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Instructor Solution Manual for Law for Business 15th Edition Barnes Chapter 1-47
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Law for Business 15e Barnes
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Law For Business 15e Barnes
Instructor Solution Manual for Law for Business 15th Edition Barnes Chapter 1-47. PART ONE: Introduction to the Law Chapter 1: Law and Legal Reasoning Chapter 2: Dispute Settlement Chapter 3: Business Ethics and Corporate Social Responsibility Chapter 4: Business and the Constitution Chapter 5: Cri...
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1-1 © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC. Instuctor Manual For Law for Business 15e Barnes 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 o f 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 o f legal jur isprudence. 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 con sensus 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 cas e involving the woman who burned herself with coffee from McDonald’s would be appropriate here. MEDCONNOISSEUR 1-2 © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC. 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 l ead 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 syste m tries to match rights with corresponding duties. 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. Cont rast 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 t han 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. c. Point out that often one can be subject to sanctions under both criminal and civil laws without violating the proscr iption 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 corrup tly 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 investi gation at the time of his activities. Citing the need to construe criminal MEDCONNOISSEUR 1-3 © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC. 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 rul es 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 b elieved to grant the Government too much discretion in determining what constituted a crime. 7. The brief introduction to our legal system should be a review for most students. a. The constitutional law material is more heavily discussed in Chapter 4. An argumen t can be made for it to be presented immediately following this chapter. However, we believe students should first review Chapter 2’s discussion of the dispute resolution system. b. Talk about the role of the courts in determining the constitutionality of leg islation. Do they believe this gives the courts too much power? c. Explain the relationship between state laws and federal laws. Make certain the students understand that state laws may not violate the federal constitution and must be consistent with federal statutes. Henry Schein v. Archer & White Sales The Federal Arbitration Act provides that parties may, through their power to contract, agree that their disputes will be arbitrated. In addition, the Act allows those same parties to agree that an arbitrator, rather than a court, will determine whether that arbitration clause applies to any particular dispute they may have. However, s everal federal appellate courts carved out a ―wholly groundless‖ exception to the latter rule by which they allowed courts to co nclude that arbitration was not appropriate when the court believed the claim of arbitrability was groundless. In this case, the U.S. Supreme Court, citing both the statute and Supreme Court precedent, ruled that the ―wholly groundless‖ exception was imper missible because it contradicted the statute. Points for Discussion : This case is an example of the limits on the judiciary’s discretion under the common law. It illustrates that in the hierarchy of laws, legislative law is superior to judge -
