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. ID : 8676

Business law (barron's business review series)
()J.D. Emerson Robert W.
Хозяйственное право
New York
Barron's Educational Series
2003
720
ISBN9780764119842
1
Так
Both students and persons actively engaged in business will find simple, understandable explanations of subjects related to business law and the legal environment. An opening chapter discusses the origin and nature of law. Chapters that follow cover contracts in their many forms, negotiable instruments, banking procedures, types of business organization, legal definitions of crimes and torts, the concept of property, environmental law, labor-management relations law, intellectual property and computer law, and much more. The newly expanded and updated. Business Review books are designed for classroom use, but are also valuable as self-teaching volumes for businesspersons engaged in various fields. When used in college business courses, these titles make fine supplements to main textbooks. Instructors in adult education and brush-up programs often choose these books as their main classroom text. Each title includes review questions with answers.
Preface
THE LAW AND SOCIETY
1ORIGIN AND NATURE OF LAW3
The Origin of Law3
Definitions of Law4
Law and Morality5
Development of Civil Law6
Development of Common Law7
Substantive Law and Procedural LawЮ
The Attorney's Many Roles and Ethical DutiesЮ
Uniform Laws23
Researching the Law
KNOW THE CONCEPTS^
PRACTICAL APPLICATION
ANSWERS
2GOVERNMENT UNDER LAW19
Sources of U.S. Law29
The U.S. Constitution20
Federal Statutes23
The State Constitutions29
State Statutes3q
Local Ordinances32
Rulings of Federal, State, and Local Agencies (Administrative Law) 32
Decisions by Federal and State Courts34
KNOW THE CONCEPTS35
PRACTICAL APPLICATION36
ANSWERSзу
3THE U.S. COURT SYSTEM AND THE LEGAL PROCESS40
The Two Major U.S. Judicial Systems40
Taking a Case to Court49
Out-of-Court Procedures For Settling Disputes6l
Administrative Agency Proceedings63
The Inquisitional Approach and the Adversarial Model64
How Cases Are Cited
KNOW THE CONCEITS
PRACTICAL APPLICATION
ANSWI-RS
CONTRACTS
4NATURE, CLASSIFICATION, AND FORMATION75
Nature of Contracts75
Classification of Contracts77
Negotiation,y
Forming a Contract81
KNOW THE CONCEPTS92
PRACTICAL APPLICATION^
94
answersy
5REAUTY OF THE CONTRACT: DID THE MINDS REALLY MEET?97
Mistake98
Fraud100
Innocent (Nonfraudulent) Misrepresentation104
Undue Influence10j
Duress^
Unconscionability
KNOW THE CONCEPTS107
PRACTICAL APPLICATION
ANSWERS
6CAPACITY OF THE PARTIES AND LEGALITY OF SUBJECT MATTER110
Capacity of the Parties110
Legality of Subject Matter114
KNOW THE CONCEITS118
PRACTICAL APPLICATION
ANSWERS120
7THE STATUTE OF FRAUDS PAROL EVIDENCE RULE PRIVITY122
The Statute of Frauds122
Parol Evidence Rule128
Privity129
KNOW THE CONCEPTS
PRACTICAL APPLICATION
ANSWERS
8DISCHARGE DAMAGES AND OTHER REMEDIES136
Discharge
Damages^
Other Remedies
KNOW THE CONCEPTS
PRACTICAL APPLICATION
1S4
ANSWERS1J
9SPECIAL PROBLEMS CONCERNING SALES CONTRACTS157
Article 2 of the Uniform Commercial Code157
Principal Changes for Sales Contracts in Article 2158
The Convention on Contracts for the International Sale of Goods161
Nonsales Transactions^3
Definition of a Sale
Tra nsfer of Til le^
Risk of Loss
Performance of the Sales Contract169
Remedies for Breach of Sales Contracts171
KNOW THE CONCEPTSJ73
PRACTICAL APPLICATIONI74
ANSWERS274
COMMERCIAL RELATIONS
10 NEGOTIABLE INSTRUMENTS: DEFINITIONS, CONCEPTS, AND
NEGOTIATIONj 79
The Negotiable Instrument as a Form of Commercial Paper180
Development of the Law Governing Negotiable Instruments180
The Uniform Commercial Code, Articles 3 and A181
Elements of Negotiabilitylg2
Types of Negotiable Instruments137
The Parties to a Negotiable Instrument188
Advantages of Negotiable Instruments over Ordinary Contracts189
The Assignee of a Contract versus the Holder of a Negotiable
Instrument
Negotiationy)2
Indorsements193
KNOW THE CONCEITSI95
PRACTICAL APPLICATIONI95
ANSWERSl^g
11NEGOTIABLE INSTRUMENTS: THE HOLDER IN DUE COURSE,
DEFENSES, LIABILITY, AND DISCHARGE201
Holder in Due Course202
Defenses208
Liabilities Among Parties212
Discharge220
KNOW THE CONCEPTS221
PRACTICAL APPLICATION222
ANSWERS223
12BANKING PROCEDURES AND THE BANK CUSTOMER
RELATIONSHIP226
The Contract Between Bank and Customer226
Rules Governing the Payment of Checks230
Certification of Checks231
Alterations232
Summary of Important Article 4 Rules233
