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Case 10.1 HARPER V. WINSTON COUNTY AND SANDRA WRIGHT Supreme Court of Alabama 892 So. 2d 346; 21 L.E.R. Cas. (BNA) 567; 2004 Ala. LEXIS 98 [April 23, 2004] FACTS:  Sherry Harper was employed by the Winston County Department […]

Case 10.2 EHLING V. MONMOUTH-OCEAN HOSPITAL SERVICE CORP. United States District Court for the District of New Jersey 872 F. Supp. 2d 369; 88 A.L.R.6th 735; 2012 U.S. Dist. LEXIS 74558 [May 30, 2012] FACTS:  Plaintiff Deborah Ehling was […]

Case 10.3 IANNELI V. BURGER KING CORPORATION Supreme Court of New Hampshire 145 N.H. 190; 761 A.2d 417; 2000 N.H. LEXIS 42 [August 18, 2000] FACTS:  The Plaintiffs, Nicholas and Jodiann Ianneli, individually and on behalf of their three […]

Case 11.1 AL MINOR & ASSOCIATES, INC. V. MARTIN Supreme Court of Ohio 117 Ohio St.3d 58; 881 N.E.2d 850; 2008 Ohio LEXIS 240 [February 6, 2008] FACTS:  AMA is an actuarial firm that designs and administers retirement plan […]

Case 11.2 ASSOCIATION FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS, INC. Supreme Court of the United States 133 S.Ct. 2107; 186 L.Ed. 2d 124; 2013 U.S. LEXIS 4540 [June 13, 2013] FACTS:  Myriad Genetics, Inc. (Myriad) produced a true research […]

Case 11.3 KRAFT FOODS GROUP BRANDS LLC V. CRACKER BARREL OLD COUNTRY STORES, INC. United States Court of Appeals 735 F.3d 735; 108 U.S.P.Q.2d (BNA) 1630; 2013 U.S. App. LEXIS 23124 [November 14, 2013] FACTS:  Kraft is a well-known […]

Case 11.4 CAMPBELL V. ACUFF-ROSE MUSIC, INC. Supreme Court of the United States 510 U.S. 569; 114 S. Ct. 1164; 1994 U.S. LEXIS 2052 [March 7, 1994] FACTS:  In 1964, Roy Orbison and William Dees wrote a rock balled […]

Case 12.1 KIOBEL V. ROYAL DUTCH PETROLEUM, COMPANY United States Court of Appeals 621 F.3d 111; 2010 U.S. App. LEXIS 19382 [September 17, 2010] FACTS:  Plaintiffs, who were residents of the Ogoni Region of Nigeria (Nigerian nationals residing in […]

Case 13.1 RILEY V. CALIFORNIA Supreme Court of the United States 134 S. Ct. 2473; 189 L.Ed.2d 430; 2014 U.S. LEXIS 4497 [April 29, 2014] FACTS:  Petitioner David Riley was stopped by a police officer for driving with expired […]

Case 13.2 SKILLING V. UNITED STATES Supreme Court of the United States 561 U.S. 358; 130 S. Ct. 2896; 2010 U.S. LEXIS 5259 [June 24, 2010] FACTS:  Founded in 1985, Enron Corporation grew from its headquarters in Houston, Texas, […]

Case 14.1 ALLI AND BSA CORPORATION V. UNITED STATES United States Court of Federal Claims 83 Fed.CI. 250; 2008 U.S. Claims LEXIS 236 [August 26, 2008] FACTS:  Dr. Alli and his wife, Shaki, were property owners who sued the […]

Case 14.2 FEDERAL COMMUNICATIONS COMMISSION V. AT&T INC. Supreme Court of the United States 562 U.S. 397; 131 S.Ct. 1177; 2011 U.S. LEXIS 1899 [March 1, 2011] FACTS:  AT&T voluntarily disclosed to the Federal Communications Commission (FCC) that it […]

Case 15.1 FREE ENTERPRISE FUND AND BECKSTEAD AND WATTS, LLP, V. PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD Supreme Court of the United States 561 U.S. 477; 130 S. Ct. 3138; 2010 U.S. LEXIS 5524 [June 28, 2010] FACTS:  In 2002, […]

