Solution Manual
Law For Business
By Eric L. Richards A. James Barnes,
15th Edition
,Instuctor Manual For
Law For Business 15e Barnes
Chapter 1-47
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 Antiretaliation 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 ―Overused.‖ 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 Mcdonald’s 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.
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 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). Punitive Damages Are Discussed Further In Chapter 6.
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 That 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 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
Law For Business
By Eric L. Richards A. James Barnes,
15th Edition
,Instuctor Manual For
Law For Business 15e Barnes
Chapter 1-47
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 Antiretaliation 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 ―Overused.‖ 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 Mcdonald’s 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.
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 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). Punitive Damages Are Discussed Further In Chapter 6.
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 That 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 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
