Dynamic Business Law [5 ed.] 9781260247893, 1260247899, 2018044378

Table of contents :
Cover
Dynamic Business Law
About the Authors
A Guided Tour
What’s New in the Fifth Edition?
For Students
Acknowledgments
Brief Contents
Contents
List of Cases
Part One: THE LEGAL ENVIRONMENT OF BUSINESS
CHAPTER 1: An Introduction to Dynamic Business Law
Law and Its Purposes
Classification of the Law
Sources of Business Law
Constitutions
Statutes
Cases
Administrative Law
Treaties
Executive Orders
Schools of Jurisprudence
Global and Comparative Law
Key Terms
Appendix 1A Critical Thinking and Business Law
Key Term
CHAPTER 2: Business Ethics
Case Opener
Acne Medication and Gastrointestinal Injury
Business Ethics and Social Responsibility
Business Law and Business Ethics
The WH Framework for Business Ethics
Who Are the Relevant Stakeholders?
How Do We Make Ethical Decisions?
Case 2-1: United States of America et al. ex rel. Andrew Hagerty v. Cyberonics, Inc.
Case Opener Wrap-Up: Acne Medication and Gastrointestinal Injury
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Appendix 2A Theories of Business Ethics
Key Term
CHAPTER 3: The US Legal System
Case Opener
Questionable Jurisdiction over Caterpillar
Jurisdiction
Original Versus Appellate Jurisdiction
Jurisdiction Over Persons and Property
Subject-Matter Jurisdiction
Case 3-1: Hertz Corp. v. Friend
Venue
Forum Selection and Choice of Law
Case 3-2: Atlantic Marine Construction Company, Inc. v. United States District Court for the Western District of Texas et al.
The Structure of the Court System
The Federal Court System
State Court Systems
Threshold Requirements
Standing
Case or Controversy
Ripeness
Steps in Civil Litigation
The Pretrial Stage
The Trial
Case 3-3: Timothy Tyrone Foster, Petitioner v. Bruce Chatman, Warden
Appellate Procedure
Collecting the Judgment
Case Opener Wrap-Up: Questionable Jurisdiction over Caterpillar
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 4: Alternative Dispute Resolution
Case Opener
Mandatory Arbitration at Hooters
Primary Forms of Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
Case 4-1: AT&T Mobility LLC v. Concepcion
Case 4-2: Maribel Baltazar v. Forever 21, Inc.
Case 4-3: Equal Employment Opportunity Commission v. Waffle House, Inc.
Other ADR Methods
Med-Arb
Summary Jury Trial
Minitrial
Early Neutral Evaluation
Private Trials
Court-Annexed ADR
Use of ADR in International Disputes
Case Opener Wrap-Up: Mandatory Arbitration at Hooters
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 5: Constitutional Principles
Case Opener
The Constitutionality of the Affordable Care Act
The US Constitution
Judicial Review
The Supremacy Clause and Federal Preemption
The Commerce Clause
The Commerce Clause as a Source of Authority For the Federal Government
Case 5-1: Christy Brzonkala v. Antonio J. Morrison et al.
The Commerce Clause as a Restriction On State Authority
Case 5-2: Direct Marketing Association v. Barbara Brohl
Taxing and Spending Powers of the Federal Government
Other Constitutional Restrictions on Government
The Privileges and Immunities Clause
The Full Faith and Credit Clause
The Contract Clause
The Amendments to the Constitution
The First Amendment
The Fourth Amendment
Case 5-3: David Leon Riley v. California and United States v. Wurie
The Fifth Amendment
The Ninth Amendment
The Fourteenth Amendment
Case Opener Wrap-Up: The Constitutionality of the Affordable Care Act
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 6: International and Comparative Law
Case Opener
Resolving a Breach of Contract under the CISG
Doing Business Internationally
Ethical Considerations
The General Agreement on Tariffs and Trade and the World Trade Organization
Regional Trade Agreements
Comparative Law
Legal Systems and Procedures
Civil Law Systems
Common Law Systems
Other Legal Systems
Substantive Law: An Example Utilizing Comparative Contract Law
Introduction
Case 6-1: It’s Intoxicating, Inc. v. Maritim Hotelgesellschaft Mbh
Dispute Settlement in an International Context
Litigation
Case 6-2: Fallhowe v. Hilton Worldwide, Inc.
