The Legal and Ethical Environment of Business (Business Law) (Aspen College)

1079 Pages·2018·69.462 MB·English

by  Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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eISBN 978-1-4548-9768-2
Library of Congress Cataloging-in-Publication Data
Names: Ferrera, Gerald R. author. | Alexander, Mystica M., 1965- author. |
Kirschner, Cheryl, 1960- author. | Wiggins, William P., author. | Darrow, Jonathan
J., author.
Title: The legal and ethical environment of business : an integrated approach /
Gerald R. Ferrera, Mystica M. Alexander, Cheryl Kirschner, William P. Wiggins,
Jonathan J. Darrow.
Description: Second edition. | New York : Wolters Kluwer, [2018] | Includes
bibliographical references and index.
Identifiers: LCCN 2018001578 | eISBN 9781454897682
Subjects: LCSH: Industrial laws and legislation—United States. | Trade regulation
—United States. | Commercial law—United States. | Business ethics—United
States. | Trade regulation—Moral and ethical aspects.
Classification: LCC KF1600 .F47 2018 | DDC 346.73/065—dc23 LC record
available at https://lccn.loc.gov/2018001578
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To my dear wife, Judith, and to our beloved granddaughter, Sophia Asha, and her
beloved dog, Logan.
—G.R.F.
To my grandparents, who were my first teachers; to my mom, who is a constant
source of support; and to my son, Michael, who has brought such happiness into
my life.
—M.M.A.
With much love, to my wonderful sons, Michael, Philip, and Adam; to my dear,
supportive husband, Roger; to my dependable mother; and to the memory of my
beloved father. Like so many things in life, this would not have been possible
without all of you.
—C.K.
To my lovely wife, Joanne, and our four wonderful children, Erik, Jonathan,
Hannah, and Mark, for their endless love, encouragement, and support.
—W.P.W.
To my parents, Marion and Roselyn, and my brother, Stephen, for all their love and
support.
—J.J.D.
Contents
Preface
A Note to Students
Acknowledgments
Art Credits
About the Authors
Part I: Legal and Ethical Overview
Chapter 1 The United States Legal System
Chapter 2 Ethics in the Business Environment
Chapter 3 Constitutional Issues in Business
Chapter 4 Administrative Law
Chapter 5 Legal Aspects of the Global Business Environment
Chapter 6 Corporate Social Responsibility
Part II: The Business
Chapter 7 Business Organizations
Chapter 8 Intellectual Property
Chapter 9 Sale of Securities and Investor Protection
Chapter 10 Business Crimes
Chapter 11 Antitrust
Part III: The Employee
Chapter 12 Agency Law
Chapter 13 Employment Law
Chapter 14 Discrimination in the Workplace
Part IV: The Business Sale
Chapter 15 Contracts: Contract Formation
Chapter 16 Contracts: Contract Performance
Chapter 17 Sales Law, Consumer Protection, and E-Commerce
Chapter 18 The Debtor-Creditor Relationship
Part V: Business Liability
Chapter 19 Business Torts
Chapter 20 Product Liability and Warranties
Chapter 21 Environmental Law and Sustainability
Glossary
Table of Cases
Index
Preface
A Note to Students
Acknowledgments
Art Credits
About the Authors
PART I: LEGAL AND ETHICAL OVERVIEW
Chapter 1: The United States Legal System
What Is the Law?
The U.S. Legal System
Understanding the Federalist System
Sources of Law
The U.S. Constitution
Treaties
Statutory Law
Administrative Law
Case Law
Understanding the Branches of Government and the Balance of Power
The Balance of Power in Action
An Example of the Balance of Power
It All Begins with Congress
Next Stop: The President
The Role of the EPA
It Is All in the Interpretation
The Court Steps In
The Court System
The Federal Court System
District Court
Court of Appeals
The U.S. Supreme Court
The State Court System
Entry-Level Courts
Intermediate Appellate Court
Highest Court
Right of Appeal to the U.S. Supreme Court
Understanding Jurisdiction
Subject Matter Jurisdiction
Jurisdiction over Persons
Jurisdiction over Property
Online Jurisdiction
Venue and Standing to Sue
The Litigation Process
The Pleadings
Motions
Discovery
Trial
Appeal
Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
Practical Application of Arbitration in Business Transactions
Global Perspective: Comparative Law and Legal Systems
Summary
Questions for Review
Further Reading
Chapter 2: Ethics in the Business Environment
Practical Applications of Business Ethics
Business Ethics
An Ethical Insight: Ethics and the “Newspaper Test”
Ethical Corporate Culture
Ethical Corporate Culture and the Good Reputation of the Company
Ethical Corporate Culture and “Doing the Right Thing”