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,TABLE OFCONTENTS ss
PART ONE: Introduction to the Law
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Chapter 1: Law and Legal Reasoning
s s ss ss ss ss ss
Chapter 2:
s s ss
Dispute Settlement ss
Chapter 3: Business Ethics and Corporate Social Responsibility
ss ss ss ss ss ss ss
Chapter 4: Business and the Constitution
ss ss ss ss ss ss
Chapter 5: Criminal Law and Procedure
ss ss ss ss ss
Chapter 6: Intentional Torts
ss ss ss ss
Chapter 7: Negligence and Strict Liability
ss ss ss ss ss
Chapter 8: Intellectual Property
ss ss ss ss
PART TWO: Contracts ss ss
Chapter 9: The Nature and Origins of Contracts
ss ss ss ss ss ss ss
Chapter 10: Creating a Contract: Offers
ss ss ss ss ss ss
Chapter 11: Creating a Contract: Acceptances
ss ss ss ss ss ss
Chapter 12: Consideration
ss ss ss
Chapter 13: Capacity to Contract ss ss ss ss
Chapter 14: Consent to Contract
ss ss ss ss ss
Chapter 15: Illegality
ss ss ss
Chapter 16: Form and Meaning of Contracts
ss ss ss ss ss ss
Chapter 17: Third Parties’ Contract Rights
ss ss ss ss ss ss
sChapter 18: Contract Performance and Remedies
s ss ss ss ss ss
PART THREE: Sales ss ss
Chapter 19: Formation and Terms of Sales Contracts
ss ss ss ss ss ss ss
Chapter 20: Warranties and Product Liability
ss ss ss ss ss ss
Chapter 21: Performance of Sales Contracts
ss ss ss ss ss ss
Chapter 22: Remedies for Breach of Sales Contracts
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PART FOUR: Agency and Employment
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Chapter 23: The Agency Relationship—Creation, Duties, and Termination Chapter
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24: Liability of Principals and Agents to Third Parties
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Chapter 25: Employment Laws ss ss ss
PART FIVE: Business Organizations
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Chapter 26: Which Form of Business Organization?
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Chapter 27: Partnerships
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Chapter 28: Formation and Termination of Corporations Chapter
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29: Management of the Corporate Business
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Chapter 30: Financing the Corporation and the Role of the Shareholders Chapter
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31: Securities Regulation
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Chapter 32: Legal Liability of Accountants
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,PART SIX: Property
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Chapter 33: Personal Property and Bailments
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Chapter 34: Real Property
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Chapter 35: Landlord and Tenant
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Chapter 36: Estates and Trusts
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Chapter 37: Insurance
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PART SEVEN: Commercial Paper
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Chapter 38: Negotiable Instruments
ss ss ss
Chapter 39: Negotiation and Holder in Due Course
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Chapter 40: Liability of Parties
ss ss ss ss ss
Chapter 41: Checks and Electronic Fund Transfers
ss ss ss ss ss ss
PART EIGHT: Credit Transactions
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Chapter 42: Introduction to Security
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Chapter 43: Security Interests in Personal Property
ss ss ss ss ss ss
Chapter 44: Bankruptcy
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PART NINE: Government Regulation
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Chapter 45: The Antitrust Laws Chapter
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46: Consumer Protection Laws Chapter
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47: Environmental Regulation
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, CHAPTER 1: LAWAND LEGALREASONING
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LECTURE OUTLINE
ss
1. Discuss the Twisdale case that opens this chapter. It provides an interesting vehicle
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for discussing the functions of law and legal interpretation.
ss ss ss ss ss ss ss ss
a. Have your students identify the various functions of the law and then discuss which
ss ss ss ss ss ss ss ss ss ss ss ss ss
specific functions are furthered by this antiretaliation aspects of the Civil Rights
ss ss ss ss ss ss ss s s ss ss ss ss
statute.
ss
b. In the context of legal interpretation, the court found that Twisdale did seem to be
ss ss ss ss ss ss ss ss ss s s ss ss ss ss
protected based on the literal language of the statute. However, it looked beyond
ss ss ss ss ss ss ss ss ss ss ss ss ss
the plain meaning to reject his claim. Specifically, the court believed that
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interpreting the law in a manner that would protect him from retaliation
ss ss s s ss ss ss ss ss ss ss ss
would undermine the purpose ofthe statute. It is conceivable that the court is
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motivated by public policy concerns as well.
