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Legal Basics for Entrepreneurs

Table of Contents

• About the Authors

• Acknowledgments

• Preface

• Chapter 1: Introduction to Law and Legal Systems

  • Chapter Introduction
  • What Is Law?
  • Schools of Legal Thought
  • Basic Concepts and Categories of US Positive Law
  • Sources of Law and Their Priority
  • Legal and Political Systems of the World
  • A Sample Case
  • Summary and Exercises

• Chapter 2: Corporate Social Responsibility and Business Ethics

  • Chapter Introduction
  • What Is Ethics?
  • Major Ethical Perspectives
  • An Ethical Decision Model
  • Corporations and Corporate Governance
  • Summary and Exercises

• Chapter 3: Courts and the Legal Process

  • Chapter Introduction
  • The Relationship between State and Federal Court Systems in the United States
  • The Problem of Jurisdiction
  • Motions and Discovery
  • The Pretrial and Trial Phase
  • Judgment, Appeal, and Execution
  • When Can Someone Bring a Lawsuit?
  • Relations with Lawyers
  • Alternative Means of Resolving Disputes
  • Cases

• Chapter 4: Constitutional Law and US Commerce

  • Chapter Introduction
  • Basic Aspects of the US Constitution
  • The Commerce Clause
  • Dormant Commerce Clause
  • Preemption: The Supremacy Clause
  • Business and the Bill of Rights
  • Cases
  • Summary and Exercises

• Chapter 5: Administrative Law

  • Chapter Introduction
  • Administrative Agencies: Their Structure and Powers
  • Controlling Administrative Agencies
  • The Administrative Procedure Act
  • Administrative Burdens on Business Operations
  • The Scope of Judicial Review
  • Cases
  • Summary and Exercises

• Chapter 6: Criminal Law

  • Chapter Introduction
  • The Nature of Criminal Law
  • Types of Crimes
  • The Nature of a Criminal Act
  • Responsibility
  • Procedure
  • Constitutional Rights of the Accused
  • Cases
  • Summary and Exercises

• Chapter 7: Introduction to Tort Law

  • Chapter Introduction
  • Purpose of Tort Laws
  • Intentional Torts
  • Negligence
  • Strict Liability
  • Cases
  • Summary and Exercises

• Chapter 8: Introduction to Contract Law

  • Chapter Introduction
  • General Perspectives on Contracts
  • Sources of Contract Law
  • Basic Taxonomy of Contracts
  • Cases
  • Summary and Exercises

• Chapter 9: The Agreement

  • Chapter Introduction
  • The Agreement in General
  • The Offer
  • The Acceptance
  • Cases
  • Summary and Exercises

• Chapter 10: Real Assent

  • Chapter Introduction
  • Duress and Undue Influence
  • Misrepresentation
  • Mistake
  • Capacity
  • Cases
  • Summary and Exercises

• Chapter 11: Consideration

  • Chapter Introduction
  • General Perspectives on Consideration
  • Legal Sufficiency
  • Promises Enforceable without Consideration
  • Cases
  • Summary and Exercises

• Chapter 12: Legality

  • Chapter Introduction
  • General Perspectives on Illegality
  • Agreements in Violation of Statute
  • Bargains Made Illegal by Common Law
  • Effect of Illegality and Exceptions
  • Cases
  • Summary and Exercises

• Chapter 13: Form and Meaning

  • Chapter Introduction
  • The Statute of Frauds
  • The Parol Evidence Rule
  • Interpretation of Agreements: Practicalities versus Legalities
  • Cases
  • Summary and Exercises

• Chapter 14: Third-Party Rights

  • Chapter Introduction
  • Assignment of Contract Rights
  • Delegation of Duties
  • Third-Party Beneficiaries
  • Cases
  • Summary and Exercises

• Chapter 15: Discharge of Obligations

  • Chapter Introduction
  • Discharge of Contract Duties
  • Cases
  • Summary and Exercises

• Chapter 16: Remedies

  • Chapter Introduction
  • Theory of Contract Remedies
  • Promisee’s Interests Protected by Contract
  • Legal Remedies: Damages
  • Equitable Remedies
  • Limitations on Contract Remedies
  • Cases
  • Summary and Exercises

• Chapter 17: Products Liability

  • Chapter Introduction
  • Introduction: Why Products-Liability Law Is Important
  • Warranties
  • Negligence
  • Strict Liability in Tort
  • Tort Reform
  • Cases
  • Summary and Exercises

• Chapter 18: Intellectual Property

  • Chapter Introduction
  • Patents
  • Trade Secrets
  • Copyright
  • Trademarks
  • Cases
  • Summary and Exercises

