1. Business Law Course

Business Law Course

This resource is for use by undergraduate business students. This material is a free, crowd-sourced text for use in The Legal and Regulatory Environment of Business and other business law courses.It is designed for use along with a business law, legal environment of business, or regulation courses.

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[expand title=”TOPIC 1 – The Legal System”]

Legal System (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “Law”?

What is “Jurisprudence”?

Economic Strength of a Nation?

What is the “Rule of Law”?

What is “property law” or “property rights?

What is “ownership”?

Why recognize property rights?

How the law protects property rights?

What are the “common law” and “civil law” systems?

What is “public law” and “private law”?

What is “civil law” and “criminal law”?

What is “substantive law” and “procedural law”?

Sources of state and federal law?

Role of Judiciary in the legal system?

Business activity and legal entities?

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[expand title=”TOPIC 2 – The US Constitution”]

Constitutional Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is Included in the US Constitution?

What is the “Separation of Powers”?

What is “Checks and Balances”?

What is “Federalism”?

What is the “Supremacy Clause” and “Preemption”?

What is the “Full Faith & Credit Clause”?

What is the “Privileges and Immunities Clause”?

What is the “Commerce Clause”?

What is the “Taxing and Spending Power”?

What is the “Contract Clause”?

What is the “1st Amendment”?

What are the “Establishment Clause” and “Free Exercise Clause”

How does freedom of religion affect business practice?

What is protection of “Freedom of Speech”?

Speech with Limited or No Protection

Overbreadth and Overly Broad Laws

Freedom of the Press

Freedom of Assembly

What is the 5th Amendment

5th Amendment (Federal Due Process Clause)

14th Amendment

14th Amendment  (Incorporation Doctrine)

What is the Equal Protection Clause of the 14th Amendment

Standards for Constitutionality of LawsMinimum Rationality

What are “Judicial Restraint” vs “Judicial Activism”

[/expandsub1]

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[expand title=”TOPIC 3 – The Court System”]

US Courts (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is the authority for federal and state judicial systems?

What is the authority for courts that exist in the Article I, III, and IV Courts?

What are the types and authority of state courts?

What is Subject-Matter Jurisdiction?

What is Federal Court Subject-Matter Jurisdiction?

What is State Court Subject-Matter Jurisdiction?

Can a Federal trial courts hear state matters & vice versa?

Can a Federal appellate court hear federal matters & vice versa?

What is “Personal Jurisdiction”?

How to establish Federal Court Personal Jurisdiction?

How to establish State Court Personal Jurisdiction?

What is a “Long-Arm Statute”?

Venue

Who are the primary players in the state judicial system?

What types of judges are part of the judiciary?

What are the duties of trial judges in the legal system?

What are the duties of Appellate Judges & Justices?

How do cases arrive before appellate courts?

What is the role of “jurors” in the judicial system?

What number of jurors and juror votes are required for guilt or liability?

What do Attorneys do?

Who are the other players in the judicial system?

Theories of Judicial Review: Judicial Restraint vs. Judicial Activism

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[expand title=”TOPIC 4 – Administrative Law”]

Administrative Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What are Administrative Agencies?

What are the functions of agencies?

What is the authority for Administrative Agencies?

How are administrative Agencies Organized?

How are key agency personnel appointed and removed?

How do agencies create regulations?

What is the Judiciary’s authority to review rulemaking?

What is the Judiciary’s authority to review administrative court decisions?

What are the advantages of administrative agencies?

What are the disadvantages of administrative agencies?

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[expand title=”TOPIC 5 – Criminal Law & Procedure”]

Criminal Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is Criminal Law?

What are the elements of a crime?

Classifications of crimes – Misdemeanor vs Felony Criminal Charges?

What is the process for bringing criminal charges?

What is the process for executing an arrest?

What are the exceptions to reading “Miranda Rights”?

What is the process for initiating criminal charges?

What is the “Arraignment” and “Initial Appearance”

What are the 4th Amendment protections against “Search and Seizure”?

