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Business Law: Principles for Today's Commercial Environment

By David P. Twomey, Marianne M. Jennings, Stephanie M. Greene

5th Edition © 2017
Discipline:Business Law
Course:Business Law
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Twomey, Jennings and Greene’s BUSINESS LAW: PRINCIPLES FOR TODAY'S COMMERCIAL ENVIRONMENT, 5E uses excerpted cases in the language of the court to provide both comprehensive and clear coverage. Updates throughout this edition address the latest developments and all of the topics you require without overwhelming students with unnecessary detail. Based on the authors’ extensive teaching experience, this trusted text offers a wealth of integrated examples and applications that feature current events and familiar situations to help students grasp legal concepts. This edition’s clear, thorough guidance helps students prepare for the CPA exam. In addition, engaging feature boxes, numerous brief examples and applications are marked "For Example" so students can easily find them as they progress through each chapter's narrative. This edition’s new MindTap offers an optional online, highly personalized learning experience built on Cengage Learning content that helps you prepare for class.

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About this product

Twomey, Jennings and Greene’s BUSINESS LAW: PRINCIPLES FOR TODAY'S COMMERCIAL ENVIRONMENT, 5E uses excerpted cases in the language of the court to provide both comprehensive and clear coverage. Updates throughout this edition address the latest developments and all of the topics you require without overwhelming students with unnecessary detail. Based on the authors’ extensive teaching experience, this trusted text offers a wealth of integrated examples and applications that feature current events and familiar situations to help students grasp legal concepts. This edition’s clear, thorough guidance helps students prepare for the CPA exam. In addition, engaging feature boxes, numerous brief examples and applications are marked "For Example" so students can easily find them as they progress through each chapter's narrative. This edition’s new MindTap offers an optional online, highly personalized learning experience built on Cengage Learning content that helps you prepare for class.

UPDATED CASES AND EXAMPLES FEATURE CURRENT AND NEWSWORTHY TOPICS. With the latest updates throughout this edition, it’s simple to bring today’s most recent developments and current events into your class.

"MAKE THE CONNECTION" HIGHLIGHTS THE RELEVANCE OF WHAT STUDENTS ARE LEARNING. These engaging features at the end of each chapter help your students understand the relationship between concepts from the book and real-life situations.

LEARNING OUTCOMES DIRECT STUDENT ATTENTION TO KEY CONCEPTS. These helpful learning features assist students in mastering and retaining legal concepts

ENHANCED INSTRUCTOR’S MANUAL SAVES YOU PREPARATION TIME. This essential resource is filled with insights, teaching strategies, and chapter outlines specifically designed to save you time and assist you in creating a dynamic course.

Table of contents

Chapters

Cover Page
Title Page
Copyright Page
Preface
Acknowledgments
About the Authors
Part 1. The Legal and Social Environment of Business
Part 2. Contracts
Part 3. Sales and Leases of Goods
Part 4. Negotiable Instruments
Part 5. Debtor-Creditor Relationships
Part 6. Agency and Employment
Part 7. Business Organizations
Part 8. Real Property and Estates
Appendix 1. How to Find the Law
Appendix 2. The Constitution of the United States
Appendix 3. Uniform Commercial Code (Selected Sections)
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Part 1. The Legal and Social Environment of Business

