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INSTUCTOR ANUAL FOR LAW FOR BUSINESS 15TH EDITION BY BARNES A+

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INSTUCTOR MANUAL FOR LAW FOR BUSINESS 15TH EDITION BY BARNES A,,

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  • October 2, 2024
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  • 2024/2025
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Created By: Irfan Ali


INSTUCTOR MANUAL FOR LAW FOR BUSINESS 15TH

EDITION BY BARNES A+
Chapter 1-47

CHAPTER 1: LAW AND LEGAL REASONING



LECTURE OUTLINE



1. Discuss the Twisdale case that opens this chapter. It provides an interesting vehicle

for discussing the functions of law and legal interpretation.



a. Have your students identify the various functions of the law and then discuss

which specific functions are furthered by this antiretaliation aspects of the Civil Rights statute.



b. In the context of legal interpretation, the court found that Twisdale did seem to be

protected based on the literal language of the statute. However, it looked beyond the plain

meaning to reject his claim. Specifically, the court believed that interpreting the law in a manner

that would protect him from retaliation would undermine the purpose of the statute. It is

conceivable that the court is motivated by public policy concerns as well.



c. What do your students think of courts who do look at intent and public policy? Use

this as a lead-in for a discussion of legal jurisprudence.




Test Bank Page 1

,Created By: Irfan Ali


2. Question students about their definitions of ―law.‖ Make certain they understand

the importance of law in all aspects of our lives.



3. Discuss the various functions that law serves in society. You might do this by

having the students identify some of them.



a. Discuss the conflicts that arise between and among the various functions of law.

For example, there often are conflicts between the goals of individual freedom and achieving

social justice. Note the problems that arise when there is no clear consensus on what is just.



b. Ask the students if they think that law ever is ―overused.‖ They are likely to cite

numerous examples. For instance, this might be a time to talk about the product liability cases

that are regularly in the headlines. Perhaps the case involving the woman who burned herself

with coffee from McDonald’s would be appropriate here.



c. Have the students discuss what it means to have the law maintain order. You might

ask students if maintaining order means maintaining the status quo. This can lead to a discussion

of legal realism and views that law is used by those in power to retain their power.



4. There is a tendency for people to think of law as imposing duties without

considering how it establishes and preserves rights. Talk about how our system tries to match

rights with corresponding duties.




Test Bank Page 2

,Created By: Irfan Ali


a. Explain how duties, rights, and privileges make up substantive law.



b. Explain that procedural law provides the framework within which substantive laws

are created and enforced. Point out that Chapters 2 and 4 offer a more detailed discussion of

procedural law.



5. Ask the students to think of an example of a duty imposed by substantive law that

might violate some moral or ethical belief. This might be a good time to talk about the various

schools of legal jurisprudence. Have them speculate how a legal positivist would differ from a

legal sociologist or natural law theorist in handling such situations.



6. Contrast criminal law with civil law.



a. Point out that society considers it much worse to be convicted of a crime than to be

held civilly liable. Explain how, as a result, there are more exacting procedural safeguards to

protect a defendant in a criminal trial than in a civil trial.



b. Note the difference between compensatory damages and punitive damages.

Discuss the current uproar over punitive damages and the Supreme Court’s attempt to rein them

in. See State Farm Mutual Automobile Insurance v. Campbell, 123 S.Ct. 1513 (U.S. Sup. Ct.

2003) (establishing guideposts for calculating punitive damages). Punitive damages are

discussed further in Chapter 6.




Test Bank Page 3

, Created By: Irfan Ali


c. Point out that often one can be subject to sanctions under both criminal and civil

laws without violating the proscription against ―double jeopardy.‖ Find out if the students think

that punitive damages in a civil trial, coupled with fines in a criminal trial, constitute a type of

double jeopardy.



Marinello v. United States



Marinello was charged with the crime of corruptly impeding the due administration of the Tax

Code after he engaged in several activities that underreported his taxable income. However, the

U.S. Supreme Court overturned his criminal conviction because Marinello was unaware that he

was under IRS investigation at the time of his activities. Citing the need to construe criminal



statutes narrowly, the Court ruled that the particular statute—the Omnibus Clause—did not cover

all activities that underreported income. The Court believed that the statute covered a narrower

range of activities aimed directly at thwarting the activities of investigations when the taxpayer

knew or should have known an investigation was underway.



Points for Discussion: This case is placed in the text as an example of the general rules

underlying criminal law. Specifically, a person generally cannot be convicted of a crime unless

he or she violates a statute. However, such statutes must be objectively clear to a reasonable

person. This Government’s interpretation of this statute was believed to grant the Government

too much discretion in determining what constituted a crime.




Test Bank Page 4

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