What are the 5th Amendment criminal law protections?

What are the 6th Amendment criminal law protections?

What are the 8th Amendment criminal law protections?

Crimes Against the Property of Others

Activity Constituting Fraud

Good Faith as a Defense to Fraud

Common Types of Business Fraud

Conspiracy as a Criminal Charge

Obstruction of Justice as a Criminal Charge

False Statement as a Criminal Charge

Aiding and Abetting or Conspiracy to a Crime

What is White Collar Crime

Crimes or Conduct Endangering Workers

Bribery or Illegal Kickback as a Crime

Racketeer Influenced and Corrupt Organization Act

The False Claims Act

Sarbanes Oxley Act

What is Cyber Crime

Common Defenses to Criminal Conduct

Types of Punishment for Criminal Activity

Theories Behind Criminal Punishment

Federal Sentencing Guidelines

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[expand title=”TOPIC 6 – Civil Litigation”]

Civil Litigation Procedure (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is a “civil lawsuit” of “civil action”?

Who are the parties to a lawsuit?

What is “standing” to sue?

What is “personal jurisdiction”?

What is a “class action”?

What are the “pleadings”?

What is “discovery”?

What is the “scope of discovery”?

What are “motions” and how are they used?

What are “frivolous cases?

What is the process for selecting a jury?

What are the steps involved in a civil trial?

What is the “burden of proof” in a civil trial?

How is a civil trial decided?

What is “joint and several liability”?

What is the process for “appeal”?

How do parties “enforce” a civil judgment?

What is “res judicata“?

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[expand title=”TOPIC 7 -Alternative Dispute Resolution”]

Alternative Dispute Resolution (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is a “Settlement”?

What is “Alternative Dispute Resolution”?

What are the Advantages and Disadvantages of ADR?

What is “Mediation”?

What are the advantages and disadvantages of Mediation?

How Do Parties Initiate Mediation?

What is the process for carrying out a mediation?

What is the process for challenging a mediation agreement?

What is “Arbitration”?

What are the Advantages of Arbitration

Initiating Arbitration – Voluntary and Statutorily Mandated Arbitration?

What is the procedure for carrying out an arbitration?

Rules governing the arbitration – Federal Arbitration Act

What is the Judicial Review of Voluntary Arbitration?

What is the Judicial Review of Mandatory Arbitration?

What is Review under the Federal Arbitration Act?

How are Arbitration Awards enforced?

[/expandsub1]

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[expand title=”TOPIC 8 – The Property System”]

Property Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “property”?

Role of Government in ownership of property?

Role of property rights in economic activity?

Acquiring ownership in property?

Establishing and transferring ownership in real property?

What is a “fee simple” interest in real property?

What is a “life estate” in real property?

What is a “leasehold estate” in real property?

What are common types of co-ownership relationships in real property?

What is an “easement” interest in real property?

What is a license of real or personal property?

What is a “bailment”?

What are the rights and duties in “unilateral-benefit” and “mutual benefit” bailments?

What are the limitations on property ownership rights?

[/expandsub1]

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[expand title=”TOPIC 9 – Tort Law”]

Tort Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What are “torts”?

What are the types of torts?

What are “Intentional Torts”?

What is “Negligence”?

What are common defenses to negligence actions?

What is “Strict Liability”?

What defenses exist to strict product liability actions?

What are compensatory damages?

What are punitive damages?

[/expandsub1]

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[expand title=”TOPIC 10 – Contract Law”]

Contract Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is a “Contract”?

What are the sources of contract law?

What is a “unilateral contract” vs. a “bilateral contract”?

What is an “express contract” vs. an “implied contract”?

What is an “enforceable contract” vs. a “valid contract”?

What is a “void contract” vs. a “voidable contract”?

What are the requirements to form a Contract (Offer, Acceptance, Consideration)?

What is an “Offer”?

When does an offer to contact terminate?

What is acceptance of an Offer?

What is Consideration?

What is “mental capacity” to contract?

What is the requirement of a “lawful purpose”?

