Book
Business law / Robert W. Emerson.
Record details
- ISBN: 9780764142406 (alk. paper)
- ISBN: 0764142402 (alk. paper)
- Physical Description: xii, 756 p. : ill. ; 23 cm.
- Edition: 5th ed.
- Publisher: Hauppauge, N.Y. : Barron's Educational Series, c2009.
Content descriptions
| Bibliography, etc. Note: | Includes bibliographical references and index. |
Search for related items by subject
| Subject: | Business law > United States. |
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Available copies
- 1 of 1 copy available at Kirtland Community College.
Holds
- 0 current holds with 1 total copy.
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| Location | Call Number / Copy Notes | Barcode | Shelving Location | Status | Due Date |
|---|---|---|---|---|---|
| Kirtland Community College Library | KF 889.8 .E46 2009 | 30540205 | General Collection | Available | - |
Table of Contents
Business Law
| Section | Section Description | Page Number |
|---|---|---|
| Preface | p. x | |
| The Law and Society | ||
| 1 | Origin and Nature of Law | p. 3 |
| The Origin of Law | p. 3 | |
| Definitions of Law | p. 4 | |
| Law and Morality | p. 5 | |
| Development of Civil Law | p. 6 | |
| Development of Common Law | p. 7 | |
| Substantive Law and Procedural Law | p. 10 | |
| The Attorney's Many Roles and Ethical Duties | p. 11 | |
| Uniform Laws | p. 14 | |
| Researching the Law | p. 15 | |
| A Review of Categories of Law | p. 16 | |
| Know the Concepts | p. 17 | |
| Practical Application | p. 18 | |
| Answers | p. 19 | |
| 2 | Government Under Law | p. 21 |
| Sources of U.S. Law | p. 21 | |
| The U.S. Constitution | p. 22 | |
| Federal Statutes | p. 25 | |
| The State Constitutions | p. 32 | |
| State Statutes | p. 34 | |
| Local Ordinances | p. 35 | |
| Rulings of Federal, State, and Local Agencies (Administrative Law) | p. 36 | |
| Decisions by Federal and State Courts | p. 38 | |
| Know the Concepts | p. 39 | |
| Practical Application | p. 40 | |
| Answers | p. 41 | |
| 3 | The U.S. Court System and the Legal Process | p. 43 |
| The Two Major U.S. Judicial Systems | p. 43 | |
| Taking a Case to Court | p. 53 | |
| Out-of-Court Procedures for Settling Disputes | p. 66 | |
| Administrative Agency Proceedings | p. 68 | |
| The Inquisitional Approach and the Adversarial Model | p. 70 | |
| How Cases Are Cited | p. 72 | |
| Know the Concepts | p. 73 | |
| Practical Application | p. 74 | |
| Answers | p. 75 | |
| Contracts | ||
| 4 | Nature, Classification, and Formation | p. 81 |
| Nature of Contracts | p. 81 | |
| Classification of Contracts | p. 83 | |
| Negotiation | p. 85 | |
| Forming a Contract | p. 87 | |
| Know the Concepts | p. 99 | |
| Practical Application | p. 100 | |
| Answers | p. 100 | |
| 5 | Reality of the Contract: Did the Minds Really Meet? | p. 103 |
| Mistake | p. 104 | |
| Fraud | p. 106 | |
| Innocent (Nonfraudulent) Misrepresentation | p. 110 | |
| Undue Influence | p. 110 | |
| Duress | p. 112 | |
| Unconscionability | p. 113 | |
| Know the Concepts | p. 114 | |
| Practical Application | p. 115 | |
| Answers | p. 116 | |
| 6 | Capacity of the Parties and Legality of Subject Matter | p. 118 |
| Capacity of the Parties | p. 118 | |
| Legality of Subject Matter | p. 122 | |
| Know the Concepts | p. 127 | |
| Practical Application | p. 128 | |
| Answers | p. 128 | |
| 7 | The Statute of Frauds; Parol Evidence Rule; Privity | p. 130 |
| The Statute of Frauds | p. 130 | |
| Parol Evidence Rule | p. 136 | |
| Privity | p. 137 | |
| Know the Concepts | p. 141 | |
| Practical Application | p. 142 | |
| Answers | p. 143 | |
| 8 | Discharge; Damages and Other Remedies | p. 144 |
| Discharge | p. 144 | |
| Damages | p. 154 | |
| Other Remedies | p. 158 | |
| Know the Concepts | p. 161 | |
| Practical Application | p. 162 | |
| Answers | p. 163 | |
| 9 | Special Problems Concerning Sales Contracts | p. 166 |
| Article 2 of the Uniform Commercial Code | p. 166 | |
| Principal Changes for Sales Contracts in Article 2 | p. 167 | |
| The Convention on Contracts for the International Sale of Goods | p. 170 | |
| Nonsales Transactions | p. 173 | |
