Business Law and the Regulation of Business, 13th Edition by Mann Test Bank

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Test Bank for Business Law and the Regulation of Business, 13th Edition, 13e by Richard A. Mann, Barry S. Roberts TEST BANK ISBN-13: 9780357042526 Full chapters included Part I: Introduction to L... aw and Ethics Chapter 1: Introduction to Law Nature of Law Classification of Law Concept Review: Comparison of Civil and Criminal Law Sources of Law Concept Review: Comparison of Law and Equity Going Global: What is the WTO? Legal Analysis Applying the Law: Introduction to Law Chapter 2: Business Ethics Law Versus Ethics Ethical Theories Ethical Standards in Business Ethical Responsibilities of Business Business Ethics Cases Pharmakon Drug Company Mykon’s Dilemma Oliver Winery, Inc. JLM, Inc. Sword Technology, Inc. Vulcan, Inc. Part II: The Legal Environment of Business Chapter 3: Civil Dispute Resolution The Court System The Federal Courts State Courts Jurisdiction Subject Matter Jurisdiction Concept Review: Subject Matter Jurisdiction Jurisdiction Over the Parties Civil Dispute Resolution Civil Procedure Concept Review: Comparison of Court Adjudication, Arbitration, and Mediation/Conciliation Alternative Dispute Resolution Business Law in Action Going Global: What about International Dispute Resolution? Chapter 4: Constitutional Law Basic Principles Powers of Government Limitations on Government Concept Review: Limitations on Government Ethical Dilemma: Who Is Responsible for Commercial Speech? Chapter 5: Administrative Law Operation of Administrative Agencies Concept Review: Administrative Rulemaking Limits on Administrative Agencies Ethical Dilemma: Should the Terminally Ill Be Asked to Await FDA Approval of Last-Chance Treatments? Chapter 6: Criminal Law Nature of Crimes Concept Review: Degrees of Mental Fault Classification White-Collar Crime Crimes Against Business Applying the Law: Criminal Law Going Global: What about International Bribery? Defenses to Crimes Criminal Procedure Concept Review: Constitutional Protection for the Criminal Defendant Chapter 7: Intentional Torts Harm to the Person Harm to the Right of Dignity Business Law in Action Concept Review: Privacy Harm to Property Harm to Economic Interests Concept Review: Intentional Torts Ethical Dilemma: What May One Do to Attract Clients from a Previous Employer? Chapter 8: Negligence and Strict Liability Negligence Breach of Duty of Care Factual Cause Scope of Liability (Proximate Cause) Harm Defenses to Negligence Strict Liability Activities Giving Rise to Strict Liability Defenses to Strict Liability Ethical Dilemma: What Are the Obligations of a Bartender to His Patrons? Part III: Contracts Chapter 9: Introduction to Contracts Development of the Law of Contracts Definition of Contract Requirements of a Contract Classification of Contracts Going Global: What about international contracts? Promissory Estoppel Quasi Contracts or ­Restitution Concept Review: Contracts, Promissory Estoppel, and Quasi Contracts (Restitution) Business Law in Action Chapter 10: Mutual Assent Offer Essentials of An Offer Duration of Offers Applying the Law: Mutual Assent Acceptance of Offer Communication of Acceptance Variant Acceptances Concept Review: Offer and Acceptance Business Law in Action Chapter 11: Conduct Invalidating Assent Duress Undue Influence Fraud Nonfraudulent ­Misrepresentation Mistake Concept Review: Misrepresentation Applying the Law: Conduct Invalidating Assent Concept Review: Conduct Invalidating Assent Chapter 12: Consideration Legal Sufficiency Concept Review: Consideration in Unilateral and Bilateral Contracts Bargained-for Exchange Contracts Without Consideration Business Law in Action Ethical Dilemma: Should a Spouse’s Promise Be Legally Binding? Chapter 13: Illegal Bargains Violations of Statutes Violations of Public Policy Business Law in Action Effect of Illegality Ethical Dilemma: When Is a Bargain Too Hard? Chapter 14: Contractual Capacity Minors Business Law in Action Incompetent Persons Intoxicated Persons Ethical Dilemma: Should a Merchant Sell to One Who Lacks Capacity? Chapter 15: Contracts in Writing Statute of Frauds Contracts Within the Statute of Frauds Going Global: What about Electronic Commerce and Electronic Signatures in International Contracts? Concept Review: The Statute of Frauds Compliance with the