Case 15.2 FOOD AND DRUG ADMINISTRATION V. BROWN & WILLIAMSON TOBACCO CORP. Supreme Court of the United States 529 U.S. 120; 120 S. Ct. 1291; 2000 U.S. LEXIS 2195 [March 21, 2000] FACTS:  In 1996, the Food and Drug […]

Case 16.1 UNITED STATES OF AMERICA V. APPLE INC. United States District Court for the Southern District of New York 952 F. Supp. 2d 638; 2013 U.S. Dist. LEXIS 96424 [July 10, 2013] FACTS:  The Publisher Defendants conspired together […]

Case 16.2 AMERICAN NEEDLE, INC., V. NATIONAL FOOTBALL LEAGUE Supreme Court of the United States 560 U.S. 183; 130 S. Ct. 2201; 176 L. Ed. 2d 947; 2010 U.S. LEXIS 4166 [May 24, 2010] FACTS:  The National Football League […]

Case 16.3 KOLON INDUSTRIES INC. V. E.I. DUPONT DE NEMOURS & CO. United States Court of Appeals for the Fourth Circuit 748 F.3d 160: 2014 U.S. App. LEXIS 6161 [April 3, 2014] FACTS:  DuPont invented para-aramid fiber in 1965, […]

Case 17.1 STONERIDGE INVESTMENT PARTNERS, LLC V. ATLANTA, INC. Supreme Court of the United States 552 U.S. 148; 128 S. Ct. 761; 2008 U.S. LEXIS 1091 [January 15, 2008] FACTS:  Charter Communications operates cable companies throughout the United States. […]

Case 17.2 MORRISION V. NATIONAL AUSTRALIA BAND LTD. Supreme Court of the United States 561 U.S. 247; 130 S. Ct. 2869; 2010 U.S. LEXIS 5257 [June 24, 2010] FACTS:  The National Australia Band Limited (National) is the largest bank […]

Case 17.3 UNITED STATES V. O’HAGAN Supreme Court of the United States 521 U.S. 642; 117 S. Ct. 2199; 1997 U.S. LEXIS 4033 [June 25, 1997] FACTS:  Respondent James Herman O’Hagan was a partner in the Law firm of […]

Case 17.4 HALLIBURTON CO. V. ERICA P. JOHN FUND, INC. Supreme Court of the United States 134 S. Ct. 2398; 189 L. Ed. 2d 339; 2014 U.S. LEXIS 4305 [June 23, 2014] FACTS:  Respondent Erica P. John Fund, Inc., […]

Case 18.1 IN RE: ZYNGA & IN RE: FACEBOOK PRIVACY LITIGATIONS United States Court of Appeals for the Ninth Circuit 750 F.3d 1098; 2014 U.S. App. LEXIS 8662 [May 8, 2014] FACTS:  Facebook operates Facebook.com, a social networking website. […]

Case 18.2 SAFECO INSURANCE CO. V. BURR Supreme Court of the United States 551 U.S. 47; 127 S. Ct. 2201; 2007 U.S. LEXIS 6963 [June 4, 2007] FACTS:  The Fair Credit Report Act (FCRA) requires notice to any consumer […]

Case 18.3 JERMAN V. CARLISLE, McNELLIE, RINI, KRAMER & ULRICH L.P.A. Supreme Court of the United States 559 U.S. 573; 130 S. Ct. 1605; 2010 U.S. LEXIS 3480 [April 21, 2010] FACTS:  The Fair Debt Collection Practices Act (FDCPA […]

Case 19.1 SIERRA FOREST LEGACY V. SHERMAN United States Court of Appeals for the Ninth Circuit 646 F.3d 1161; 73 ERC (BNA) 1050; 2011 U.S. App. LEXIS 10655 [July 8, 2010] FACTS:  The Sierra Forest Legacy and other plaintiffs […]

Case 19.2 ENVIRONMENTAL PROTECTION AGENCY V. EME HOMER CITY GENERATION, L.P. Supreme Court of the United States 134 S. Ct. 1584; 188 L. Ed. 2d 775; 2014 U.S. LEXIS 3108 [April 29, 2014] FACTS:  Congress and the Environmental Protection […]

Copyright © 2016 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Case 19.3 BURLINGTON NORTHERN AND SANTA FE RAILWAY CO. V. UNITED STATES Supreme Court of the United States 556 U.S. […]

