Business Law Texts And Cases Pdf
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- Business Law: Text and Cases
- (PDF) Business Law: Text & Cases - The First Course by Roger LeRoy Miller
- Business Law: Text and Cases (14th Edition) – eBook
Business Law: Text and Cases
All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Copyright Cengage Learning. Frank B. Cross Herbert D. If any society is to survive, its citizens must be able to determine what is legally right and legally wrong.
They must know what sanctions will be imposed on them if they commit wrongful acts. By setting forth the rights, obligations, and privileges of citizens, the law enables individuals to go about their business with confidence and a certain degree of predictability. Although law has various definitions, they are all based on the general observation that law consists of enforceable rules governing relationships among individuals and between individuals and their society.
They may be set forth in a law code, such as the Code of Hammurabi in ancient Babylon c. They may consist of written laws and court decisions created by modern legislative and judicial bodies, as in the United States. Regardless of how such rules are created, they all have one thing in common: they establish rights, duties, and. Business Activities and the Legal Environment Laws and government regulations affect almost all business activities—from hiring and firing decisions to workplace safety, the manufacturing and marketing of products, business financing, and more.
To make good business decisions, a basic knowledge of the laws and regulations governing these activities is beneficial—if not essential. Businesspersons are also pressured to make ethical decisions. Thus, the study of business law necessarily involves an ethical dimension. In this introductory chapter, we first look at an important question for any student reading this text: How does the legal environment affect business decision making?
We next describe the major sources of American law, the common law tradition, and some basic schools of legal thought. We conclude the chapter with sections offering practical guidance on several topics, including how to find the sources of law discussed in this chapter and referred to throughout the text and how to read and understand court opinions.
Many Different Laws May Affect a Single Business Decision As you will note, each chapter in this text covers specific areas of the law and shows how the legal rules in each area affect business activities. Though compartmentalizing the law in this fashion promotes conceptual clarity, it does not indicate the extent to which a number of different laws may apply to just one decision. Their claims involved alleged theft of intellectual property see Chapter 8 , fraudulent misrepresentation see Chapter 15 , partnership law and securities law.
The IPO did not go well, however, and many investors suffered losses. Facebook is facing dozens of lawsuits including class actions related to business decisions made with regard to the IPO and alleged violations of securities laws.
Learn what you can about the laws pertaining to that specific enterprise or transaction. Have some idea of the legal ramifications of your business decisions and seek the advice of counsel when in doubt. Exhibit 1—1 on the following page illustrates the various areas of law that may influence business decision making. Businesspersons must also take ethics into account.
As you will learn in Chapter 5, ethics generally is defined as the principles governing what constitutes right or wrong behavior. Today, business decision makers need to consider not just whether a decision is legal, but also whether it is ethical. Often, as in several of the claims against Facebook discussed above, disputes arise in business because one party feels that he or she has been treated unfairly. Thus, the underlying reason for bringing some lawsuits is a breach of ethical duties such as when a partner or employee attempts to secretly take advantage of a business opportunity.
Throughout this text, you will learn about the relationship between the law and ethics, as well as about some of the types of ethical questions that often arise in business. For example, the unit-ending Focus on Ethics features are devoted solely to the exploration of ethical questions pertaining to topics treated within the unit.
A Question of Ethics case problem is included at the conclusion of every chapter to introduce you to the ethical aspects of specific cases involving real-life situations. Additionally, Chapter 5 offers a detailed look at the importance of business ethics. Sources of American Law There are numerous sources of American law.
Primary sources of law, or sources that establish the law, include the following: 1. The U. Constitution and the constitutions of the various states. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, such as the Food and Drug Administration. Case law and common law doctrines. We describe each of these important sources of law in the following pages. Secondary sources of law are books and articles that summarize and clarify the primary sources of law.
Examples include legal encyclopedias, treatises, articles in law reviews, and compilations of law, such as the Restatements of the Law which will be discussed shortly. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law discussed here. The federal government and the states have separate written constitutions that set forth the general organization, powers, and limits of their respective governments.
Constitutional law is the law as expressed in these constitutions. According to Article VI of the U. Constitution, the Constitution is the supreme law of the land. As such, it is the basis of all law in the United States. A law in violation of the Constitution, if challenged, will be declared unconstitutional and will not be enforced, no matter what its source.
Because of its importance in the American legal system, we present the complete text of the U. Constitution in Appendix B and discuss it in depth in Chapter 4. The Tenth Amendment to the U. Constitution reserves to the states all powers not granted to the federal government.
Each state in the union has its own constitution. Unless it conflicts with the U. Laws enacted by legislative bodies at any level of government, such as statutes passed by Congress or by state legislatures, make up the body of law known as statutory law. When a legislature passes a statute, that statute ultimately is included in the federal code of laws or the relevant state code of laws discussed later in this chapter.
