SolutionManual
f
DynamicBusinessLaw,6thEdition
f f f f
ByNancyKubasek
f f
,Chapter 1- An Introduction to Dynamic Business Law
f f f f f f f f
CHAPTER OVERVIEW f
Chapter One lays the foundation for the textbook. Make sure you look on the publisher‘s
f f f f f f f f f f f f f f
fweb site for information about how business law intersects with the six functional areas of business.
f f f f f f f f f f f f f f f
The authors encourage students to ―connect to the core,‖ and remember the ways in which law
f f f f f f f f f f f f f f f f f
intersects with other areas of study, including corporate management, production and
f f f f f f f f f f f
ftransportation, marketing, research and development, accounting and finance, and human f f f f f f f f f
resource management.
f f
This manual supports the ―connecting to the core‖ theme by giving ideas for assignments that
f f f f f f f f f f f f f f
encourage students to integrate their business law knowledge with knowledge they are
f f f f f f f f f f f f
facquiring from their other business classes. The manual also encourages professors to improve
f f f f f f f f f f f f
their teaching skills. Finally, the manual suggests teaching ideas for both beginning and
f f f f f f f f f f f f f
experienced teachers.
f f
LEARNING OBJECTIVES f
After reading this chapter, students will be able to:
f f f f f f f f
1-1 Define business law. f f
1-2 Relate the functional areas of business to the relevant areas of business
f f f f f f f f f f f
law1- 3 Recall the purposes of law.
f f f f f f f
1-4 Distinguish among types of law. f f f f
1-5 Differentiate between sources of the law. f f f f f
1-6 Identify the various schools of jurisprudence. f f f f f
LECTURE NOTES WITH DEFINITIONS f f f
In the news…
f f Teaching tip: For each chapter, consider asking students to relate current news f f f f f f f f f f f
items to material from the chapter.
f f f f f f
In addition to ideas students come up with on their own, consider weaving in
f f f f f f f f f f f f f
fnews stories provided by the McGraw Hill.
f f f f f f
For Chapter One, McGraw Hill offers the following stories:
f f f f f f f f
―Smoking Ban: Tobacco Tyrants: Gone Too Far? Many States Are Putting f f f f f f f f f f
Stronger Restrictions on Where You Can Smoke‖
f f f f f f f
• Have states gone too far in banning smoking? f f f f f f f
, • Whose interests are state legislatures looking out for in f f f f f f f f
banning smoking?
f f
―College Officer DealingsWith Lenders Scrutinized.‖ f f f f f
• Should regulators take a more careful look at college officers? f f f f f f f f f
• Why created changes in the ways college officers interact with lenders? f f f f f f f f f f
1-1 Define f Business law consists of the enforceable rules of conduct that
f f f f f f f f f
fbusiness law. f govern commercial relationships.
f f f
1-2 Relate the
f f Business law applies to the six functional areas of business:
f f f f f f f f f
functional areas
f f
• Corporate management f
of business to
f f f
• Production and transportation
the relevant
f f
• Marketing
f f
areas of
f f
business law.
f f
• Research and development f f
• Accounting and finance f f
• Human resource management f f
1-3 Recall the
f f • Providing order f
fpurposes of f • Serving as an alternative to fighting f f f f f
law.
f
• Facilitating a sense that change is possible f f f f f f
• Encouraging social justice f f
• Guaranteeing personal freedoms f f
• Serving as a moral guide f f f f
1-4 Distinguish
f One way to classify law:
f f f f
famong types of f f
Private law involves disputes between private individuals or groups.
f f f f f f f f
law.
f
Public law involves disputes between private individuals or groups
f f f f f f f f
and their government.
f f f
A second way to classify law:
f f f f f
Civil law involves the rights and responsibilities involved in
f f f f f f f f
relationshipsbetween persons and between persons and their government.
f f f f f f f f
Criminal law involves incidents in which someone commits an act against
f f f f f f f f f f
the public as a unit.
f f f f f
Teaching tip: Ask students to give an example of a fact situation that
f f f f f f f f f f f f
led to both criminal and civil lawsuits, e.g., the O.J. Simpson trials.
f f f f f f f f f f f f
1-5 Differentiate
f Sources of business law are: f f f f
between sources
f f
1. Constitutions
of the law.
f f f
Constitutional law refers to the general limits and powers of f f f f f f f f f
governments as stated in their written constitutions.
f f f f f f f
2. Statutes or legislative actions f f f
3. Cases
Case law (or common law) is the collection of legal interpretations
f f f f f f f f f f
made by judges.
f f f
Stare decisis means courts are relying on precedent.
f f f f f f f
Teaching tip: The first time your students encounter an appellate case in
f f f f f f f f f f f
the
f
, readings, show them what stare decisis looks like in the context of a real case.
f f f f f f f f f f f f f f
4. Administrative law f
Administrative law is the collection of rules and decisions f f f f f f f f
fmade by administrative agencies.