What are common types of “voidable contract”?

When is a contract required to be in writing – Statute of Frauds?

What type of writing satisfies the statute of frauds?

Exceptions to the Statute of Fraud

Who are third-party beneficiaries to a contract?

What is “assignment” and “delegation” of a contract?

When is a party’s “duty of performance”?

What is an “executed contract” vs an “executory contract”?

What is “Performance”, “Substantial Performance”, and “Breach” of a contract?

What is performance of a “Divisible Contract”?

When is a party’s duty of performance discharged?

What are conditions to Contract (Precedent & Subsequent)?

What is “tendering performance” of a contract?

What are “Impossibility” and “Impracticability”

What is a”Frustration of Purpose”?

Waiver or Release from Contract

What is a Breach of Contract?

What methods exist for resolving a breach?

What remedies exist for a breach of contract?

What is “efficient breach”?

What rules does a court follow in interpreting a contract?

What is the “Parole Evidence Rule”?

What is a “complete integration” vs a “partial integration”?

Exceptions to the Parol Evidence Rule

Patent and Latent Ambiguity in a Contract

[/expandsub1]

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[expand title=”TOPIC 11 – Agency & Liability”]

Agency Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is an “agency” relationship?

What are the types of agent?

Employee vs. Independent Contractor

What are the types of principal?

What is required to form a principal-agent relationship?

What are the duties of a principal?

What are the duties of an agent?

What is the authority of Agent to Bind Business in Contract?

When are agents liable to principals and third parties?

When is an employer liable for the torts of the agent?

What is a “Frolic and Detour”?

When does the Agency Relationship Terminate?

[/expandsub1]

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[expand title=”TOPIC 12 – Business Entities”]

Business Entities (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What are “Business Entities”?

Why is studying business entities important?

What is a “Closely-held” vs “Publicly-held Business”?

What are the main types of business entity?

What are the primary characteristics of business entities?

What is “creation” of a business entity?

What is “maintenance” of a business entity?

What is “continuity” of a business entity?

What is the “ownership structure” of a business entity?

What is “control” of a business entity?

What is “personal liability” of owners of a business entity?

What is “compensation” of business owners?

What is “taxation” of a business entity?

What are the major characteristics of a “sole proprietorship”?

What are the main characteristics of a “general partnership”?

What are the main characteristics of a “joint venture”?

What are the main characteristics of a “limited partnership”?

What are the main characteristics of a “limited liability partnership”?

What are the main characteristics of a “limited liability company”?

What are the main characteristics of a “corporation”?

What are the requirements to be a “S Corporation”?

[/expandsub1]

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[expand title=”TOPIC 13- Corporate Governance”]

Corporate Governance Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “business governance”?

Who are the members of a corporation?

What is a closely-held corporation?

What is a “private company” vs a “public company”?

What is the role and purpose of the corporation?

What is the “agency theory” of corporate governance?

What is the “stakeholder theory” of corporate governance?

What is the role & rights of “shareholders” in the corporation?

What are the variations on attributes of “ownership structure”?

What are the fiduciary duties owed by shareholders?

When is a shareholder personally liable for corporate obligations?

How can shareholder enforce their rights (direct and derivative actions)?

What is the process for bringing a “derivative action”?

What are corporate vote “proxies”?

What is “shareholder activism” and the significance of “institutional investors”?

What is the role of the “board of directors”?

What is the composition of the board of directors?

What standards govern the actions of the board of directors?

What is the “business judgment rule”?

What is D&O insurance?

What is the role of “managers” of the corporation?

What standards govern manager actions?

What are the primary state and federal corporate governance laws?

What is the role of the state in corporate governance?

What is the role of “securities laws” in corporate governance?

What is the role of the “Foreign Corrupt Practices Act” in corporate governance?

What is the “Sarbanes-Oxley Act” (SOX) effect on corporate governance?

What is the “Dodd-Frank Wall Street Reform and Consumer Protection Act effect on corporate governance?

What industry organization standards affect corporate governance?

