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Business Law

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ISBN-10: 0764142402

ISBN-13: 9780764142406

Edition: 5th 2009 (Revised)

Authors: Robert W. Emerson

List price: $22.99
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Description:

Titles in Barron’sBusiness Reviewseries are widely used as classroom supplements to college textbooks, and often serve as a main textbook in business brush-up programs.Business Lawfocuses on the importance of legal theory in the everyday business world, explaining such subjects as tort responsibility, government regulations, contracts, environmental law, product liability, consumer protection, and international law, among many other topics. Also discussed in detail are the legal aspects partnerships, franchises, and corporations, and special topics that include business crimes, property as a legal concept, intellectual property, and similar pertinent topics. A study aid labeledKey…    
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Book details

List price: $22.99
Edition: 5th
Copyright year: 2009
Publisher: Kaplan Publishing
Publication date: 10/1/2009
Binding: Paperback
Pages: 768
Size: 6.00" wide x 8.75" long x 1.50" tall
Weight: 2.2
Language: English

Preface
The Law and Society
Origin and Nature of Law
The Origin of Law
Definitions of Law
Law and Morality
Development of Civil Law
Development of Common Law
Substantive Law and Procedural Law
The Attorney's Many Roles and Ethical Duties
Uniform Laws
Researching the Law
A Review of Categories of Law
Know the Concepts
Practical Application
Answers
Government Under Law
Sources of U.S. Law
The U.S. Constitution
Federal Statutes
The State Constitutions
State Statutes
Local Ordinances
Rulings of Federal, State, and Local Agencies (Administrative Law)
Decisions by Federal and State Courts
Know the Concepts
Practical Application
Answers
The U.S. Court System and the Legal Process
The Two Major U.S. Judicial Systems
Taking a Case to Court
Out-of-Court Procedures for Settling Disputes
Administrative Agency Proceedings
The Inquisitional Approach and the Adversarial Model
How Cases Are Cited
Know the Concepts
Practical Application
Answers
Contracts
Nature, Classification, and Formation
Nature of Contracts
Classification of Contracts
Negotiation
Forming a Contract
Know the Concepts
Practical Application
Answers
Reality of the Contract: Did the Minds Really Meet?
Mistake
Fraud
Innocent (Nonfraudulent) Misrepresentation
Undue Influence
Duress
Unconscionability
Know the Concepts
Practical Application
Answers
Capacity of the Parties and Legality of Subject Matter
Capacity of the Parties
Legality of Subject Matter
Know the Concepts
Practical Application
Answers
The Statute of Frauds; Parol Evidence Rule; Privity
The Statute of Frauds
Parol Evidence Rule
Privity
Know the Concepts
Practical Application
Answers
Discharge; Damages and Other Remedies
Discharge
Damages
Other Remedies
Know the Concepts
Practical Application
Answers
Special Problems Concerning Sales Contracts
Article 2 of the Uniform Commercial Code
Principal Changes for Sales Contracts in Article 2
The Convention on Contracts for the International Sale of Goods
Nonsales Transactions
Definition of a Sale
Transfer of Title
Risk of Loss
Performance of the Sales Contract
Remedies for Breach of Sales Contracts
Know the Concepts
Practical Application
Answers
Commercial Relations
Negotiable Instruments: Definitions, Concepts, and Negotiation
The Negotiable Instrument as a Form of Commercial Paper
Development of the Law Governing Negotiable Instruments
The Uniform Commercial Code, Articles 3 and 4
Elements of Negotiability
Types of Negotiable Instruments
The Parties to a Negotiable Instrument
Advantages of Negotiable Instruments over Ordinary Contracts
The Assignee of a Contract Versus the Holder of a Negotiable Instrument
Negotiation
Indorsements
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Practical Application
Answers
Negotiable Instruments: The Holder in Due Course, Defenses, Liability, and Discharge
Holder in Due Course
Defenses
Liabilities Among Parties
Discharge
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Practical Application
Answers
Banking Procedures and the Bank/Customer Relationship
The Contract Between Bank and Customer
Rules Governing the Payment of Checks
Certification of Checks
Alterations
Summary of Important Article 4 Rules
Electronic Funds Transfer Act
Know the Concepts
Practical Application
Answers
Creditors' 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
Agency
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
Types of Business Organizations; Partnerships; Franchises
Types of Business Organizations
General Partnerships
Limited Partnerships
Franchises
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Practical Application
Answers
Corporations: Nature, Formation, Types, and Powers
Nature of a Corporation
Background of Corporations
Corporate Attributes
Formation of the Corporation
Types of Corporations
Nature and Content of the Charter; Bylaws
Corporate Powers and Limitations on Them
Regulation of Foreign Corporations
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Practical Application
Answers
Management of the Corporation; Termination
Corporate Overview
Shareholders
Board of Directors
Officers
Other Employees
Termination of the Corporation
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Practical Application
Answers
Corporations: Financial Structure; Securities Regulation; Liability of Accountants
Corporate Financial Structure
Securities Regulation
Liability of Accountants
Know the Concepts
Practical Application
Answers
Special Topics
Crimes and Torts
Important Facts About Crimes
Important Facts About Torts
Comparison of Crimes and Torts
Examples of Torts
Examples of Business Crimes, with Tort Equivalents
The Businessperson as Criminal Defendant
General Defenses to Crimes and Torts
Product Liability
Know the Concepts
Practical Application
Answers
Property
Property as a Legal Concept
Personal Property
Joint Ownership of Property
Real Property
Comparison of Major Property Arrangements
Know the Concepts
Practical Application
Answers
Insurance, Trusts, and Wills
Trusts and Wills
Insurance
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Practical Application
Answers
Antitrust Law
Sherman Act
Clayton Act
Monopoly Power: Some Important Concepts
Robinson-Patman Act
Federal Trade Commission Act
Antitrust Law Enforcement
Exemptions from Antitrust Laws
Know the Concepts
Practical Application
Answers
Environmental Law
National Environmental Policy
Water Pollution
Air Pollution
Land Pollution
Nuclear Power Regulation
Protection of Wildlife
The Cost of Environmental Regulation
International Environmental Law
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Practical Application
Answers
Employment Law
Health and Safety Legislation
Fair Labor Standards Act
Income Protection
Protection Against Discrimination
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Practical Application
Answers
Labor-Management Relations Law
The National Labor Relations Act: Framework for Almost All Labor Law
The Role of the National Labor Relations Board
The Labor Negotiation Process
Labor Dispute Resolution: Concerted Activities
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Practical Application
Answers
Legal Topics Concerning Information Technology: Intellectual Property, Computer Law, and Privacy
Intellectual Property
Copyright Protection for Computer Programs
Trademarks and Other Trade Symbols
Computer Crimes and Torts
Privacy Issues
International Law Topic
Know the Concepts
Practical Application
Answers
Taxation
Historical Perspective
The Internal Revenue Service
Types of Taxes
The Income Tax
Employer Responsibilities: Taxes
Back Taxes
Independent Contractors
Statutory Employees
Self-Employment Taxes
Cash and Accrual Methods for Income and Expenses
Tax Deductions
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Practical Application
Answers
International Law
International Law and U.S. Law
Treaties and Business
National Law and Foreign Governments
Trade
Immigration
Regulation and Nationalization
International Dispute Resolution
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Practical Application
Answers
Glossary
Index