Case 20.1 THOMPSON V. NORTH AMERICAN STAINLESS, LP Supreme Court of the United States 562 U.S. 170; 131 S. Ct. 863; 2011 U.S. LEXIS 913 [January 24, 2011] FACTS:  Until 2003, both petitioner Eric Thompson and his fiancée, Miriam […]

Case 20.2 RICCI V. DeSTEFANO Supreme Court of the United States 557 U.S. 557; 129 S. Ct. 2658; 2009 U.S. LEXIS 4945 [June 29, 2009] FACTS:  New Haven, Connecticut (City) uses objective examinations to identify those firefighters best qualified […]

Case 21.1 SANDIFER V. UNITED STATES STEEL CORPORATION Supreme Court of the United States 134 S. Ct. 870; 187 L. Ed. 2d 729; 2014 U.S. LEXIS 799 [January 27, 2014] FACTS:  Petitioner Clifton Sandifer and others filed suit under […]

Copyright © 2016 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Case 21.2 KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORPORATION Supreme Court of the United States 563 U.S. 1; 131 S. Ct. […]

Case 21.3 STAUB V. PROCTOR HOSPITAL Supreme Court of the United States 562 U.S. 411; 131 S. Ct. 1186; 2011 U.S. LEXIS 1900 [March 1, 2011] FACTS:  While employed as an angiography technician by respondent Proctor Hospital, petitioner Vincent […]

Copyright © 2016 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Case 22.1 HISPANICS UNITED OF BUFFALO, INC. AND CARLOS ORTIZ United States of America Before the National Labor Relations Board […]

Case 3.1 NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS Supreme Court of the United States 132 S.Ct. 2566; 183 L.Ed.2d 450; 2002 U.S. LEXIS 4876 [June 28, 2012] FACTS:  Congress passed the Patient Protection and Affordable Care Act (PPACA) […]

Case 4.1 MAYER V. BELICHICK United States Court of Appeals 605 F.3D 223; 2010 U.S. App. LEXIS 10212 [April 14, 2010] FACTS:  Mayer, a New Jersey resident and New York Jets season ticket holder attended a game on September […]

Case 4.2 WAL-MART STORES, INC. V. DUKES Supreme Court of the United States 131 S. Ct. 2541; 180 L. Ed. 2d 374; 2011 U.S. LEXIS 4567 [June 20, 2011] FACTS:  In a class action lawsuit, respondents (current or former […]

Case 5.1 RENT-A-CENTER, WEST, INC. V. ANTONIO JACKSON Supreme Court of the United States 561 U.S. 63; 130 S. Ct. 2772; 2010 LEXIS 4981 [June 21, 2010] FACTS:  Antonio Jackson works for Rent-A-Center and signed a Mutual Agreement to […]

Case 5.2 14 PENN PLAZA LLC, et. al. V. PYETT, ET. AL. Supreme Court of the United States 556 U.S. 247; 129 S. Ct. 1456, 2009 U.S. LEXIS 2497 [April 1, 2009] FACTS:  Pyett is a member of the […]

Case 6.1 SNYDER V. PHELPS United States Supreme Court 562 U.S. 443; 131 S. Ct. 1207; 2011 U.S. LEXIS 1903 [March 2, 2011] FACTS:  For 20 years, the Westboro Baptist Church has picketed military funerals to communicate its belief […]

Case 6.2 BROWN V. ENTERTAINMENT MERCHANTS ASSOCIATION Supreme Court of the United States 131 S. Ct. 2729; 180 L. Ed. 2d 708; 2011 U.S. LEXIS 4802 [June 27, 2011] FACTS:  California law prohibits the sale or rental of violent […]

Case 6.3 KELO V. CITY OF NEW LONDON, CONNECTICUT Supreme Court of the United States 545 U.S. 469; 125 S. Ct. 2655; 2005 U.S. LEXIS 5011 [June 23, 2005] FACTS:  The city of New London, Connecticut, approved a development […]

Case 7.1 COASTAL OIL & GAS CORP. V. GARZA ENERGY TRUST ET. AL. Supreme Court of Texas 268 S.W.3d 1; 52 Tex. Sup. J. 55; 2008 Tex. LEXIS 771 [August 29, 2008] FACTS:  Collective owners of a 748 acre […]

