criminal law. Specifically, a person generally cannot be convicted of a crime unless
1-2
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
mynursytest.store
, ACCESS Test Bank for Law for Business 14th Edition Barnes
Barnes/Lemper/Richards Law for Business, 14e Instructor’s Manual
he or she violates a statute. However, such statutes must be objectively clear to a reasonable
person. This Government’s interpretation of this statute was believed to grant the Government
too much discretion in determining what constituted a crime.
7. The brief introduction to our legal system should be a review for most students.
a. The constitutional law material is more heavily discussed in Chapter 4. An
argument can be made for it to be presented immediately following this chapter.
However, we believe students should first review Chapter 2’s discussion of the
dispute resolution system.
b. Talk about the role of the courts in determining the constitutionality of legislation.
Do they believe this gives the courts too much power?
c. Explain the relationship between state laws and federal laws. Make certain the
students understand that state laws may not violate the federal constitution and
must be consistent with federal statutes.
Henry Schein v. Archer & White Sales
The Federal Arbitration Act provides that parties may, through their power to contract, agree that
their disputes will be arbitrated. In addition, the Act allows those same parties to agree that an
arbitrator, rather than a court, will determine whether that arbitration clause applies to any
particular dispute they may have. However, several federal appellate courts carved out a “wholly
groundless” exception to the latter rule by which they allowed courts to conclude that arbitration
was not appropriate when the court believed the claim of arbitrability was groundless. In this
case, the U.S. Supreme Court, citing both the statute and Supreme Court precedent, ruled that the
“wholly groundless” exception was impermissible because it contradicted the statute.
Points for Discussion: This case is an example of the limits on the judiciary’s discretion under
the common law. It illustrates that in the hierarchy of laws, legislative law is superior to judge-
made law. It also illustrates the role of precedent in interpreting statutes..
8. The material on statutory interpretation can be extremely important in laying the
foundation for how lawyers think. More importantly, it teaches students valuable critical
thinking skills. Take the students through the process for interpreting statutes. You may
discuss statutory interpretation and legal jurisprudence together. Note how positivists
often have problems moving beyond the “plain meaning” of words while natural law
theorists and legal sociologists are accused of ignoring them.
Yates v. United States
Yates was accused of throwing undersized fish into the Gulf of Mexico in order to prevent
authorities from discovering that he had been harvesting undersized fish. He was charged with
1-3
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
mynursytest.store