How do “proxy advisory firms” affect corporate governance?

What is the role of ethics in corporate governance?

What are the major causes of corporate governance issues?

[/expandsub1]

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[expand title=”TOPIC 14 – Securities Law”]

Securities Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What are “securities laws”?

What is a “security”?

What qualifies as an “investment contract”?

What are the primary federal securities laws?

What are the regulatory goals of security laws?

What is the “Securities and Exchange Commission”?

What is an “initial public offering”?

What is a “direct public offering”?

Securities Act of 1933

What is an “offer to sell” securities?

Who are the parties regulated in an offer to sell securities?

What are the primary disclosure documents required in an offer to sell securities?

What is an issuer allowed to do at each stage of the registration process?

How are issuers classified for purposes of the registration and offering process?

What is an issuer allowed to do during the “Pre-filing Period”?

What are the limitations on the issuer during the “Post-filing, Waiting Period”?

What is an issuer allowed to do during the “Post-Effective Period”?

What is an “Emerging-Growth Company”?

What type of information must an issuer disclose?

What laws govern the mechanics of disclosure in a securities offering?

Exemptions from 1933 Act Registration

What are “exempt securities” and “exempt transactions”?

What are “restricted securities”?

What is a Section 3 Exemption from registration?

What is a “Rule 147 Exemption”?

What is a “Section 4(a) Exemption”?

What is a “Regulation A Exemption”?

What are “Regulation D Exemptions”?

What is a Rule 504 Exemption?

What is a Rule 505 Exemption?

What is a Rule 506(b) Exemption?

What is a Rule 506(c) Exemption?

What is Rule 502(d) and the “Rule 144” Safe Harbor?

What are the disclosure requirements for companies employing an exemption?

What is the requirement to file “Form D”?

What is the effect of failing to register an offering under Section 5?

What is “crowdfunding”?

Liability Under the Securities and Exchange Act of 1933

What is civil liability under “Section 11” of the ’33 Act?

What is civil liability under “Section 12” of the ’33 Act?

What are defenses available to charges under Sections 11 and 12?

What is civil liability under “Section 17” of the ’33 Act?

What is potential criminal liability under the ’33 Act?

The Security Exchange Act of 1934

When must an issuer register pursuant to the ’34 Act?

What disclosures are required of reporting companies under the ’34 Act?

What is liability under “Section 10(b)” and “Rule 10(b)(5)”?

What is “insider trading” under Rule 10(b)(5)?

What damages are available under Section 10 and Rule 10(b)(5)?

What is “insider trading” under Section 14 of the ’34 Act?

What is liability under Section 16 of the ’34 Act?

What is liability under Section 18 of the ’34 Act?

What is liability under the “Securities Enforcement Remedies Act”?

What is criminal liability under the ’34 Act?

What are blue sky law?

When is an issuer required to comply with state securities laws?

What are the registration requirements under state law?

What is “coordinated registration” under state law?

[/expandsub1]

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[expand title=”TOPIC 15 – Employment Laws”]

Employment Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

Who is an “employee” under the employment law?

What characterizes the employer-employee, “At-Will” relationship?

What are the major employment laws?

What are the “taxation” requirements imposed upon employers?

What is the Fair Labor Standards Act (FLSA)?

What is the Family Medical Leave Act (FMLA)?

What is the Worker Adjustment and Retraining Act (WARN Act)?

What is the Occupational Safety and Health Act (OSHA)?

What is the Employee Retirement Income Security Act (ERISA)?

What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

What is the Health Insurance Portability and Accountability Act (HIPAA)

What are “Worker’s Compensation Laws”?

What are “Employment Verification” Laws?

What are “Workplace Privacy Laws”?

What are “labor laws”?

What are the major labor laws?

What is the “Norris – LaGuardia Act”?

What is the “National Labor Relations Act”?

Labor Management Relations Act

Labor Management Reporting and Disclosure Act

[/expandsub1]

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[expand title=”TOPIC 16 – Employment Discrimination”]

Employment Discrimination (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “Employment Discrimination”?