Case 7.2 SEMOON V. THE WOOSTER SCHOOL CORP. Superior Court of Connecticut, Judicial District of Danbury 2010 Conn. Super. LEXIS 1816 [July 13, 2010] FACTS:  The Plaintiff, Suk Semoon, allegedly loaned 7 sculptures to the Defendant, The Wooster School […]

Case 7.3 COOK V. SULLIVAN Supreme Court of New Hampshire 149 N. H. 774; 829 A.2d 1059; 2003 N.H. LEXIS 123 [August 22, 2003] FACTS:  Since 1946, the Plaintiffs, the Cooks, have owned property on Lake Winnipesaukee in Moultonboro, […]

Case 8.1 MONTZ V. PILGRIM FILMS & TELEVISION, INC. United States Court of Appeals for the Ninth Circuit 649 F.3d 975; 76 A.L.R.6th 709; 2011 U.S. App. LEXIS 9099 [May 4, 2011] FACTS:  In 1981, Plaintiff Larry Montz, a […]

Case 8.2 GOTTLIEB & CO., INC. V. ALPS SOUTH CORPORATION Court of Appeals of Florida 985 So. 2d 1; 33 Fla. L. Weekly D 46; 2007 Fla. App. LEXIS 20245 [December 21, 2007] FACTS:  Gottlieb is a fabric converter […]

Case 8.3 VASSILKOVSKA V. WOODFIELD NISSAN, INC. Appellate Court of Illinois 358 Ill. App. 3d 20; 830 N.E.2d 619; 2005 Ill. App. LEXIS 516 [May 24, 2005] FACTS:  In July, 2002 the Plaintiff purchased a used 2000 Nissan Sentra […]

Case 9.1 ST. LOUIS PRODUCE MARKET V. HUGHES United States Court of Appeals 735 F.3d 829; 86 Fed. R.Serv. 3d (Callaghan) 1754; 2013 U.S. App. LEXIS 23029 [November 14, 2013] FACTS:  Clarence Hughes was the property manager for the […]

Case 9.2 EAST CAPITOL VIEW COMMUNITY DEVELOPMENT CORP., INC., V. ROBINSON District of Columbia Court of Appeals 941 A.2d 1036; 27 L.E.R. Cas. (BNA) 1222; 2008 D.C. App. LEXIS 27 [February 7, 2008] FACTS:  East Capitol (Appellant) hired Denean […]

Case 9.3 RHODES V. DAVIS United States District Court for the Southern District of New York 2012 U.S. LEXIS 144955 [September 27, 2012] FACTS:  Neil Rhodes, Plaintiff, and Gary Davie, Defendant, co-owned Alarm Specialists, Inc. (ASI).  Each held […]

Chapter 01 – Law as a Foundation for Business 1-1 Chapter 1 Law as a Foundation for Business Learning Objectives The purpose of this chapter is to introduce the students to the subject of law and to some classifications of […]

Chapter 01 – Law as a Foundation for Business 1-9  Review the Concept Summary pertaining to Legal Sanctions. V. A Property-Based Legal System and Corporate Governance Emphasize:  That under the rule of law in a property-based legal system, […]

Chapter 10 – Torts Affecting Business 10-1 Chapter 10 Torts Affecting Business Learning Objectives The purpose of this chapter is to introduce students to noncontractual civil wrongs as they apply to business. The chapter develops the main categories of torts: […]

Chapter 10 – Torts Affecting Business 10–11 have protected them better. 5. Wright v. Webb, 56 LW 2319 (1987). A woman was criminally assaulted in a motel parking lot. She sued the motel for negligence for failing to protect a […]

Chapter 10 – Torts Affecting Business 10–17  Why “the crucial controversy in personal injury torts today” is the area of damages.  For dramatic examples of the size of recent awards, refer to Sidebar 10.11. A. Compensatory Damages Emphasize: […]

Chapter 11 – Intellectual Property 11-1 Chapter 11 Intellectual Property Learning Objectives The objective of this chapter is to instill an appreciation for the institution of property and its importance to the economic system and its creation of incentives for […]

Chapter 11 – Intellectual Property 11-8 Emphasize:  The passage of the Federal Trademark Dilution Act, and its key concepts.  The passage of the Trademark Dilution Revision Act. IV. Copyright Law (LO 11-5) A. Copyright Ownership Emphasize:  The […]

