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