• Chapter 19: Insurance

  • Chapter Introduction
  • Definitions and Types of Insurance
  • Property Insurance, Liability Insurance, and Life Insurance
  • Insurer’s Defenses
  • Case
  • Summary and Exercises

• Chapter 20: Relationships between Principal and Agent

  • Chapter Introduction
  • Introduction to Agency and the Types of Agents
  • Duties between Agent and Principal
  • Cases
  • Summary and Exercises

• Chapter 21: Liability of Principal and Agent; Termination of Agency

  • Chapter Introduction
  • Principal’s Contract Liability
  • Principal’s Tort and Criminal Liability
  • Agent’s Personal Liability for Torts and Contracts; Termination of Agency
  • Cases
  • Summary and Exercises

• Chapter 22: Partnerships: General Characteristics and Formation

  • Chapter Introduction
  • Introduction to Partnerships and Entity Theory
  • Partnership Formation
  • Cases
  • Summary and Exercises

• Chapter 23: Partnership Operation and Termination

  • Chapter Introduction
  • Operation: Relations among Partners
  • Operation: The Partnership and Third Parties
  • Dissolution and Winding Up
  • Cases
  • Summary and Exercises

• Chapter 24: Hybrid Business Forms

  • Chapter Introduction
  • Limited Partnerships
  • Limited Liability Companies
  • Other Forms
  • Cases
  • Summary and Exercises

• Chapter 25: Corporation: General Characteristics and Formation

  • Chapter Introduction
  • Historical Background
  • Partnerships versus Corporations
  • The Corporate Veil: The Corporation as a Legal Entity
  • Classifications of Corporations
  • Corporate Organization
  • Effect of Organization
  • Cases
  • Summary and Exercises

• Chapter 26: Legal Aspects of Corporate Finance

  • Chapter Introduction
  • General Sources of Corporate Funds
  • Bonds
  • Types of Stock
  • Initial Public Offerings and Consideration for Stock
  • Dividends
  • The Winds of Change
  • Cases
  • Summary and Exercises

• Chapter 27: Corporate Powers and Management

  • Chapter Introduction
  • Powers of a Corporation
  • Rights of Shareholders
  • Duties and Powers of Directors and Officers
  • Liability of Directors and Officers
  • Cases
  • Summary and Exercises

• Chapter 28: Securities Regulation

  • Chapter Introduction
  • The Nature of Securities Regulation
  • Liability under Securities Law
  • Cases
  • Summary and Exercises

• Chapter 29: Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution

  • Chapter Introduction
  • Corporate Expansion
  • Foreign Corporations
  • Dissolution
  • Cases
  • Summary and Exercises

• Chapter 30: Employment Law

  • Chapter Introduction
  • Federal Employment Discrimination Laws
  • Employment at Will
  • Other Employment-Related Laws
  • Cases
  • Summary and Exercises

• Chapter 31: Labor-Management Relations

  • Chapter Introduction
  • A Brief History of Labor Legislation
  • The National Labor Relations Board: Organization and Functions
  • Labor and Management Rights under the Federal Labor Laws
  • Case
  • Summary and Exercises

• Chapter 32: Consumer Credit Transactions

  • Chapter Introduction
  • Entering into a Credit Transaction
  • Consumer Protection Laws and Debt Collection Practices
  • Cases
  • Summary and Exercises

• Chapter 33: Secured Transactions and Suretyship

  • Chapter Introduction
  • Introduction to Secured Transactions
  • Priorities
  • Rights of Creditor on Default and Disposition after Repossession
  • Suretyship
  • Cases
  • Summary and Exercises

• Chapter 34: Mortgages and Nonconsensual Liens

  • Chapter Introduction
  • Uses, History, and Creation of Mortgages
  • Priority, Termination of the Mortgage, and Other Methods of Using Real Estate as Security
  • Nonconsensual Lien
  • Cases
  • Summary and Exercises

• Chapter 35: Bankruptcy

  • Chapter Introduction
  • Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act
  • Case Administration; Creditors’ Claims; Debtors’ Exemptions and Dischargeable Debts; Debtor’s Estate
  • Chapter 7 Liquidation
  • Chapter 11 and Chapter 13 Bankruptcies
  • Alternatives to Bankruptcy
  • Cases
  • Summary and Exercises

• Chapter 36: Introduction to Property: Personal Property and Fixtures

  • Chapter Introduction
  • The General Nature of Property Rights
  • Personal Property
  • Fixtures
  • Case
  • Summary and Exercises