Chapter 1. The Nature and Sources of Law
Preview this section ↗
1-1. Nature of Law and Legal Rights ↗
1-1a. Legal Rights ↗
1-1b. Individual Rights ↗
1-1c. The Right of Privacy ↗
1-1d. Privacy and Technology ↗
1-2. Sources of Law ↗
1-2a. Constitutional Law ↗
1-2b. Statutory Law ↗
1-2c. Administrative Law ↗
1-2d. Private Law ↗
1-2e. Case Law, Statutory Interpretation, and Precedent ↗
1-2f. Other Forms of Law: Treaties and Executive Orders ↗
1-2g. Uniform State Laws ↗
1-3. Classifications of Law ↗
1-3a. Substantive Law vs. Procedural Law ↗
1-3b. Criminal Law vs. Civil Law ↗
1-3c. Law vs. Equity ↗
Summary ↗
Learning Outcomes ↗
Key Terms ↗
Questions and Case Problems ↗
Chapter 2. The Court System and Dispute Resolution
2-1. The Court System
2-1a. The Types of Courts
2-1b. The Federal Court System
2-1c. State Court Systems
2-2. Court Procedure
2-2a. Participants in the Court System
2-2b. Which Law Applies—Conflicts of Law
2-2c. Initial Steps in a Lawsuit
2-2d. The Trial
2-2e. Post-Trial Procedures
2-3. Alternative Dispute Resolution (ADR)
2-3a. Arbitration
2-3b. Mediation
2-3c. MedArb
2-3d. Expert Panel
2-3e. Reference to a Third Person
2-3f. Association Tribunals
2-3g. Summary Jury Trial
2-3h. Rent-A-Judge
2-3i. Minitrial
2-3j. Contract Provisions
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 3. Business Ethics, Social Forces, and the Law
3-1. What Is Business Ethics?
3-1a. The Law as the Standard for Business Ethics
3-1b. The Notion of Universal Standards for Business Ethics
3-1c. Ethical Theories and Standards
3-1d. The Business Stakeholder Standard of Behavior
3-2. Why Is Business Ethics Important?
3-2a. The Importance of Trust
3-2b. Business Ethics and Financial Performance
3-2c. The Importance of a Good Reputation
3-2d. Business Ethics and Business Regulation: Public Policy, Law, and Ethics
3-3. How to Recognize and Resolve Ethical Dilemmas
3-3a. Categories of Ethical Behavior
3-3b. Resolving Ethical Dilemmas
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 4. The Constitution as the Foundation of the Legal Environment
4-1. The U.S. Constitution and the Federal System
4-1a. What a Constitution Is
4-1b. The Branches of Government
4-2. The U.S. Constitution and the States
4-2a. Delegated and Shared Powers
4-2b. Other Powers
4-2c. Federal Supremacy
4-3. Interpreting and Amending the Constitution
4-3a. Conflicting Theories
4-3b. Amending the Constitution
4-3c. The Living Constitution
4-4. Federal Powers
4-4a. The Power to Regulate Commerce
4-4b. The Financial Powers
4-5. Constitutional Limitations on Government
4-5a. Due Process
4-5b. Equal Protection of the Law
4-5c. Privileges and Immunities
4-5d. Protection of the Person
4-5e. The Bill of Rights and Businesses as Persons
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 5. Government Regulation of Competition and Prices
5-1. Power to Regulate Business
5-1a. Regulation, Free Enterprise, and Deregulation
5-1b. Regulation of Unfair Competition
5-2. Regulation of Horizontal Markets and Competitors
5-2a. Regulation of Prices
5-2b. Monopolization
5-2c. Boycotts and Refusals to Deal
5-2d. Mergers among Competitors
5-3. Regulation of the Supply Chain and Vertical Trade Restraints
5-3a. Price Discrimination
5-3b. Exclusive Dealings and Territories
5-3c. Resale Price Maintenance
5-3d. Tying
5-3e. Mergers along the Supply Chain
5-4. Remedies for Anticompetitive Behavior
5-4a. Criminal Penalties
5-4b. Civil Remedies
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 6. Administrative Agencies
6-1. Nature of the Administrative Agency
6-1a. Purpose of Administrative Agencies
6-1b. Uniqueness of Administrative Agencies
6-1c. Open Operation of Administrative Agencies
6-2. Legislative Power of the Agency
6-2a. Agency’s Regulations as Law
6-2b. Agency Adoption of Regulations
6-3. Executive Power of the Agency
6-3a. Enforcement or Execution of the Law
6-3b. Constitutional Limitations on Administrative Investigation
6-4. Judicial Power of the Agency
6-4a. The Agency as a Specialized Court
6-4b. Punishment and Enforcement Powers of Agencies
6-4c. Exhaustion of Administrative Remedies