ss ss ss ss ss ss ss
c. What do your students think of courts who do look at intent and public policy? Use
ss ss ss ss ss ss ss ss ss ss ss ss ss ss ss
thisas a lead-in for a discussion of legal jurisprudence.
ss ss ss ss ss ss ss ss
2. Question students about their definitions of ―law.‖ Make certain they understand
ss ss ss ss s ss ss ss ss ss
the importance of law in all aspects of our lives.
ss ss ss ss ss ss ss ss ss
3. Discuss the various functions that law serves in society. You might do this by having
ss ss ss ss ss ss ss ss ss ss ss ss ss ss
the students identify some of them.
ss ss ss ss ss
a. Discuss the conflicts that arise between and among the various functions of law. For
ss ss ss ss ss ss ss ss ss ss ss ss ss
example, there often are conflicts between the goals of individual freedom and
ss ss ss ss ss ss ss ss ss ss ss ss
achieving social justice. Note the problems that arise when there is no clear ss ss ss ss ss ss ss ss ss ss s s
consensus on what is just.
ss ss ss ss ss
b. Ask the students if they think that law ever is ―overused.‖ Theyare likely to cite numerous
ss ss ss ss s ss ss ss ss ss ss s ss ss ss ss
examples. For instance, this might be a time to talk about the product liabilitycases
ss ss ss ss ss ss ss ss ss ss ss ss ss ss
that are regularly in the headlines. Perhaps the case involving the woman who
ss ss ss ss ss ss ss ss ss ss ss
burned herself withcoffee from McDonald’s would be appropriate here.
ss ss ss ss ss ss ss ss ss
gh gh u n gh h d
gh
,TABLE OFCONTENTS ss
PART ONE: Introduction to the Law
ss ss ss ss ss
Chapter 1: Law and Legal Reasoning
s s ss ss ss ss ss
Chapter 2:
s s ss
Dispute Settlement ss
Chapter 3: Business Ethics and Corporate Social Responsibility
ss ss ss ss ss ss ss
Chapter 4: Business and the Constitution
ss ss ss ss ss ss
Chapter 5: Criminal Law and Procedure
ss ss ss ss ss
Chapter 6: Intentional Torts
ss ss ss ss
Chapter 7: Negligence and Strict Liability
ss ss ss ss ss
Chapter 8: Intellectual Property
ss ss ss ss
PART TWO: Contracts ss ss
Chapter 9: The Nature and Origins of Contracts
ss ss ss ss ss ss ss
Chapter 10: Creating a Contract: Offers
ss ss ss ss ss ss
Chapter 11: Creating a Contract: Acceptances
ss ss ss ss ss ss
Chapter 12: Consideration
ss ss ss
Chapter 13: Capacity to Contract ss ss ss ss
Chapter 14: Consent to Contract
ss ss ss ss ss
Chapter 15: Illegality
ss ss ss
Chapter 16: Form and Meaning of Contracts
ss ss ss ss ss ss
Chapter 17: Third Parties’ Contract Rights
ss ss ss ss ss ss
sChapter 18: Contract Performance and Remedies
s ss ss ss ss ss
PART THREE: Sales ss ss
Chapter 19: Formation and Terms of Sales Contracts
ss ss ss ss ss ss ss
Chapter 20: Warranties and Product Liability
ss ss ss ss ss ss
Chapter 21: Performance of Sales Contracts
ss ss ss ss ss ss
Chapter 22: Remedies for Breach of Sales Contracts
ss ss ss ss ss ss ss ss
PART FOUR: Agency and Employment
ss ss ss ss
Chapter 23: The Agency Relationship—Creation, Duties, and Termination Chapter
ss ss ss ss ss ss ss
24: Liability of Principals and Agents to Third Parties
ss ss ss ss ss ss ss ss ss
Chapter 25: Employment Laws ss ss ss
PART FIVE: Business Organizations
ss ss ss
Chapter 26: Which Form of Business Organization?