Chapter 12 – International Law 12-1 Chapter 12 International Law Learning Objectives This chapter is intended to provide the student with an introduction to some aspects of the legal environment of international business transactions. In addition, it is designed to […]

Chapter 12 – International Law 12-9 Moog was the beneficiary of an irrevocable letter of credit issues by Bancomer, a Mexican bank, on behalf of its local customer CRG. A dispute arose between Moog and the confirming bank, Boatman’s Bank […]

Chapter 13 – Criminal Law and Business 13-1 Chapter 13 Criminal Law and Business Learning Objectives The general purpose of this chapter is to alert students to the importance of criminal law in operating a business. The emphasis is on […]

Chapter 13 – Criminal Law and Business 13-11 Emphasize:  That a businessperson may violate this law by making a false statement to another firm or person with knowledge that the information will be submitted to a government agency.  […]

Chapter 14 – Business Organizations 14-1 Chapter 14 Business Organizations Learning Objectives This chapter presents the factors to consider when faced with deciding which organizational form is best suited for a particular business activity. Upon completing this chapter, the students […]

Chapter 14 – Business Organizations 14-9 o Borrowing money from shareholders and paying interest o Accumulating income within the corporation by not paying dividends o Utilization of Subchapter S election  The concept summary on “Advantages and Disadvantages of Corporations.” […]

Chapter 15 – The Regulatory Process 15-1 Chapter 15 The Regulatory Process Learning Objectives The purpose of this chapter is to show students the power of the federal government to regulate business. State and federal regulatory powers will be discussed […]

Chapter 15 – The Regulatory Process 15–10 2. Darby, a real estate developer, used Garvin, a mortgage banker, to arrange single- family mortgage insurance from HUD to cover a development project. Garvin obtained this insurance, as opposed to multiple-family mortgage […]

Chapter 16 – Regulating Competition—Antitrust Laws 16-1 Chapter 16 Regulating Competition—Antitrust Laws Learning Objectives This chapter introduces the student to antitrust law. The purpose of the chapter is to familiarize the student with basic antitrust laws, the Sherman Act, the […]

Chapter 16 – Regulating Competition—Antitrust Laws 16–11 Emphasize:  The four types of sanctions recognized by the Sherman Act as amended by the Clayton Act.  That the Sherman Act empowers courts to grant injunctions at the request of the […]

Chapter 16 – Regulating Competition—Antitrust Laws 16–19  Table 16.6—“American Airlines Merges with a Rival” Case for Discussion: 1. American Stores, the fourth largest supermarket chain in California, acquired all of the stock of the largest chain. The state filed […]

Chapter 17 – Financial and Securities Regulations 17-1 Chapter 17 Financial and Securities Regulations Learning Objectives This chapter is designed as an introduction to the complex legal area of securities. The student is exposed to the expansive meaning given the […]

Chapter 17 – Financial and Securities Regulations 17-11  That a very important defense for experts such as accountants is the due diligence defense.  How a due diligence defense is established. III. Securities Exchange Act of 1934: Being Public […]

Chapter 17 – Financial and Securities Regulations 17-18  The reporting lines of the auditor to the audit committee to maintain independence from the chief financial officer and the corporate accounting staff.  That public companies must have audit, compensation, […]

Chapter 18 – Regulations Protecting Consumer Purchases, Privacy, and Financial Activities 18-1 Chapter 18 Regulations Protecting Consumer Purchases, Privacy, and Financial Activities Learning Objectives The objectives of this chapter include understanding what a consumer is and how consumer protection fits […]

Chapter 18 – Regulations Protecting Consumer Purchases, Privacy, and Financial Activities 18-9 Emphasize:  N Due to complaints that some debt-collection agencies used techniques of harassment, deception, and personal abuse to collect debts, Congress in 1978 passed the Fair Debt […]

Chapter 19 – Environmental Regulation 19-1 Chapter 19 Environmental Regulation Learning Objectives The purpose of this chapter is to introduce the student to basic environmental regulation, especially at the national level. Students should finish the chapter with a deeper appreciation […]

Chapter 19 – Environmental Regulation 19-11 Disposed Of,” Wall Street Journal, December 15, 1988. H. Toxic and Hazardous Substances Emphasize:  That the control of toxic substances ranks first on the public’s list on where the government’s regulation of industry […]