What are the major Employment Discrimination laws?

Overview of Title VII (Civil Rights Act of 1964)

What is employment discrimination under Title VII?

How are Title VII protections enforced?

What is race discrimination under Title VII?

What is national origin discrimination under Title VII?

What is religious discrimination Under Title VII?

What is sex discrimination under Title VII?

What is “sexual harassment” or “hostile work environment” under Title VII?

What is the “Equal Pay Act of 1963”?

What is pregnancy discrimination under Title VII?

What is pregnancy discrimination under the Civil Rights Act of 1866 (1981 Actions)?

What is discrimination under the Age Discrimination in Employment Act?

What is discrimination under the Americans with Disabilities Act?

What is discrimination under “The Rehabilitation Act”?

What is discrimination under the “Genetic Information Non-Discrimination Act”?

What laws protect against discrimination in health coverage?

What anti-discrimination protections exist for military service members?

What protections exist for sexual orientation and identification?

What is “affirmative action”?

What is employment discrimination protection under state law?

[/expandsub1]

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[expand title=”TOPIC 17 – Consumer Protection”]

Consumer Protection Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “consumer protection law”?

What major federal laws protect consumers?

Regulatory Agencies – Overview

What is the “Federal Trade Commission”?

What are the enforcement procedures of the FTC?

What penalties exist for violating FTC regulations?

What commercial practices does the FTC prohibit?

What is the “Consumer Financial Protection Act”?

What is the “Equal Credit Opportunity Act”?

What is the “Fair Credit Reporting Act”?

What is the “Truth in Lending Act”?

What is the “Fair Debt Collection Practices Act”?

What is the “Fair Credit Billing Act”?

What is the “Electronic Funds Transfer Act”?

What is the “Consumer Product Safety Act”?

What “labeling laws” apply to consumer products?

What is the “Federal Food, Drug, and Cosmetic Act”?

What is the “Magnuson-Moss Warranty Act”?

What is the “Privacy Act of 1974” (Privacy Act)?

What is the “Right to Financial Privacy Act of 1978” (RFPA)?

What is the “Electronic Communication Privacy Act of 1986” (ECPA)?

What is the “Children’s Online Privacy Protection Act of 1986” (COPPA)?

What role do states play in Consumer Protection?

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[expand title=”TOPIC 18 – Antitrust Law”]

Antitrust Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “antitrust law”?

What are the Major Antitrust Laws?

What government agency enforces antitrust law?

What is the “Sherman Act of 1890” (Sherman Act)?

What is the “Clayton Act of 1914” (Clayton Act)?

What is the “Federal Trade Commission Act of 1914”?

What is a “Contract, Combination, of Conspiracy” in restraint of trade?

What is “per se illegality” and the “rule of reason”?

What is a “Monopoly”?

What businesses are exempt from the Sherman Act?

What is “horizontal restraint” of trade under the Sherman Act?

What are the common types of “vertical restraint” restraining trade under the Sherman Act?

What is “Monopolization” under the Sherman Act?

What is “price discrimination” under the Clayton Act?

What are “special arrangements” prohibited under the Clayton Act?

When are “tying contracts” an illegal restraint under the Clayton Act?

When are “reciprocal dealing contracts” an illegal restraint under the Clayton Act?

How does the Clayton Act regulate “mergers and acquisition”?

What is the “Federal Trade Commission Act”?

What “sanctions” are available under antitrust law?

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[expand title=”TOPIC 19 – Secured Transactions”]

Secured Transactions Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is a security interest?

What are the benefits of security interests for creditors?

What are the common types of security interest in real property (land)?

What is a mortgage?

How does a security interest protect the mortgage holder?

What is a “deed of trust” or “security deed”?

What is a “land sale contract”?

What is a security interest in personal property?

How does one establish a security interest in personal property?

What is “perfection” of a security interest?

What are the methods of perfecting a security interest in personal property?

How does one establish a security interest in real property (land)?

What is “automatic perfection” of a security interest?