f f f
5. Treaties
A treaty is a binding agreement between two states or
f f f ff f f f f f
finternational organizations. f
6. Executive orders
f f f
An executive order is a directive that comes from the president or
f f f f f f f f f f f
stategovernor.
f
1-6 Identify the
f f Schools of jurisprudence are common guides to legal interpretation.
f f f f f f f f
various schools
f f
• Natural law—certain ethical laws and principles are morally right f f f f f f f f
of
f
and f
jurisprudence.
f
―above‖ the laws devised by humans. f f f f f
• Legal Positivism—assumes the legitimate political authority f f f f f
deserves our obedience when it issues a rule.
f f f f f f f f
• Identification with the Vulnerable—emphasis on fairness and f f f f f f
looking out for those with the least power.
f f f f f f f f
• Historical School/Tradition—emphasis on the use of stare decisis. f f f f f f f
• Legal Realism—judges consider social and economic conditions. f f f f f f
• Cost-benefit Analysis—make calculations to maximize the f f f f f
ratio of benefits to costs.
f f f f f
Teaching tip: Consider using ―The Case of the Speluncean f f f f f f f f
Global and f At
f
this point
Explorers in theto make
(link below)
f textbook, students
the schools should merely
of jurisprudence
f
f
have an
come alive. f
f f
f
f
f f f
f
f f
f f
f f
f f
Comparative
f fawareness that globalization has affected the scope of business law. f f f f f f f f f
Law
f Consequently, we highlight the definitions to the following key terms that
f f f f f f f f f f f
will come up later in the book:
f ff f f f f f
•
Trade, i.e. the exchange of goods or services, on a global scale f f f f f f f f f f f
has ledto the creation of trade agreements that serve as de facto
f f f f f f f f f f f f
rules governingthe global business environment.
f f f f f f
• Comparative law—the field of law that studies and compares laws f f f f f f f f f
in different countries.
f f f
Appendix on f Critical thinking includes the application of evaluative standards to
f f f f f f f f
Critical Thinking
f f fassess the quality or the reasoning being offered to support the
f f f f f f f f f f
and Business
f f conclusion. Critical thinkers will follow this pattern of careful thinking when
f f f f f f f f f f f
they read an argument:
f f ff f
1. Find the facts. f f
2. Look for the issue. f f f
3. Identify the judge‘s reasons and conclusion. f f f f f
4. Locate in the decision the rules of law that govern the judge‘s reasoning.
f f f f f f f f f f f f
5. Apply critical thinking to the reasoning. Evaluate the reasoning.
f f f f f f f f
• Look for potential ambiguity. f f f
• Consider the strength of analogies. f f f f
f
DynamicBusinessLaw,6thEdition
f f f f
ByNancyKubasek
f f
,Chapter 1- An Introduction to Dynamic Business Law
f f f f f f f f
CHAPTER OVERVIEW f
Chapter One lays the foundation for the textbook. Make sure you look on the publisher‘s
f f f f f f f f f f f f f f
fweb site for information about how business law intersects with the six functional areas of business.
f f f f f f f f f f f f f f f
The authors encourage students to ―connect to the core,‖ and remember the ways in which law
f f f f f f f f f f f f f f f f f
intersects with other areas of study, including corporate management, production and
f f f f f f f f f f f
ftransportation, marketing, research and development, accounting and finance, and human f f f f f f f f f
resource management.
f f
This manual supports the ―connecting to the core‖ theme by giving ideas for assignments that
f f f f f f f f f f f f f f
encourage students to integrate their business law knowledge with knowledge they are
f f f f f f f f f f f f
facquiring from their other business classes. The manual also encourages professors to improve
f f f f f f f f f f f f
their teaching skills. Finally, the manual suggests teaching ideas for both beginning and
f f f f f f f f f f f f f
experienced teachers.
f f
LEARNING OBJECTIVES f
After reading this chapter, students will be able to:
f f f f f f f f
1-1 Define business law. f f
1-2 Relate the functional areas of business to the relevant areas of business
f f f f f f f f f f f
law1- 3 Recall the purposes of law.
f f f f f f f
1-4 Distinguish among types of law. f f f f
1-5 Differentiate between sources of the law. f f f f f
1-6 Identify the various schools of jurisprudence. f f f f f
LECTURE NOTES WITH DEFINITIONS f f f
In the news…
f f Teaching tip: For each chapter, consider asking students to relate current news f f f f f f f f f f f
items to material from the chapter.
f f f f f f
In addition to ideas students come up with on their own, consider weaving in
f f f f f f f f f f f f f
fnews stories provided by the McGraw Hill.
f f f f f f
For Chapter One, McGraw Hill offers the following stories:
f f f f f f f f
―Smoking Ban: Tobacco Tyrants: Gone Too Far? Many States Are Putting f f f f f f f f f f
Stronger Restrictions on Where You Can Smoke‖
f f f f f f f
• Have states gone too far in banning smoking? f f f f f f f
, • Whose interests are state legislatures looking out for in f f f f f f f f
banning smoking?