Chapter 19 – Environmental Regulation 19-18 nuisance so as to require its abatement must also indemnify the party enjoined. Spur Industries, Inc. v. Del E. Webb Development Co., 494 P.2d 700 (1972). V. Trends in Environmental Regulation Emphasize:  The […]

Chapter 02 – The Role of Ethics in Decision Making 2-1 Chapter 2 The Role of Ethics in Decision Making Learning Objectives The primary objective of this chapter is to emphasize the growing importance of ethics to business conduct. The […]

Chapter 02 – The Role of Ethics in Decision Making 2–11 Emphasize:  That ethics ultimately boils down to the individual values one applies in decision making.  That individual values can be explored by asking five important questions in […]

Chapter 20 – Discrimination in Employment 20-1 Chapter 20 Discrimination in Employment Learning Objectives The purpose of this chapter is to introduce students to discrimination in employment law. Students should grasp that not only is intentional employment discrimination (disparate treatment) […]

Chapter 20 – Discrimination in Employment 20–11 c. Physical Harassment: o Giving an unwanted massage around the neck, shoulders, or back o Unwanted touching of a person’s clothing, hair, or body o Touching and/or rubbing oneself sexually around another person […]

Chapter 20 – Discrimination in Employment 20–19 4. A 60-year old printing manager with more than 30 years experience in the printing industry was told that he was “overqualified” for some 32 positions within his company, which he had applied […]

Chapter 21 – Employment Laws 21-1 Chapter 21 Employment Laws Learning Objectives The purpose of this chapter is to introduce the students to basic employment issues. The employment at will doctrine is explained as well as issues related to workplace […]

Chapter 21 – Employment Laws 21-7 Explain:  The terms “principal” and “agent.”  The role of an “independent contractor.”  The legal process used by an agent to create a binding relationship between the principal and third party.  […]

Chapter 22 – Labor–Management Relationship 22-1 Chapter 22 Labor–Management Relationship Learning Objectives The focus shifts to examine the right of workers to unionize and to the law of labor- management relations. In this chapter, students will examine, from a chronological […]

Chapter 22 – Labor–Management Relationship 22-11 collective-bargaining process. The 1947 amendments recognize that a company may pay a union employee if such person is also an employee of the company. Thus, these applicants were employees and entitled to Town & […]

Chapter 22 – Labor–Management Relationship 22-18 Issue: Has the union properly represented this member? Held: Yes. There is no violation of the duty of fair representation. The standard is that the union’s actions must not have been arbitrary, discriminatory, or […]

Chapter 03 – The Court System 3-1 Chapter 3 The Court System Learning Objectives The purpose of this chapter is to acquaint the students with the judicial process or the “rules of the game” so that they can appreciate the […]

Chapter 03 – The Court System 3-7 Emphasize:  The language of Marbury v. Madison which has led to a great concentration of power in the Supreme Court and judicial system. Call attention to the marginalia noting that judicial review […]

Chapter 04 – Litigation 4-1 Chapter 4 Litigation Learning Objectives The purpose of this chapter is to acquaint the students with the “rules of the game” so that they can appreciate the challenges of litigation. Students will gain a better […]

Chapter 04 – Litigation 4-10 “A product is defective if the use of the product in a manner that is reasonably foreseeable by the defendant involves a substantial danger that would not be readily recognized by the ordinary user of […]

Chapter 05 – Alternative Dispute Resolution 5-1 Chapter 5 Alternative Dispute Resolution Learning Objectives The purpose of this chapter is to acquaint the students with alternatives to litigation with special emphasis on conflicts, disputes, and the methods of negotiation. This […]

Chapter 05 – Alternative Dispute Resolution 5–10 decide the law and the facts of the case. F. Voluntary/Contract-Based Arbitration Emphasize:  That voluntary arbitration is providing more submissions than is mandatory arbitration.  That this type of arbitration may arise […]

Chapter 06 – The Constitution 6-1 Chapter 6 The Constitution Learning Objectives This chapter introduces the basic concepts of the Constitution and how they create authority for the framework of the federal government. Emphasis is placed on the role of […]

Chapter 06 – The Constitution 6-11 the stores where the alcohol is sold. State law bans such advertising “outside the licensed premises.” 44 Liquormart, Inc., a licensed retailer, ran a newspaper ad stating the low prices at which peanuts, potato […]