Electronic Funds Transfer Act234
KNOW THE CONCEPTS235
PRACTICAL APPLICATION236
ANSWERS237
13CREDITORS' RIGHTS AND DEBTORS' PROTECTION
BANKRUPTCY SECURED TRANSACTIONS
Creditors' Rights: Collection of Debts
Protection for Debtors
Bankruptcy and Reorganization
Secured Transactions
KNOW THE CONCEPTS
PRACTICAL APPLICATION
ANSWERS
BUSINESS FORMATIONS
14AGENCY
Nature of Agency and Agency Law
Agency and Other Legal Concepts Whereby One Person May or
May Not Perform Services for Another
Creation of Agency
The Agent Principal Relationship
Liability of Principal and Agent to Third Parties
Termination of Agency
KNOW THE CONCEPTS
PRACTICAL APPLICATION
ANSWERS
15 TYPES OF BUSINESS ORGANIZATIONS PARTNERSHIPS
FRANCHISES295
Types of Business Organizations296
General Partnerships305
Limited Partnerships318
Franchises323
KNOW THE CONCEPTS
PRACTICAL APPLICATION
ANSWERS
326
327
327
16 CORPORATIONS: NATURE, FORMATION, TYPES, AND POWERS 330
Nature of a Corporation330
Background of Corporations331
Corporate Attributes332
Formation of the Corporation333
Types of Corporations335
Nature and Content of the Charter Bylaws340
Corporate Powers and Limitations on Them343
Regulation of Foreign Corporations345
KNOW THE CONCEPTS
PRACTICAL APPLICATION
ANSWERS
346
347
348
17MANAGEMENT OF THE CORPORATION TERMINATION351
Corporate Overview351
Shareholders353
Board of Directors3^0
Officers364
Other Employees3^5
Termination of the Corporation366
KNOW THE CONCEPTS3^3
PRACTICAL APPLICATION369
ANSWERS37Q
18CORPORATIONS: FINANCIAL STRUCTURE SECURITIES
REGULATION LIABILITY OF ACCOUNTANTS372
Corporate Financial Structure373
Securities Regulation33]
Liability of Accountants395
KNOW THE CONCEITS393
PRACTICAL APPLICATION399
ANSWERS400
SPECIAL TOPICS
19CRIMES AND TORTS407
Important Facts About Crimes407
Important Facts About Torts412
Comparison of Crimes and Torts416
Examples of Torts417
Examples of Business Crimes, with Tort Equivalents423
The Businessperson as Criminal Defendant425
General Defenses to Crimes and Torts426
Product Liability430
KNOW THE CONCEITS433
PRACTICAL APPLICATION441
ANSWERS443
20PROPERTY449
Property as a Legal Concept449
Personal Property450
Joint Ownership of Property460
Real Property461
Comparison of Major Property Arrangements472
KNOW THE CONCEPTS474
PRACTICAL APPLICATION475
ANSWERS47^
21INSURANCE, TRUSTS, AND WILLS479
Trusts and Wills479
Insurance4gl
know the conceits482
practical application483
answers483
22ANTITRUST LAW485
Sherman Act485
Clayton Act490
Monopoly Power: Some Important Concepts492
Robinson-Patman Act493
Federal Trade Commission Act493
Antitrust Law Enforcement494
Exemptions from Antitrust Laws495
know the concepts495
practical application497
answers498
23ENVIRONMENTAL LAW502
National Environmental Policy502
Water Pollution503
Air Pollution505
Land Pollution506
Nuclear Power Regulation510
Protection of Wildlife511
The Cost of Environmental Regulation511
International Environmental Law513
know the concepts514
practical application515
answers516
24EMPLOYMENT LAW518
Health and Safety Legislation519
Fair Labor Standards Act521
Income Protection521
Protection Against Discrimination523
know the concepts532
practical application534
answers534
25LABOR-MANAGEMENT RELATIONS LAW537
The National Labor Relations Act: Framework for Almost
All Labor Law538
The Role of the National Labor Relations Board541
The Labor Negotiation Process542
Labor Dispute Resolution: Concerted Activities543
know the conceits545
practical application54^
answers
26LEGAL TOPICS CONCERNING INFORMATION TECHNOLOGY:
INTELLECTUAL PROPERTY, COMPUTER LAW, AND PRIVACY '550
Intellectual Property550
Copyright Protection for Computer Programs555
Trademarks and Other Trade Symbols556
Computer Crimes and Torts559
Privacy Issues5^0
International Law Topic562
know the concepts5^3
practical application5^4
answers-64
27TAXATION566
Historical Perspective566
The Internal Revenue Service55-7
Types of Taxes5^7
The Income Tax
Employer Responsibilities: Taxes569
Back Taxes5-70
Independent Contractors571
Statutory Employees571
Self-Employment Taxes572
Cash and Accrual Methods for Income and Expenses572
Tax Deductions573
know 'гне conceits574
pract ical application575
answers576
28 INTERNATIONAL LAW
International Law and U.S. Law
Treaties and Business
National Law and Foreign Governments
Trade
Immigration
Regulation and Nationalization
International Dispute Resolution
know the conceits
practical application
answers
GLOSSARY
INDEX
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