f f
―College Officer DealingsWith Lenders Scrutinized.‖ f f f f f
• Should regulators take a more careful look at college officers? f f f f f f f f f
• Why created changes in the ways college officers interact with lenders? f f f f f f f f f f
1-1 Define f Business law consists of the enforceable rules of conduct that
f f f f f f f f f
fbusiness law. f govern commercial relationships.
f f f
1-2 Relate the
f f Business law applies to the six functional areas of business:
f f f f f f f f f
functional areas
f f
• Corporate management f
of business to
f f f
• Production and transportation
the relevant
f f
• Marketing
f f
areas of
f f
business law.
f f
• Research and development f f
• Accounting and finance f f
• Human resource management f f
1-3 Recall the
f f • Providing order f
fpurposes of f • Serving as an alternative to fighting f f f f f
law.
f
• Facilitating a sense that change is possible f f f f f f
• Encouraging social justice f f
• Guaranteeing personal freedoms f f
• Serving as a moral guide f f f f
1-4 Distinguish
f One way to classify law:
f f f f
famong types of f f
Private law involves disputes between private individuals or groups.
f f f f f f f f
law.
f
Public law involves disputes between private individuals or groups
f f f f f f f f
and their government.
f f f
A second way to classify law:
f f f f f
Civil law involves the rights and responsibilities involved in
f f f f f f f f
relationshipsbetween persons and between persons and their government.
f f f f f f f f
Criminal law involves incidents in which someone commits an act against
f f f f f f f f f f
the public as a unit.
f f f f f
Teaching tip: Ask students to give an example of a fact situation that
f f f f f f f f f f f f
led to both criminal and civil lawsuits, e.g., the O.J. Simpson trials.
f f f f f f f f f f f f
1-5 Differentiate
f Sources of business law are: f f f f
between sources
f f
1. Constitutions
of the law.
f f f
Constitutional law refers to the general limits and powers of f f f f f f f f f
governments as stated in their written constitutions.
f f f f f f f
2. Statutes or legislative actions f f f
3. Cases
Case law (or common law) is the collection of legal interpretations
f f f f f f f f f f
made by judges.
f f f
Stare decisis means courts are relying on precedent.
f f f f f f f
Teaching tip: The first time your students encounter an appellate case in
f f f f f f f f f f f
the
f
, readings, show them what stare decisis looks like in the context of a real case.
f f f f f f f f f f f f f f
4. Administrative law f
Administrative law is the collection of rules and decisions f f f f f f f f
fmade by administrative agencies.
f f f
5. Treaties
A treaty is a binding agreement between two states or
f f f ff f f f f f
finternational organizations. f
6. Executive orders
f f f
An executive order is a directive that comes from the president or
f f f f f f f f f f f
stategovernor.
f
1-6 Identify the
f f Schools of jurisprudence are common guides to legal interpretation.
f f f f f f f f
various schools
f f
• Natural law—certain ethical laws and principles are morally right f f f f f f f f
of
f
and f
jurisprudence.
f
―above‖ the laws devised by humans. f f f f f
• Legal Positivism—assumes the legitimate political authority f f f f f
deserves our obedience when it issues a rule.
f f f f f f f f
• Identification with the Vulnerable—emphasis on fairness and f f f f f f
looking out for those with the least power.
f f f f f f f f
• Historical School/Tradition—emphasis on the use of stare decisis. f f f f f f f
• Legal Realism—judges consider social and economic conditions. f f f f f f
• Cost-benefit Analysis—make calculations to maximize the f f f f f
ratio of benefits to costs.
f f f f f
Teaching tip: Consider using ―The Case of the Speluncean f f f f f f f f
Global and f At
f
this point
Explorers in theto make
(link below)
f textbook, students
the schools should merely
of jurisprudence
f
f
have an
come alive. f
f f
f
f
f f f
f
f f
f f
f f
f f
Comparative
f fawareness that globalization has affected the scope of business law. f f f f f f f f f
Law
f Consequently, we highlight the definitions to the following key terms that
f f f f f f f f f f f
will come up later in the book:
f ff f f f f f
•
Trade, i.e. the exchange of goods or services, on a global scale f f f f f f f f f f f
has ledto the creation of trade agreements that serve as de facto
f f f f f f f f f f f f
rules governingthe global business environment.
f f f f f f
• Comparative law—the field of law that studies and compares laws f f f f f f f f f
in different countries.
f f f
Appendix on f Critical thinking includes the application of evaluative standards to
f f f f f f f f
Critical Thinking
f f fassess the quality or the reasoning being offered to support the
f f f f f f f f f f
and Business
f f conclusion. Critical thinkers will follow this pattern of careful thinking when
f f f f f f f f f f f
they read an argument:
f f ff f
1. Find the facts. f f
2. Look for the issue. f f f
3. Identify the judge‘s reasons and conclusion. f f f f f
4. Locate in the decision the rules of law that govern the judge‘s reasoning.
f f f f f f f f f f f f
5. Apply critical thinking to the reasoning. Evaluate the reasoning.
f f f f f f f f
• Look for potential ambiguity. f f f
• Consider the strength of analogies. f f f f