ss ss ss ss ss ss
Chapter 27: Partnerships
ss ss ss
Chapter 28: Formation and Termination of Corporations Chapter
ss ss ss ss ss ss
29: Management of the Corporate Business
ss ss ss ss ss ss
Chapter 30: Financing the Corporation and the Role of the Shareholders Chapter
ss ss ss ss ss ss ss ss ss ss
31: Securities Regulation
ss ss ss
Chapter 32: Legal Liability of Accountants
ss ss ss ss ss
,PART SIX: Property
ss ss
Chapter 33: Personal Property and Bailments
ss ss ss ss ss
Chapter 34: Real Property
ss ss ss ss
Chapter 35: Landlord and Tenant
ss ss ss ss
Chapter 36: Estates and Trusts
ss ss ss ss ss
Chapter 37: Insurance
ss ss ss
PART SEVEN: Commercial Paper
ss ss ss
Chapter 38: Negotiable Instruments
ss ss ss
Chapter 39: Negotiation and Holder in Due Course
ss ss ss ss ss ss ss
Chapter 40: Liability of Parties
ss ss ss ss ss
Chapter 41: Checks and Electronic Fund Transfers
ss ss ss ss ss ss
PART EIGHT: Credit Transactions
ss ss ss
Chapter 42: Introduction to Security
ss ss ss ss
Chapter 43: Security Interests in Personal Property
ss ss ss ss ss ss
Chapter 44: Bankruptcy
ss ss ss
PART NINE: Government Regulation
ss ss ss
Chapter 45: The Antitrust Laws Chapter
ss ss ss ss ss s s
46: Consumer Protection Laws Chapter
ss ss ss ss s s
47: Environmental Regulation
ss ss ss
, CHAPTER 1: LAWAND LEGALREASONING
ss ss ss
LECTURE OUTLINE
ss
1. Discuss the Twisdale case that opens this chapter. It provides an interesting vehicle
ss ss ss ss ss ss ss ss ss ss ss ss
for discussing the functions of law and legal interpretation.
ss ss ss ss ss ss ss ss
a. Have your students identify the various functions of the law and then discuss which
ss ss ss ss ss ss ss ss ss ss ss ss ss
specific functions are furthered by this antiretaliation aspects of the Civil Rights
ss ss ss ss ss ss ss s s ss ss ss ss
statute.
ss
b. In the context of legal interpretation, the court found that Twisdale did seem to be
ss ss ss ss ss ss ss ss ss s s ss ss ss ss
protected based on the literal language of the statute. However, it looked beyond
ss ss ss ss ss ss ss ss ss ss ss ss ss
the plain meaning to reject his claim. Specifically, the court believed that
ss ss ss ss ss ss ss ss ss ss ss
interpreting the law in a manner that would protect him from retaliation
ss ss s s ss ss ss ss ss ss ss ss
would undermine the purpose ofthe statute. It is conceivable that the court is
ss ss ss ss ss ss ss ss ss ss ss ss
motivated by public policy concerns as well.
ss ss ss ss ss ss ss
c. What do your students think of courts who do look at intent and public policy? Use
ss ss ss ss ss ss ss ss ss ss ss ss ss ss ss
thisas a lead-in for a discussion of legal jurisprudence.
ss ss ss ss ss ss ss ss
2. Question students about their definitions of ―law.‖ Make certain they understand
ss ss ss ss s ss ss ss ss ss
the importance of law in all aspects of our lives.
ss ss ss ss ss ss ss ss ss
3. Discuss the various functions that law serves in society. You might do this by having
ss ss ss ss ss ss ss ss ss ss ss ss ss ss
the students identify some of them.
ss ss ss ss ss
a. Discuss the conflicts that arise between and among the various functions of law. For
ss ss ss ss ss ss ss ss ss ss ss ss ss
example, there often are conflicts between the goals of individual freedom and
ss ss ss ss ss ss ss ss ss ss ss ss
achieving social justice. Note the problems that arise when there is no clear ss ss ss ss ss ss ss ss ss ss s s
consensus on what is just.
ss ss ss ss ss
b. Ask the students if they think that law ever is ―overused.‖ Theyare likely to cite numerous
ss ss ss ss s ss ss ss ss ss ss s ss ss ss ss
examples. For instance, this might be a time to talk about the product liabilitycases
ss ss ss ss ss ss ss ss ss ss ss ss ss ss
that are regularly in the headlines. Perhaps the case involving the woman who
ss ss ss ss ss ss ss ss ss ss ss
burned herself withcoffee from McDonald’s would be appropriate here.
ss ss ss ss ss ss ss ss ss