| Definition of a Sale | p. 174 | |
| Transfer of Title | p. 174 | |
| Risk of Loss | p. 175 | |
| Performance of the Sales Contract | p. 178 | |
| Remedies for Breach of Sales Contracts | p. 180 | |
| Know the Concepts | p. 182 | |
| Practical Application | p. 183 | |
| Answers | p. 183 | |
| Commercial Relations | ||
| 10 | Negotiable Instruments: Definitions, Concepts, and Negotiation | p. 187 |
| The Negotiable Instrument as a Form of Commercial Paper | p. 188 | |
| Development of the Law Governing Negotiable Instruments | p. 188 | |
| The Uniform Commercial Code, Articles 3 and 4 | p. 189 | |
| Elements of Negotiability | p. 190 | |
| Types of Negotiable Instruments | p. 195 | |
| The Parties to a Negotiable Instrument | p. 196 | |
| Advantages of Negotiable Instruments over Ordinary Contracts | p. 197 | |
| The Assignee of a Contract Versus the Holder of a Negotiable Instrument | p. 198 | |
| Negotiation | p. 200 | |
| Indorsements | p. 201 | |
| Know the Concepts | p. 203 | |
| Practical Application | p. 204 | |
| Answers | p. 206 | |
| 11 | Negotiable Instruments: The Holder in Due Course, Defenses, Liability, and Discharge | p. 209 |
| Holder in Due Course | p. 210 | |
| Defenses | p. 216 | |
| Liabilities Among Parties | p. 220 | |
| Discharge | p. 228 | |
| Know the Concepts | p. 229 | |
| Practical Application | p. 230 | |
| Answers | p. 231 | |
| 12 | Banking Procedures and the Bank/Customer Relationship | p. 234 |
| The Contract Between Bank and Customer | p. 234 | |
| Rules Governing the Payment of Checks | p. 238 | |
| Certification of Checks | p. 239 | |
| Alterations | p. 240 | |
| Summary of Important Article 4 Rules | p. 241 | |
| Electronic Funds Transfer Act | p. 242 | |
| Know the Concepts | p. 243 | |
| Practical Application | p. 244 | |
| Answers | p. 245 | |
| 13 | Creditors' Rights and Debtors' Protection; Bankruptcy; Secured Transactions | p. 247 |
| Creditors' Rights: Collection of Debts | p. 248 | |
| Protection for Debtors | p. 252 | |
| Bankruptcy and Reorganization | p. 256 | |
| Secured Transactions | p. 265 | |
| Know the Concepts | p. 276 | |
| Practical Application | p. 277 | |
| Answers | p. 279 | |
| Business Formations | ||
| 14 | Agency | p. 285 |
| Nature of Agency and Agency Law | p. 285 | |
| Agency and Other Legal Concepts Whereby One Person May or May Not Perform Services for Another | p. 286 | |
| Creation of Agency | p. 288 | |
| The Agent/Principal Relationship | p. 290 | |
| Liability of Principal and Agent to Third Parties | p. 293 | |
| Termination of Agency | p. 299 | |
| Know the Concepts | p. 301 | |
| Practical Application | p. 302 | |
| Answers | p. 303 | |
| 15 | Types of Business Organizations; Partnerships; Franchises | p. 305 |
| Types of Business Organizations | p. 306 | |
| General Partnerships | p. 315 | |
| Limited Partnerships | p. 328 | |
| Franchises | p. 333 | |
| Know the Concepts | p. 336 | |
| Practical Application | p. 337 | |
| Answers | p. 338 | |
| 16 | Corporations: Nature, Formation, Types, and Powers | p. 341 |
| Nature of a Corporation | p. 341 | |
| Background of Corporations | p. 342 | |
| Corporate Attributes | p. 343 | |
| Formation of the Corporation | p. 346 | |
| Types of Corporations | p. 348 | |
| Nature and Content of the Charter; Bylaws | p. 353 | |
| Corporate Powers and Limitations on Them | p. 356 | |
| Regulation of Foreign Corporations | p. 358 | |
| Know the Concepts | p. 359 | |
| Practical Application | p. 360 | |
| Answers | p. 361 | |
| 17 | Management of the Corporation; Termination | p. 364 |
| Corporate Overview | p. 364 | |
| Shareholders | p. 366 | |
| Board of Directors | p. 373 | |
| Officers | p. 379 | |
| Other Employees | p. 381 | |
| Termination of the Corporation | p. 381 | |
| Know the Concepts | p. 383 | |
| Practical Application | p. 384 | |
| Answers | p. 385 | |
| 18 | Corporations: Financial Structure; Securities Regulation; Liability of Accountants | p. 387 |
| Corporate Financial Structure | p. 388 | |
| Securities Regulation | p. 397 | |
| Liability of Accountants | p. 417 | |
| Know the Concepts | p. 420 | |
| Practical Application | p. 421 | |