Statute of Frauds Business Law in Action Effect of Noncompliance Parol Evidence Rule The Rule Situations to Which the Rule Does not Apply Supplemental Evidence Interpretation of Contracts Ethical Dilemma: What’s (Wrong) in a Contract? Chapter 16: Third Parties to Contracts Assignment of Rights Delegation of Duties Applying the Law: Third Parties to Contracts Third-Party Beneficiary Contracts Chapter 17: Performance, Breach, and Discharge Conditions Discharge by Performance Discharge by Breach Applying the Law: Performance, Breach, and Discharge Discharge by Agreement of the Parties Discharge by Operation of Law Chapter 18: Contract Remedies Monetary Damages Business Law in Action Remedies in Equity Restitution Limitations on Remedies Remedies for Misrepresentation Part IV: Sales Chapter 19: Introduction to Sales and Leases Nature of Sales and Leases Definitions Going Global: What Law Governs International Sales? Fundamental Principles of Article 2 and Article 2A Formation of Sales and Lease ­Contracts Manifestation of Mutual Assent Consideration Form of the Contract Business Law in Action Concept Review: Contract Law Compared with Law of Sales Ethical Dilemma: What Constitutes Unconscionability in a Business? Chapter 20: Performance Performance by the Seller Performance by the Buyer Obligations of Both Parties Going Global: What about letters of credit? Ethical Dilemma: Should a Buyer Refuse to Perform a Contract Because a Legal Product May Be Unsafe? Chapter 21: Transfer of Title and Risk of Loss Transfer of Title Risk of Loss Bulk Sales Ethical Dilemma: Who Should Bear the Loss? Chapter 22: Product Liability: Warranties and Strict Liability Warranties Types of Warranties Obstacles to Warranty Actions Concept Review: Warranties Strict Product Liability in Tort Requirements Under Second Restatement of Torts Obstacles to Recovery Under Second Restatement Business Law in Action Restatement (Third) of Torts: Products Liability Concept Review: Product Liability Ethical Dilemma: When Should a Company Order a Product Recall? Chapter 23: Sales Remedies Remedies of the Seller Remedies of the Buyer Concept Review: Remedies of the Seller Applying the Law: Sales Remedies Concept Review: Remedies of the Buyer Contractual Provisions Affecting Remedies Part V: Negotiable Instruments Chapter 24: Form and Content Concept Review: Use of Negotiable Instruments Negotiability Types of Negotiable ­Instruments Formal Requirements of ­Negotiable Instruments Chapter 25: Transfer and Holder in Due Course Transfer Negotiation Indorsements Holder in Due Course Requirements of a Holder in Due Course Concept Review: Indorsements Applying the Law: Transfer of Negotiable Instruments Holder in Due Course Status The Preferred Position of a Holder in Due Course Limitations Upon Holder in Due Course Rights Ethical Dilemma: What Responsibility Does a Holder Have in Negotiating Commercial Paper? Chapter 26: Liability of Parties Contractual Liability Signature Liability of Primary Parties Liability of Secondary Parties Concept Review: Contractual Liability Termination of Liability Business Law in Action Liability Based on Warranty Warranties on Transfer Warranties on Presentment Ethical Dilemma: Who Gets to Pass the Buck on a Forged Indorsement? Chapter 27: Bank Deposits, Collections, and Funds Transfers Bank Deposits and Collections Collection of Items Going Global: What About Letters of Credit? Relationship Between Payor Bank and its ­Customer Electronic Funds Transfer Types of Electronic Funds Transfer Business Law in Action Consumer Funds Transfers Wholesale Funds Transfers Concept Review: Parties to a Funds Transfer Ethical Dilemma: Can Embezzlement Ever Be a Loan? Part VI: Agency Chapter 28: Relationship of Principal and Agent Nature of Agency Creation of Agency Duties of Agent to Principal Duties of Principal to Agent Termination of Agency Applying the Law: Relationship of Principal and Agent Ethical Dilemma: Is Medicaid Designed to Protect Inheritances? Chapter 29: Relationship with Third Parties Relationship of Principal and Third Persons Contract Liability of Principal Business Law in Action Business Law in Action Tort Liability of Principal Criminal Liability of Principal Relationship of Agent and Third ­Persons Contract Liability of Agent Tort Liability of Agent Rights of Agent Against Third Person Ethical Dilemma: When Should an Agent’s Power to