What is a “purchase money security interest” (PMSI) in consumer goods?

What is a “purchase money grace period” for a PMSI in non-consumer goods?

How does one continue perfection of a PMSI in non-consumer goods?

What is “temporary automatic perfection” in “proceeds” from the sale of goods?

How is a security interest created in “assignment of accounts receivable” and “contract rights”?

How does one perfect a security interest by “possession” of the collateral?

How does on perfect a security interest by “control” of collateral?

How does one perfect a security interest by “filing a financing statement”?

What authorization is required to file a financing statement?

Where is the appropriate office to file a financing statement?

What is “priority” of a security interest?

What role does perfection play in establishing the “priority” of a secured party?

What are the common conflicts arising as to priority of a security interest?

What is the priority of parties secured by “common law and statutory liens”?

What is the priority of a buyer of collateral that is subject to a security interest?

What is required to be a buyer in the ordinary course of business?

How does 9-320(b) protects consumers purchasing goods from other consumers?

What is the “Shelter Principle”?

What are the general “priority rules” for security interests?

Who has “priority in proceeds” from the sale of collateral?

What is a secured party’s priority in future advances to a debtor?

What is the priority of a PMSI in goods (other than inventory and livestock)?

What is the priority of a PMSI in inventory?

What is the priority of conflicting PMSIs?

What is the priority of security interests in fixtures?

What is the scope of fixture priority rules?

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[expand title=”TOPIC 20 – Commercial Paper”]

Commercial Paper (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “Commercial Paper”?

What are the common types of commercial paper?

Who is a “holder” of a negotiable instrument?

What is “negotiability” and why is it important?

What is required for commercial paper to be “negotiable”?

When does commercial paper contain an “unconditional promise to pay?

What is “payable on demand” or “payable on time”?

What is “order paper” and “bearer paper”?

How is a payee identified on the negotiable instrument?

What rules does the court apply in determining negotiability?

How is commercial paper negotiated to a holder?

What is “transfer” of a negotiable instrument?

What is “indorsement” of a negotiable instrument?

What are the various types of indorsement?

How does a holder receive payment on a negotiable instrument?

Who is potentially liable on (or obligated to pay) a negotiable instrument?

When is an individual liable for a representative signing a negotiable instrument?

What rules apply if a holder loses a negotiable instrument?

When is payment of a negotiable instrument overdue?

What effect does a negotiable instrument have on the underlying obligation?

What is a “holder in due course”?

What are the requirement for a holder to become a holder in due course?

How does discharge of the “underlying obligation” affect a holder in due course?

What is the “Shelter Rule”?

Can you limit a transferee from becoming a holder in due course?

What are defense of a payor against payment of a negotiable instrument?

What is a “claim in recoupment”?

What are the rights of a holder in due course if the instrument involves a consumer transaction?

What happens if a negotiable instrument is “forged”?

What happens if a negotiable instrument is “stolen”?

What is the role of a “guarantor” or “surety” of a negotiable instrument?

What is an “accord & satisfaction”?

What is primary and secondary liability on an instrument?

What is “drawer or maker liability” for a negotiable instrument?

What is “transferor warranty” of a negotiable instrument?

What is “indorser warranty” of a negotiable instrument?

What is “presentment warranty” of a negotiable instrument?

What is a warrantor’s liability for a dishonored note or draft?

What is the time limitation for warranty of a negotiable instrument?

When are the warranties of a negotiable instrument discharged?

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[expand title=”TOPIC 21 – Bankruptcy Law”]

Bankruptcy Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “Bankruptcy”?

What are the types of business bankruptcy?

Who are the participants in the bankruptcy process?

Key concepts behind the bankruptcy process?

What rules govern the bankruptcy process?

What the authority of the bankruptcy court?

What is the authority of the trustee (debtor in possession) in bankruptcy?

What assets of the debtor are included in the “bankruptcy estate”?

What is the “automatic stay” in bankruptcy?

What is a claim by creditors of the bankruptcy estate?