Arbitration
Case Opener Wrap-Up: Resolving a Breach of Contract under the CISG
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 7: Crime and the Business Community
Case Opener
A Questionable Stock Investment
Elements of a Crime
Classification of Crimes
Common Crimes Affecting Business
Property Crimes Against Business
White-Collar Crime
Case 7-1: Salman v. United States
Liability for Crimes
Corporate Criminal Liability
Liability of Corporate Executives
Classic Case 7-2: United States v. Park Defenses to Crimes
Infancy
Mistake of Fact
Intoxication
Insanity
Duress
Entrapment
Necessity
Justifiable Use of Force
Constitutional Safeguards
Fourth Amendment Protections
Fifth Amendment Protections
Sixth Amendment Protections
Eighth Amendment Protections
Fourteenth Amendment Protections
The Exclusionary Rule
Criminal Procedure
Pretrial Procedure
Classic Case 7-3: Miranda v. Arizona
Trial Procedure
Posttrial Procedure
Tools for Fighting Business Crime
The Racketeer Influenced and Corrupt Organizations Act
The False Claims Act
The Sarbanes-Oxley Act
Case Opener Wrap-Up: A Questionable Stock Investment
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 8: Tort Law
Case Opener
Plastic Surgeon Defamation
Introduction to Tort Law
Classification of Torts
Intentional Torts
Intentional Torts Against Persons
Case 8-1: Joseph E. Hancock, Petitioner, v. Easwaran P. Variyam, Respondent
Case 8-2: Aaron Olson, Appellant, v. Centurylink, Respondent
Intentional Torts Against Property
Intentional Torts Against Economic Interests
Damages Available in Tort Cases
Compensatory Damages
Nominal Damages
Punitive Damages
Case 8-3: Mazda Motor Corporation v. Hurst
Key Terms
Case Opener Wrap-Up: Plastic Surgeon Defamation
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 9: Negligence and Strict Liability
Case Opener
The Case of the Collapsing Dock
Introduction to Negligence and Strict Liability
Elements of Negligence
Duty
Breach of Duty
Causation
Classic Case 9-1: Palsgraf v. Long Island Railroad Company
Damages
Plaintiff’s Doctrines
Res Ipsa Loquitur
Case 9-2: Swoboda v. Fontanetta
Negligence Per Se
Special Plaintiff’s Doctrines and Statutes
Defenses to Negligence
Contributory Negligence
Comparative Negligence
Assumption of the Risk
Case 9-3: Swigart v. Bruno
Special Defenses to Negligence
Strict Liability
Case Opener Wrap-Up: The Case of the Collapsing Dock
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 10: Product Liability
Case Opener
Is Human Sperm Subject to Product Liability Laws?
Theories of Liability for Defective Products
Case 10-1: Montemayor v. Sebright Products, Inc
Negligence
Strict Product Liability
Case 10-2: Welge v. Planters Lifesavers Co.
Case 10-3: Sperry–New Holland, A Division of Sperry Corporation v. John Paul Prestage and Pam Prestage
Warranty
Market Share Liability
Case Opener Wrap-Up: Is Human Sperm Subject to Product Liability Laws?
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 11: Liability of Accountants and Other Professionals
Case Opener
Questionable Accounting at WorldCom
Common Law Accountant Liability to Clients
Accountant Liability for Negligence
Accountant Liability for Breach of Contract
Accountant Liability for Fraud
Common Law Accountant Liability to Third Parties
Liability Based on Privity or Near-Privity (The Ultramares Rule)
Liability to Foreseen Users and Foreseen Class of Users (The Restatement Rule)
Liability to Reasonably Foreseeable Users
Case 11-1: Bily v. Arthur Young & Co.
Accountants’ and Clients’ Rights
Working Papers
Accountant-Client Privilege
Extending the Attorney-Client Privilege to Accountants
Case 11-2: Michael Williamson, et al., Plaintiffs, v. Recovery Limited Partnership, et al., Defendants
Federal Securities Law and Accountant Liability
The Securities Act of 1933
The Securities Exchange Act of 1934
Case 11-3: Matrixx Initiatives, Inc., et al. v. Siracusano et al.
The Private Securities Litigation Reform Act of 1995
The Sarbanes-Oxley Act of 2002
Liability of Other Professionals
Protection from Claims of Professional Malpractice
Case Opener Wrap-Up: Questionable Accounting at Worldcom
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 12: Intellectual Property
Case Opener
Smartphone Wars: Focus on Intellectual Property Rights
Types of Intellectual Property
Trademarks
Case 12-1: In Re Simon Shiao Tam
Case 12-2: Itoys “R” Us, Inc. v. Canarsie Kiddie Shop, Inc.
