INSTRUCTOR MANUAL FOR
Dynamic Business Law The Essentials 6 Edition
by Kubasek
All Chapters (1-25) | Expert Verified Answers | Graded A+
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Chapter 1 - An Introduction to Dynamic Business Law
CHAPTER OVERVIEW
Chapter One lays the foundation for the textbook. Make sure you look on the publisher‘s web site
for information about how business law intersects with the six functional areas of business. The
authors encourage students to ―connect to the core,‖ and remember the ways in which law
intersects with other areas of study, including corporate management, production and
transportation, marketing, research and development, accounting and finance, and human resource
management.
This manual supports the ―connecting to the core‖ theme by giving ideas for assignments that
encourage students to integrate their business law knowledge with knowledge they are acquiring
from their other business classes. The manual also encourages professors to improve their teaching
skills. Finally, the manual suggests teaching ideas for both beginning and experienced teachers.
LEARNING OBJECTIVES
After reading this chapter, students will be able to:
1-1 Define business law.
1-2 Relate the functional areas of business to the relevant areas of
business law 1-3 Recall the purposes of law.
1-4 Distinguish among types of law.
1-5 Differentiate between sources of the law.
1-6 Identify the various schools of jurisprudence.
LECTURE NOTES WITH DEFINITIONS
In the news… Teaching tip: For each chapter, consider asking students to relate current
news items to material from the chapter.
In addition to ideas students come up with on their own, consider weaving
in news stories provided by the McGraw Hill.
For Chapter One, McGraw Hill offers the following stories:
―Smoking Ban: Tobacco Tyrants: Gone Too Far? Many States Are Putting
Stronger Restrictions on Where You Can Smoke‖
Have states gone too far in banning smoking?
Whose interests are state legislatures looking out for in
banning smoking?
―College Officer Dealings With Lenders Scrutinized.‖
Should regulators take a more careful look at college officers?
Why created changes in the ways college officers interact with
lenders?
1-1 Define business Business law consists of the enforceable rules of conduct that
law. govern commercial relationships.
4-2
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1-2 Relate the Business law applies to the six functional areas of business:
functional areas of Corporate management
business to the Production and transportation
relevant areas of
business law. Marketing
Research and development
Accounting and finance
Human resource management
1-3 Recall the Providing order
purposes of Serving as an alternative to fighting
law. Facilitating a sense that change is possible
Encouraging social justice
Guaranteeing personal freedoms
Serving as a moral guide
1-4 Distinguish One way to classify law:
among types of law. Private law involves disputes between private individuals or groups.
Public law involves disputes between private individuals or groups and
their government.
A second way to classify law:
Civil law involves the rights and responsibilities involved in
relationships between persons and between persons and their government.
Criminal law involves incidents in which someone commits an act against
the public as a unit.
Teaching tip: Ask students to give an example of a fact situation that led
to both criminal and civil lawsuits, e.g., the O.J. Simpson trials.
1-5 Differentiate Sources of business law are:
between sources of 1. Constitutions
the law. Constitutional law refers to the general limits and powers of governments
as stated in their written constitutions.
2. Statutes or legislative actions
3. Cases
Case law (or common law) is the collection of legal interpretations made by
judges.
Stare decisis means courts are relying on precedent.
Teaching tip: The first time your students encounter an appellate case in
the
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readings, show them what stare decisis looks like in the context of a real
case.
4. Administrative law
Administrative law is the collection of rules and decisions made
by administrative agencies.
5. Treaties
A treaty is a binding agreement between two states or
international organizations.
6. Executive orders
An executive order is a directive that comes from the president or
state governor.
1-6 Identify the Schools of jurisprudence are common guides to legal interpretation.
various schools of Natural law—certain ethical laws and principles are morally right
jurisprudence. and
―above‖ the laws devised by humans.
Legal Positivism—assumes the legitimate political authority
deserves our obedience when it issues a rule.
Identification with the Vulnerable—emphasis on fairness and
looking out for those with the least power.
Historical School/Tradition—emphasis on the use of stare decisis.
Legal Realism—judges consider social and economic conditions.
Cost-benefit Analysis—make calculations to maximize the ratio
of benefits to costs.
Teaching tip: Consider using ―The Case of the Speluncean Explorers
(link below) to make the schools of jurisprudence come alive.
Global and At this point in the textbook, students should merely have an awareness
Comparative that globalization has affected the scope of business law. Consequently, we
Law highlight the definitions to the following key terms that will come up later
in the book:
Trade, i.e. the exchange of goods or services, on a global scale has
led to the creation of trade agreements that serve as de facto rules
governing the global business environment.
Comparative law—the field of law that studies and compares laws
in different countries.
Appendix on Critical Critical thinking includes the application of evaluative standards to assess
Thinking and the quality or the reasoning being offered to support the conclusion.
Business Critical thinkers will follow this pattern of careful thinking when they read
an argument:
1. Find the facts.
2. Look for the issue.
3. Identify the judge‘s reasons and conclusion.
4. Locate in the decision the rules of law that govern the judge‘s reasoning.
5. Apply critical thinking to the reasoning. Evaluate the reasoning.
Look for potential ambiguity.
Consider the strength of analogies.
4-4
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