What is voluntary and involuntary bankruptcy?

What is the “Chapter 7” bankruptcy process?

What is the “Chapter 11” bankruptcy process?

What is the authority of the debtor in possession?

What is appointment of a “trustee” or “examiner” in business bankruptcies?

What is a “plan of reorganization”?

What is “cramdown” of a reorganization plan?

To what extent does the bankruptcy process relieve a debtor’s debts?

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[expand title=”TOPIC 22 – Environmental Law”]

Environmental Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What are “environmental laws”?

What is the structure of environmental protection law?

What is the “Environmental Protection Agency”?

How are the environmental laws enforced?

What is the “National Environmental Policy Act of 1970”?

What is the “Clean Air Act”?

What is the “Clean Water Act”?

What is the “Endangered Species Act of 1973”?

What federal laws control pesticides?

What laws govern solid waste disposal?

What is the “Toxic Substance Control Act of 1976”?

What is the “Comprehensive Environmental Response, Compensation, and Liability Act?”

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[expand title=”TOPIC 23 – Intellectual Property”]

Intellectual Property Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “Intellectual Property”?

What is the purpose in granting intellectual property rights?

What is required to capture or secure intellectual property rights?

What are “Trade Secrets?

What are patents or patent rights?

What are the primary types of patents?

What are the requirements for a valid patent?

What are the requirements for a design patent?

What are the requirements for a “utility patent”?

What is the process for securing patent rights?

What is a “Provisional Patent”?

What is the process for enforcing one’s patent rights?

What is a “Trademark”?

What are types of trademark”?

What is required to capture trademark rights?

What is the “Distinctiveness” requirement for a Trademark?

What is the process for determining whether a trademark is sufficient distinctive?

What is “Federal Trademark Registration”?

What protections exist for trademark rights under state law?

What are the primary reasons for rejecting a trademark application”?

What are the common trademark designations?

What is the process for filing for federal trademark registration?

What is trademark infringement?

How does one enforce trademark rights?

How does a trademark holder demonstrate infringement of a trademark? 

What is a copyright? 

What are the rights of a holder of a copyright?

What are the requirements for establishing copyrights?

What are the elements of a copyright?

How long is the period of copyright protection?

What is the process for registering a copyright?

Who may claim and secure copyright protection?

What is infringement and the process for enforcing a copyright?

What are the defenses available against a claim of copyright infringement?

What is “Fair Use” of a copyright?

What is the “First Sale Doctrine?

What international protections exist for intellectual property rights?

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[expand title=”TOPIC 24 – Insurance Law”]

Insurance Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “insurance”?

What is an “insurance contract”?

What is an “insurable interest”?

What are the common categorizations of insurance?

What are the common types of insurance coverage?

What are the primary obligations of the insurer?

What are the primary obligations of the insured?

What is the general structure of an insurance contract?

What are the common disputed provisions in an insurance contract?

What is required for termination of an insurance contract?

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[expand title=”TOPIC 25 – International Law”]

International Law (Intro)

[expandsub1 title=”Lecture Topics & Material”]

What is “international law”?

What are the types of international law?

What are the major international government organizations?

What international courts exist and what are their functions?

What are the methods of carrying on international business?

What are the legal risks associated with carrying on international business?

What major international agreements affect international trade?

When is carrying on business in a foreign country prohibited by US law?

What is the significance of boycotts between foreign countries?

What US laws apply to limiting business transactions in foreign countries?

What regulations apply to exports from the United States?

What are the legal limitations on importing goods into the United States?

How are private international business agreements generally enforced?

How do parties determine the rules, location, and method of resolving disputes?

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 ADDITIONAL MATERIAL

[expand title=”Law & Ethics”] Type Info

Ethics & Morality

Ethics & Society

Ethics & Government

Ethics & Law

Ethical theories: Formalism & Consequentialism

Legal Regulation in Ethics

Professional & Organizational Codes of Ethics

Ethics & Individual Values

Achieving Ethics in Business

Rewards of Business Ethics

Property & Morality

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