Trade Dress
Federal Trademark Dilution Act of 1995
Copyrights
Case 12-3: Star Athletica, L.L.C., Petitioner v. Varsity Brands, Inc., et al.
Fair-Use Doctrine
No Electronic Theft Act
Digital Millennium Copyright Act
Patents
Anatomy of Patent Litigation
The America Invents Act
Trade Secrets
International Protection of Intellectual Property
The Berne Convention of 1886
The Universal Copyright Convention of 1952, As Revised in 1971
The Paris Convention of 1883
The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
Case Opener Wrap-Up: Smartphone Wars: Focus on Intellectual Property Rights
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Two: CONTRACTS
CHAPTER 13: Introduction to Contracts
Case Opener
A Questionable Contract
The Definition of a Contract
Elements of a Contract
Defenses to the Enforcement of a Contract
The Objective Theory of Contracts
Sources of Contract Law
Common Law
Uniform Commercial Code
Classification of Contracts
Bilateral Versus Unilateral Contracts
Case 13-1: In Re Zappos.com Inc., Customer Data Security Breach Litigation
Express Versus Implied Contracts
Case 13-2: Trapani Const. Co. v. Elliot Group, Inc.
Case 13-3: Reisenfeld & Co. v. The Network Group, Inc.; Builders Square, Inc.; Kmart Corp.
Valid, Void, Voidable, and Unenforceable Contracts
Executed Versus Executory Contracts
Formal Versus Informal Contracts
Interpretation of Contracts
Case Opener Wrap-Up: A Questionable Contract
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 14: Agreement
Case Opener
The Problematic Promotion
Elements of the Offer
Intent
Case 14-1: Lucy v. Zehmer
Definite and Certain Terms
Case 14-2: Lawrence W. Shipley III v. Andrea Vasquez
Communication to the Offeree
Termination of the Offer
Revocation by the Offeror
Rejection or Counteroffer by the Offeree
Death or Incapacity of the Offeror
Destruction or Subsequent Illegality of the Subject Matter
Lapse of time or Failure of Another Condition Specified in the Offer
The Acceptance
Manifestation of Intent to be Bound to the Contract
Acceptance of Definite and Certain Terms: The Mirror-Image Rule
Communication to the Offeror
Case 14-3: Paul Ehlen v. John M. and Lynndee Melvin
Key Terms
Summary of Key Topics
Case Opener Wrap-Up: The Problematic Promotion
Point / Counterpoint
Questions & Problems
CHAPTER 15: Consideration
Case Opener
Upper Deck—Contract Liability or Gift?
What is Consideration?
Rules of Consideration
Lack of Consideration
Adequacy of Consideration
Classic Case 15-1 : Hamer v. Sidway
Case 15-2 : Thelma Agnes Smith v. David Phillip Riley
Illusory Promise
Past Consideration
Case 15-3 : Jamil Blackmon v. Allen Iverson
Preexisting Duty
Case 15-4 : Margeson v. Artis
Partial Payment of a Debt
Case Opener Wrap-Up: Upper Deck—Contract Liability or Gift?
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 16: Capacity and Legality
Case Opener
Apple’s Questionable Contracts
Capacity
Minors
Case 16-1 : Adrian Lopez, v. Kmart Corporation
Mentally Incapacitated Persons
Intoxicated Persons
Legality
Contracts that Violate State or Federal Statutes
Case 16-2 : King v. Riedl
Agreements In Contradiction to Public Policy
Case 16-3 : Riley v. Iron Gate Self Storage
Effect of Illegal Agreements
Case Opener Wrap-Up: Apple’s Questionable Contract
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 17: Legal Assent
Case Opener
A Disagreement over an Agreement
The Importance of Legal Assent
Mistake
Unilateral Mistake
Mutual Mistake
Case 17-1 : Simkin v. Blank
Misrepresentation
Innocent Misrepresentation
Negligent Misrepresentation
Fraudulent Misrepresentation
Case 17-2 : Fantastic Sams Salons Corp. v. Pstevo, LLC and Jeremy Baker
Undue Influence
Duress
Case 17-3 : Garage Solutions, LLC, v. Monty J. Person
Case Opener Wrap-Up: A Disagreement over an Agreement
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 18: Contracts in Writing
Case Opener
Admissibility of an Oral Contract in Court
Statute of Frauds
Contracts Falling within the Statute of Frauds
Contracts Whose Terms Prevent Possible Performance Within One Year
Promises Made In Consideration of Marriage
Contracts for One Party to Pay The Debt of Another if the Initial Party Fails to Pay
Case 18-1 : Power Entertainment, Inc., et al. v. National Football League Properties, Inc.