Chapter 06 – The Constitution 6-17 Emphasize:  How the incorporation doctrine made the protections of the Bill of Rights applicable to individuals subject to state and local regulations. C. Equal Protection Emphasize:  That not every classification nor is […]

Chapter 07 – The Property System 7-1 Chapter 7 The Property System Learning Objectives The objective of this chapter is to instill an appreciation for the institution of property and its role in encouraging the maximum production of what people […]

Chapter 07 – The Property System 7-9 promote the common good. Duration Limitations on Property Emphasize:  The rule against perpetuities limits all exercise of property over resources to a duration of “lives in being plus twenty–one years.”  The […]

Chapter 08 – Contract Formation 8-1 Chapter 8 Contract Formation Learning Objectives The purpose of this chapter and the next is to introduce students to that body of law known as contracts, which underlies the buying and selling agreements of […]

Chapter 08 – Contract Formation 8-10  What it means to say that illegal contracts are void.  Sidebar 8.7 gives a common example of a contract with legality issues.  There are several exceptions to the general rule that […]

Chapter 09 – Contractual Performance and Breach 9-1 CHAPTER 9 Contractual Performance and Breach Learning Objectives This chapter can be viewed as a continuation of the preceding one. Once again, students will study various aspects of contracts. In particular, this […]

The Fair Credit Reporting Act provides that a report containing information solely as to transactions or experiences between a consumer and a person making the report is not a consumer report covered by the act. Answer: The first ten amendments […]

Common ailments in which an employee has had a preexisting disease are compensable as “accidental injuries.” Answer: Private property is a system of law under which the state recognizes and enforces an individual’s rights to acquire, possess, use, and transfer […]

The courts will inquire into an agency’s wisdom or effectiveness once the courts decide that an act of legislature is constitutional. Answer: In the context of the Magnuson-Moss Warranty Act, under full warranties, a warrantor does not have to replace […]

It now appears the Supreme Court is comfortable limiting the per se illegality analysis to vertical agreements among competitors. Answer: According to the per se rule, price fixing is illegal only when the parties to the price fixing agreement have […]

The Securities and Exchange Commission has both quasi-legislative and quasi-judicial powers. Answer: The news media and the Internet make it increasingly difficult to hide the questionable behavior of large organizations. Answer: True Feedback: The news media and the Internet make […]

According to the Congressional Budget Office, poorer taxpayers pay a higher percentage of their incomes in state and local sales taxes than do wealthier taxpayers. Answer: Each state has its own licensing regulations for arbitrators. Answer: False Feedback: Any person […]

Equal Employment Opportunity Commission guidelines allow employers to classify jobs as male or female as well as to have male and female seniority lists. Answer: In a number of states, courts have made merchants in mutual benefit bailments liable for […]

The Fair Credit Reporting Act regulates credit reports on both consumers and businesses. Answer: A defrauding seller usually benefits from an increase in the value of the securities. Answer: False Feedback: A defrauding purchaser usually benefits from an increase in […]

Under the Age Discrimination in Employment Act, age is often recognized as the basis for a bona fide occupational qualification. Answer: The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state. […]

Business ethics reflect elements of both formalism and consequentialism, but tend to focus more heavily on the former. Answer: The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to […]

Which of the following statements is true of the use of alternative dispute resolution (ADR) techniques? A. ADR techniques are ineffective once the pretrial process has begun. B. Disputing parties must begin a lawsuit to use any form of ADR. […]

Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional. Answer: The impetus for creating the benefit corporation structure comes from the perception that traditional corporate forms place less emphasis on shareholder rights. Answer: […]

Failure to satisfy a condition precedent excuses the performance of a contracting party even if the condition is a minor part of the transaction. Answer: An arbitrator’s erroneous view of the law, no matter how egregious, is always binding because […]

The civil law arose in the eleventh and twelfth centuries as the English monarch appointed royal judges to ride circuits around the English countryside and to resolve disputes in the name of the king (or queen). Answer: Industry guides issued […]

All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases. Answer: With regard to privacy, protections against intrusions by private actors are often limited to particular […]

Rita is drunk while driving her car, and she hits Anna’s car. This makes Anna a tortfeasor. Answer: In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care. Answer: False Feedback: […]

If something must take place in the future, before a party to a contract has a duty to perform, it is a condition subsequent. Answer: Louisiana is the only state in the United States that follows a partial civil law […]