Bind His Principal Terminate? Part VII: Business Associations Chapter 30: Formation and ­Internal ­Relations of ­General Partnerships Choosing a Business Association Factors Affecting the Choice Forms of Business Associations Concept Review: General Partnership, Limited Partnership, Limited Liability Company, and Corporatio Going Global: What About Multinational Enterprises? Formation of General Partnerships Nature of Partnership Formation of a Partnership Relationships Among Partners Duties Among Partners Rights Among Partners Concept Review: Partnership Property Compared with Partner’s Interest Ethical Dilemma: When Is an Opportunity a Partnership Opportunity? Chapter 31: Operation and Dissolution of ­General Partnerships Relationship of ­Partnership and Partners with Third Parties Contracts of Partnership Business Law in Action Torts and Crimes of ­Partnership Notice to a Partner Liability of Incoming Partner Dissociation and ­Dissolution of ­General Partnerships Under the RUPA Dissociation Dissolution Concept Review: Dissociation and Dissolution Under the RUPA Dissociation Without ­Dissolution Dissolution of ­General Partnerships Under the UPA Dissolution Winding Up Ethical Dilemma: What Duty of Disclosure Is Owed to Incoming Partners? Chapter 32: Limited Partnerships and ­Limited ­Liability Companies Limited Partnerships Concept Review: Comparison of General and Limited Partners Limited Liability Companies Applying the Law: Limited Partnerships and Limited Liability Companies Concept Review: Comparison of Member-Managed and Manager-Managed LLCs Other Unincorporated ­Business Associations Concept Review: Liability Limitations in LLPs Chapter 33: Nature and Formation of Corporations Nature of Corporations Corporate Attributes Classification of Corporations Business Law in Action Formation of a Corporation Business Law in Action Organizing the Corporation Formalities of Incorporation Recognition or Disregard of ­Corporateness Defective Incorporation Concept Review: Comparison of Articles of Incorporation and Bylaws Piercing the Corporate Veil Corporate Powers Sources of Corporate Powers Ultra Vires Acts Liability for Torts and Crimes Chapter 34: Financial Structure of Corporations Debt Securities Going Global: What about foreign investment? Authority to Issue Debt ­Securities Types of Debt Securities Business Law in Action Equity Securities Issuance of Shares Classes of Shares Concept Review: Debt and Equity Securities Dividends and Other Distributions Types of Dividends and Other Distributions Legal Restrictions on ­Dividends and Other ­Distributions Applying the Law: Financial Structure of Corporations Declaration and Payment of Distributions Liability for Improper Dividends and Distributions Concept Review: Liability for Improper Distributions Chapter 35: Management Structure of Corporations Corporate Governance Role of Shareholders Voting Rights of Shareholders Concept Review: Concentrations of Voting Power Enforcement Rights of Shareholders Role of Directors and Officers Function of the Board of Directors Election and Tenure of Directors Exercise of Directors’ Functions Officers Duties of Directors and Officers Business Law in Action Ethical Dilemma: Whom Does a Director Represent? What Are a Director’s Duties? Chapter 36: Fundamental Changes of Corporations Amendments to the Articles of Incorporation Combinations Dissolution Concept Review: Fundamental Changes under the RMBCA Ethical Dilemma: What Rights Do Minority Shareholders Have? Part VIII: Debtor and Creditor Relations Chapter 37: Secured Transactions and Suretyship Secured Transactions in Personal Property Essentials of Secured ­Transactions Classification of Collateral Attachment Perfection Priorities Among Competing Interests Concept Review: Applicable Method of Perfection Concept Review: Requisites for Enforceability of Security Interests Concept Review: Priorities Default Business Law in Action Suretyship Nature and Formation Duties of Surety Rights of Surety Defenses of Surety and ­Principal Debtor Ethical Dilemma: What Price Is “Reasonable” in Terms of Repossession? Chapter 38: Bankruptcy Federal Bankruptcy Law Going Global: What about transnational bankruptcies? Case Administration—Chapter 3 Creditors, the Debtor, and the Estate— Chapter 5 Liquidation—Chapter 7 Applying the Law: Bankruptcy Reorganization—Chapter 11 Adjustment of Debts of ­Individuals— Chapter 13 Concept Review: Comparison of Bankruptcy Proceedings Creditors’ Rights and Debtors’ Relief Outside of Bankruptcy Creditors’ Rights Debtors’ Relief Ethical Dilemma: For a Company Contemplating Bankruptcy, When Is Disclosure the Best Policy? Part IX: Regulation of Business Chapter 39: Securities Regulation The Securities Act of 1933 Definition of a Security Registration of Securities Exempt Securities Exempt Transactions for ­Issuers Exempt Transactions for ­Nonissuers Concept Review: Exempt Transactions for Issuers Under the 1933 Act Liability The Securities Exchange Act of 1934 Disclosure Liability Concept Review: Disclosure Under the 1934 Act Business Law in Action Going Global: What About International Securities Regulation? Concept Review: Civil Liability Under the 1933 and 1934 Acts Ethical Dilemma: What Information May a Corporate Employee Disclose? Chapter 40: Intellectual Property Trade Secrets Trade Symbols Trade Names Copyrights Patents Going Global: How is Intellectual Property Protected Internationally? Concept Review: Intellectual Property Ethical Dilemma: Who Holds the Copyright on Lecture Notes? Chapter 41: Employment Law Labor Law Concept Review: Unfair Labor Practices Employment Discrimination Law Concept Review: Federal Employment Discrimination Laws Business Law in Action Going Global: Do Federal antidiscrimination laws apply outside the United States? Employee Protection Ethical Dilemma: What (Unwritten) Right to a Job Does an Employee Have? Chapter 42: Antitrust Sherman Antitrust Act Going Global: Do the Antitrust Laws Apply Outside the United States? Concept Review: Restraints of Trade Under Sherman Act Clayton Act Robinson-Patman Act Federal Trade Commission Act Ethical Dilemma: When Is an Agreement Anticompetitive? Chapter 43: Accountants’ Legal Liability Common Law Federal Securities Law Applying the Law: Accountants’ Legal Liability Concept Review: Accountants’ Liability Under Federal Securities Law Chapter 44: Consumer Protection State and Federal Consumer Protection Agencies Consumer Purchases Concept Review: Consumer Rescission Rights Consumer Credit Transactions Business Law in Action Creditors’ Remedies Ethical Dilemma: Should Some Be Protected from High-Pressure Sales? Chapter 45: Environmental Law Common Law Actions for ­Environmental Damage Nuisance Trespass to Land Strict Liability for ­Abnormally Dangerous ­Activities Problems Common to Private Causes of Action Federal Regulation of the ­Environment The National Environmental Policy Act The Clean Air Act The Clean Water Act Hazardous Substances International Protection of the Ozone Layer Concept Review: Major Federal Environmental Statutes Ethical Dilemma: Distant Concerns Chapter 46: International Business Law The International ­Environment Jurisdiction Over Actions of Foreign Governments Transacting Business Abroad Business Law in Action Forms of Multinational ­Enterprises Ethical Dilemma: Who May Seek Economic Shelter Under U.S. Trade Law? Part X: Property Chapter 47: Introduction to Property, Property ­Insurance, Bailments, and Documents of Title Introduction to ­Property and ­Personal Property Kinds of Property Concept Review: Kinds of Property Transfer of Title to Personal Property Property Insurance Fire and Property Insurance Nature of Insurance ­Contracts Business Law in Action Bailments and Documents of Title Bailments Concept Review: Duties in a Bailment Documents of Title Ethical Dilemma: Who Is Responsible for the Operation of Rental Property? Chapter 48: Interests in Real Property Freehold Estates Leasehold Estates Concept Review: Freehold Estates Concurrent Ownership Concept Review: Rights of Concurrent Owners Nonpossessory Interests Applying the Law: Interests in Real Property Chapter 49: Transfer and Control of Real Property Transfer of Real Property Contract of Sale Deeds Secured Transactions Adverse Possession Public and Private Controls Zoning Eminent Domain Private Restrictions on Land Use Ethical Dilemma: Where Should Cities House the Disadvantaged? Chapter 50: Trusts and Wills Trusts Types of Trusts Creation of Trusts Concept Review: Allocation of Principal and Income Termination of a Trust Decedent’s Estates Wills Business Law in Action Intestate Succession Administration of Estates Ethical Dilemma: When Should Life Support Cease? [Show More]

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