Contracts Related to an Interest In Land
Contracts for the Sale of Goods Totaling More than $500
Further Requirements Specific to Certain States
Sufficiency of the Writing
Case 18-2 : Heritage Constructors, Inc. v. Chrietzberg Electric, Inc., and Richard Marc Chrietzberg
Exceptions to the Statute of Frauds
Admission
Partial Performance
Promissory Estoppel
Exceptions Under the UCC
Parol Evidence Rule
Exceptions to the Parol Evidence Rule
Contracts that have been Subsequently Modified
Contracts Conditioned on Orally Agreed-On Terms
Nonfinalized, Partially written and Partially Oral Contracts
Contracts Containing Ambiguous Terms
Incomplete Contracts
Case 18-3: Barker v. Price
Contracts With Obvious Typographical Errors
Void or Voidable Contracts
Evidence of Prior Dealings or Usage of Trade (UCC)
Integrated Contracts
Case Opener Wrap-Up: Admissibility of an Oral Contract in Court
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 19: Third-Party Rights to Contracts
Case Opener
Fallout from an Unforgettable Fight
Assignments and Delegations
Assignment
Case 19-1 : General Mills, Inc. v. Kraft Foods Global, Inc.
Delegation
Assignment of the Contract
Third-Party Beneficiary Contracts
Intended Beneficiaries
Case 19-2 : Tucker v. Tom Raper, Inc.,
Case 19-3 : Allan v. Nersesova
Case 19-4 : Juan Mendez, Jr., As Guardian of Juan Mendez, Sr. v. Hampton Court Nursing Center, LLC
Incidental Beneficiaries
Case Opener Wrap-Up: Fallout from a Unforgettable Fight
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 20: Discharge and Remedies
Case Opener
Impossible Wine Bottles
Methods of Discharging a Contract
Conditions
Case 20-1 : Mind & Motion Utah Investments, Llc, Appellee v. Celtic Bank Corporation
Discharge by Performance
Discharge by Material Breach
Case 20-2 : Hamilton v. State Farm Fire & Casualty Insurance Company
Discharge by Mutual Agreement
Discharge by Operation of Law
Case 20-3 : Hemlock Semiconductor Operations, LLC v. Solarworld Industries Sachsen Gmbh
Remedies
Legal Remedies (Monetary Damages)
Equitable Remedies
Case Opener Wrap-Up: Impossible Wine Bottles
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Three: DOMESTIC AND INTERNATIONAL SALES LAW
CHAPTER 21: Introduction to Sales and Lease Contracts
Case Opener
Let the Good Times “Roll”
The Uniform Commercial Code
The Scope of the Ucc
The Significance of the Ucc
Articles 2 and 2(A) of the UCC
Article 2 of the Ucc
Case 21-1 : Isenbergh v. S. Chi. Nissan
Article 2(A) of the Ucc
Case 21-2: Vanguard Energy Servs. v. Shihadeh
How Sales and Lease Contracts Are Formed under the UCC
Formation in General
Offer and acceptance
Consideration
Battle of the Forms
Requirements Under the Statute of Frauds
The Parol Evidence Rule
Unconscionability
Contracts for the International Sale of Goods
The Scope of the CISG
The Significance of the CISG
Case 21-3: The Travelers Property Casualty Company of America and Hellmuth Obata & Kassabaum, Inc., Plaintiffs v. Saint-Gobain Technical Fabrics Canada Limited, Formerly Known as Bay Mills, Defendant
Case Opener Wrap-Up: Let the Good Times “Roll”
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 22: Title, Risk of Loss, and Insurable Interest
Case Opener
Who Owns the Turkeys?
The Concept of Title
Case 22-1: Alcoa Materials Mgmt. v. Niagara Worldwide LLC, 2016-Ohio-8158
Three Kinds of Title
Acquiring Good Title
Voidable Title
Third-Party Purchasers and Good Title
Entrustment
Case 22-2: Deweldon, Ltd. v. Mckean
Recourse Under the UCC
Types of Sales Contracts
Simple Delivery Contract
Common-Carrier Delivery Contract
Case 22-3: Pileri Industries, Inc. v. Consolidated Industries, Inc.