6-4d. Appeal from an Administrative Agency Action
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 7. Crimes
7-1. General Principles
7-1a. Nature and Classification of Crimes
7-1b. Basis of Criminal Liability
7-1c. Responsibility for Criminal Acts
7-1d. Indemnification of Crime Victims
7-2. White-Collar Crimes
7-2a. Conspiracies
7-2b. Money Laundering
7-2c. Racketeering
7-2d. Bribery
7-2e. Commercial Bribery
7-2f. Extortion and Blackmail
7-2g. Corrupt Influence
7-2h. Counterfeiting
7-2i. Forgery
7-2j. Perjury
7-2k. False Claims and Pretenses
7-2l. Bad Checks
7-2m. Credit Card Crimes
7-2n. Embezzlement
7-2o. Obstruction of Justice: Sarbanes-Oxley (SOX)
7-2p. Corporate Fraud: SOX
7-2q. The Common Law Crimes
7-3. Criminal Law and the Computer
7-3a. What Is a Computer Crime?
7-3b. The Computer as Victim
7-3c. Unauthorized Use of Computers
7-3d. Computer Raiding
7-3e. Diverted Delivery by Computer
7-3f. Economic Espionage by Computer
7-3g. Electronic Fund Transfer Crimes
7-3h. Circumventing Copyright Protection Devices via Computer
7-3i. Spamming
7-4. Criminal Procedure Rights for Businesses
7-4a. Fourth Amendment Rights for Businesses
7-4b. Fifth Amendment Self-Incrimination Rights for Businesses
7-4c. Due Process Rights for Businesses
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 8. Torts
8-1. General Principles
8-1a. What Is a Tort?
8-1b. Tort and Crime Distinguished
8-1c. Types of Torts
8-2. Intentional Torts
8-2a. Assault
8-2b. Battery
8-2c. False Imprisonment
8-2d. Intentional Infliction of Emotional Distress
8-2e. Invasion of Privacy
8-2f. Defamation
8-2g. Product Disparagement
8-2h. Wrongful Interference with Contracts
8-2i. Trespass
8-3. Negligence
8-3a. Elements of Negligence
8-3b. Defenses to Negligence
8-4. Strict Liability
8-4a. What Is Strict Liability?
8-4b. Imposing Strict Liability
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
Chapter 9. Intellectual Property Rights and the Internet
9-1. Trademarks and Service Marks
9-1a. Introduction
9-1b. International Registration
9-1c. Registrable Marks
9-1d. Proving Trademark Infringement
9-1e. Remedies for Improper Use of Marks
9-1f. Abandonment of Exclusive Right to Mark
9-1g. Trade Dress Protection
9-1h. Limited Lanham Act Protection of Product Design
9-1i. Prevention of Dilution of Famous Marks
9-1j. Internet Domain Names and Trademark Rights
9-2. Copyrights
9-2a. Duration of Copyright
9-2b. Copyright Notice
9-2c. What Is Copyrightable?
9-2d. Copyright Ownership and the Internet
9-2e. Rights of Copyright Holders
9-2f. Limitation on Exclusive Character of Copyright
9-2g. Secondary Liability for Infringement
9-2h. Digital Millennium Copyright Act
9-3. Patents
9-3a. Types, Duration, and Notice
9-3b. Patentability
9-3c. Patentable Business Methods
9-3d. Infringement
9-4. Secret Business Information
9-4a. Trade Secrets
9-4b. Loss of Protection
9-4c. Defensive Measures
9-4d. Criminal Sanctions
9-5. Protection of Computer Software and Mask Works
9-5a. Copyright Protection of Computer Programs
9-5b. Patent Protection of Programs
9-5c. Trade Secrets
9-5d. Restrictive Licensing
9-5e. Semiconductor Chip Protection
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
CPA Questions
Chapter 10. The Legal Environment of International Trade
10-1. Conducting Business Internationally
10-1a. Forms of International Business
10-1b. The International Contract
10-2. International Trade
10-2a. Tariffs and Barriers to Trade
10-2b. The World Trade Organization
10-2c. Agreements Administered under the WTO
10-2d. Protecting Trademarks Worldwide
10-2e. Copyright Protection
10-2f. Patent Protection
10-2g. Trade Secrets
10-2h. The Dispute Settlement Understanding
10-2i. The Doha Development Agenda
10-2j. Regional Trade Agreements
10-2k. Antidumping, Subsidies and Safeguards
10-3. Issues Confronting Companies Engaged in International Business
10-3a. Export Regulations
10-3b. The Foreign Corrupt Practices Act
10-3c. Antitrust Issues
10-3d. Securities Fraud Regulation in an International Environment
Summary
Learning Outcomes
Key Terms
Questions and Case Problems
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