Statutory law also includes local ordinances— statutes laws, rules, or orders passed by municipal or county governing units to govern matters not covered by federal or state law. Ordinances commonly have to do with city or county land use zoning ordinances , building and safety codes, and other matters affecting the local community.
A federal statute, of course, applies to all states. State laws thus may vary from state to state. No federal statute may violate the U. Constitution, and no state statute or local ordinance may violate the U. Constitution or the relevant state constitution. Each state has the option of adopting or rejecting a uniform law.
Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state. Note that a state legislature may adopt all or part of a uniform law as it is written, or the legislature may rewrite the law however the legislature wishes. Over the following decades, other acts were drawn up in a similar manner. The most ambitious uniform act of all, however, was the Uniform Commercial Code.
The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. Because of its importance in the area of commercial law, we cite the UCC frequently in this text. Administrative Law Another important source of American law is administrative law, which consists of the rules, 1. This institute was formed in the s and consists of practicing attorneys, legal scholars, and judges. Louisiana has not adopted Articles 2 and 2A covering contracts for the sale and lease of goods , however.
An administrative agency is a federal, state, or local government agency established to perform a specific function. Administrative law and procedures constitute a dominant element in the regulatory environment of business.
Regulations enacted to protect the environment also often play a significant role in business operations. Food and Drug Administration, for example, is an agency within the U. Department of Health and Human Services. Executive agencies are subject to the authority of the president, who has the power to appoint and remove their officers. There are also major independent regulatory agencies at the federal level, such as the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Communications Commission.
Commonly, a state agency such as a state pollution-control agency is created as a parallel to a federal agency such as the Environmental Protection Agency. Just as federal statutes take precedence over conflicting state statutes, federal agency regulations take precedence over conflicting state regulations.
Case Law and Common Law Doctrines The rules of law announced in court decisions constitute another basic source of American law. These rules include interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies.
Today, this body of judge-made law is referred to as case law. Case law—the doctrines and principles announced in cases—governs all areas not covered by. A person can direct the passage of his or her property after death by will, subject to certain limitations imposed by the state. A person who dies without having created a valid will is said to have died intestate. In this situation, state intestacy laws prescribe the distribution of the property among heirs or next of kin.
If no heirs or kin can be found,. In addition, a person can transfer property through a trust. When a trust is created, the owner who may be called the grantor or the settlor of the property transfers legal title to a trustee.
(PDF) Business Law: Text & Cases - The First Course by Roger LeRoy Miller
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Publisher: Saylor Foundation. The text is comprehensive, in that there are 53 chapters that cover what one would expect a business law text to cover, including intellectual property, real property, and bankruptcy. There is no index or glossary. A table of cases would be Comprehensiveness rating: 4 see less.
Business Law: Text and Cases PDF Kenneth W. Clarkson Cengage Learning Comprehensive, authoritative, and reader-friendly, market-leader BUSINESS.
Business Law: Text and Cases (14th Edition) – eBook
All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Copyright Cengage Learning.
Она часто работала с ним допоздна и, единственная из всех сотрудников, нисколько его не боялась. Соши посмотрела на него с укором и сердито спросила: - Какого дьявола вы не отвечаете. Я звонила вам на мобильник.
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Тогда он дал бы нам ключ, чтобы мы могли уничтожить вирус.
Подойдя вплотную, незнакомец буквально пронзил ее взглядом. - Кто это? - спросил. - Сьюзан Флетчер, - ответил Бринкерхофф. Человек-гигант удивленно поднял брови.
Технология развивается в геометрической профессии, и рано или поздно алгоритмы, которыми пользуется общество, перестанут быть надежными. Понадобятся лучшие алгоритмы, чтобы противостоять компьютерам завтрашнего дня. - Такова Цифровая крепость. - Конечно.
Стратмор закрыл дверцу холодильника и без тени волнения взглянул на Чатрукьяна.
- Она мертва. Беккер обернулся как во сне. - Senor Becker? - прозвучал жуткий голос. Беккер как завороженный смотрел на человека, входящего в туалетную комнату. Он показался ему смутно знакомым.
Нет. - Стратмор хмуро посмотрел на нее и двинулся к двери. - Но будем надеяться, что он этого не узнает. ГЛАВА 76 У подъезда севильского аэропорта стояло такси с работающим на холостом ходу двигателем и включенным счетчиком. Пассажир в очках в тонкой металлической оправе, вглядевшись сквозь стеклянную стену аэровокзала, понял, что прибыл вовремя.
Отлично. А теперь - за работу.