| Answers | p. 422 | |
| Special Topics | ||
| 19 | Crimes and Torts | p. 429 |
| Important Facts About Crimes | p. 429 | |
| Important Facts About Torts | p. 436 | |
| Comparison of Crimes and Torts | p. 443 | |
| Examples of Torts | p. 443 | |
| Examples of Business Crimes, with Tort Equivalents | p. 450 | |
| The Businessperson as Criminal Defendant | p. 453 | |
| General Defenses to Crimes and Torts | p. 454 | |
| Product Liability | p. 458 | |
| Know the Concepts | p. 470 | |
| Practical Application | p. 472 | |
| Answers | p. 474 | |
| 20 | Property | p. 480 |
| Property as a Legal Concept | p. 480 | |
| Personal Property | p. 481 | |
| Joint Ownership of Property | p. 491 | |
| Real Property | p. 492 | |
| Comparison of Major Property Arrangements | p. 504 | |
| Know the Concepts | p. 504 | |
| Practical Application | p. 506 | |
| Answers | p. 507 | |
| 21 | Insurance, Trusts, and Wills | p. 510 |
| Trusts and Wills | p. 510 | |
| Insurance | p. 512 | |
| Know the Concepts | p. 514 | |
| Practical Application | p. 515 | |
| Answers | p. 515 | |
| 22 | Antitrust Law | p. 517 |
| Sherman Act | p. 517 | |
| Clayton Act | p. 522 | |
| Monopoly Power: Some Important Concepts | p. 524 | |
| Robinson-Patman Act | p. 525 | |
| Federal Trade Commission Act | p. 526 | |
| Antitrust Law Enforcement | p. 527 | |
| Exemptions from Antitrust Laws | p. 528 | |
| Know the Concepts | p. 528 | |
| Practical Application | p. 530 | |
| Answers | p. 531 | |
| 23 | Environmental Law | p. 535 |
| National Environmental Policy | p. 535 | |
| Water Pollution | p. 536 | |
| Air Pollution | p. 538 | |
| Land Pollution | p. 539 | |
| Nuclear Power Regulation | p. 543 | |
| Protection of Wildlife | p. 544 | |
| The Cost of Environmental Regulation | p. 545 | |
| International Environmental Law | p. 546 | |
| Know the Concepts | p. 547 | |
| Practical Application | p. 548 | |
| Answers | p. 549 | |
| 24 | Employment Law | p. 551 |
| Health and Safety Legislation | p. 552 | |
| Fair Labor Standards Act | p. 554 | |
| Income Protection | p. 555 | |
| Protection Against Discrimination | p. 556 | |
| Know the Concepts | p. 570 | |
| Practical Application | p. 572 | |
| Answers | p. 572 | |
| 25 | Labor-Management Relations Law | p. 574 |
| The National Labor Relations Act: Framework for Almost All Labor Law | p. 575 | |
| The Role of the National Labor Relations Board | p. 578 | |
| The Labor Negotiation Process | p. 579 | |
| Labor Dispute Resolution: Concerted Activities | p. 581 | |
| Know the Concepts | p. 582 | |
| Practical Application | p. 584 | |
| Answers | p. 584 | |
| 26 | Legal Topics Concerning Information Technology: Intellectual Property, Computer Law, and Privacy | p. 587 |
| Intellectual Property | p. 587 | |
| Copyright Protection for Computer Programs | p. 593 | |
| Trademarks and Other Trade Symbols | p. 594 | |
| Computer Crimes and Torts | p. 597 | |
| Privacy Issues | p. 598 | |
| International Law Topic | p. 601 | |
| Know the Concepts | p. 602 | |
| Practical Application | p. 603 | |
| Answers | p. 603 | |
| 27 | Taxation | p. 605 |
| Historical Perspective | p. 605 | |
| The Internal Revenue Service | p. 606 | |
| Types of Taxes | p. 606 | |
| The Income Tax | p. 607 | |
| Employer Responsibilities: Taxes | p. 608 | |
| Back Taxes | p. 609 | |
| Independent Contractors | p. 610 | |
| Statutory Employees | p. 610 | |
| Self-Employment Taxes | p. 611 | |
| Cash and Accrual Methods for Income and Expenses | p. 611 | |
| Tax Deductions | p. 612 | |
| Know the Concepts | p. 613 | |
| Practical Application | p. 614 | |
| Answers | p. 615 | |
| 28 | International Law | p. 616 |
| International Law and U.S. Law | p. 616 | |
| Treaties and Business | p. 618 | |
| National Law and Foreign Governments | p. 618 | |
| Trade | p. 619 | |
| Immigration | p. 621 | |
| Regulation and Nationalization | p. 622 | |
| International Dispute Resolution | p. 623 | |
| Know the Concepts | p. 623 | |
| Practical Application | p. 624 | |
| Answers | p. 625 | |
| Glossary | p. 627 | |
| Index | p. 744 |
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