Goods-In-Bailment Contract
Conditional Sales Contract
Risk of Loss during a Breach of Contract
When the Seller is in Breach
When the Buyer is in Breach
Case Opener Wrap-Up
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 23: Performance and Obligations under Sales and Leases
Case Opener
What a Difference a Day Makes!
The Basic Performance Obligation
Good Faith
Promissory Estoppel
Case 23-1: XCBob, Inc. v. Ed Tucker Distrib., 2016 Pa. Dist. & Cnty. Dec. LEXIS 14205
Specific Obligations of Sellers and Lessors
The Perfect Tender Rule
Exceptions To The Perfect Tender Rule
Case 23-2: Levista, Inc. v. Ranbaxy Pharmaceuticals, Inc.,
Case 23-3: Dejesus v. Cat Auto Tech. Corp.
Specific Obligations of Buyers and Lessees
The Basic Obligation: Inspection, Payment, And Acceptance
Exceptions to the Basic Obligation
Case 23-4: Hubbard v. Utz Quality Foods, Inc.
Case Opener Wrap-Up: What a Difference a Day Makes!
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 24: Remedies for Breach of Sales and Lease Contracts
Case Opener
Let’s “See” the Damages in Defective Eye Ointment
The Goal of Contract Remedies
Case 24-1: Badilla v. Wal-Mart Stores East Inc.
Remedies Available to Sellers and Lessors under the UCC
Cancel the Contract
Withhold Delivery
Resell or Dispose of the Goods
Sue to Get the Benefit of the Bargain
Liquidated Damages
Stop Delivery
Reclaim the Goods
Remedies Available to Buyers and Lessees under the UCC
Cancel the Contract
Obtain Cover
Sue to Recover Damages
Economic Loss Rule
Case 24-2: Des Moines Flying Servs. v. Aerial Servs.
Recover the Goods
Obtain Specific Performance
Case 24-3: Almetals, Inc., Plaintiff v. Wickeder Westfalenstahl, Gmbh, Defendant
Reject Nonconforming Goods
Revoke Acceptance of Nonconforming Goods
Accept The Nonconforming Goods and Seek Damages
Modifications or Limitations to Remedies Otherwise Provided by the UCC
Case 24-4: Figgie International, Inc. v. Destileria Serralles, Inc.
Case Opener Wrap-Up: Let’s “See” the Damages in Defective Eye Ointment
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 25: Warranties
Case Opener
How Much Is That Doggie?
Introduction
Types of Warranties
Express Warranties
Case 25-1: Cannon v. Bodensteiner Implement Co., 2017 Iowa App. LEXIS 279
Implied Warranties of Title
Implied Warranties of Quality
Classic Case 25-2: Priscilla D. Webster v. Blue Ship Tea Room, Inc.
Warranty Rights of Third Parties
Case 25-3: Melissa Kahn v. Volkswagen of America, Inc.
Warranty Disclaimers and Waivers
Case Opener Wrap-Up
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Four: NEGOTIABLE INSTRUMENTS AND BANKING
CHAPTER 26: Negotiable Instruments: Negotiability and Transferability
Case Opener
Oral Agreements and Negotiable Instruments
The Need for Negotiable Instruments
Contracts as Commercial Paper
Problems with Commercial Paper
Types of Negotiable Instruments
Case 26-1: Reger Development, LLC v. National City Bank
An Overview of the Law of Negotiable Instruments
Negotiable Instrument Versus Simple Contract
Requirements for Negotiability
Case 26-2: Amplify Federal Credit Union v. Garcia
Case 26-3: Athanasios Valsamis v. Néstor González-Romero
Case Opener Wrap-Up
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 27: Negotiation, Holder in Due Course, and Defenses
Case Opener
Dishonored Check and Holder-in-Due-Course Status
Case 27-1: Dennis Walker v. John Probandt and John Raynor
Negotiation
Delivery
Endorsement
Noncriminal Endorsement Problems
Holder-in-Due-Course Doctrine
Reason For Holder-In-Due-Course Status
Case 27-2: Michael J. Kane, Jr. v. Grace Kroll
Requirements for Holder-in-Due-Course Status
Be a Holder of a Complete and Authentic Negotiable Instrument
Take Instrument for Value
Take Instrument in Good Faith
Case 27-3: Wawel Savings Bank v. Jersey Tractor Trailer Training, Inc.
Take Instrument without Notice
The Shelter Principle and HDC
Abuse of the Holder-in-Due-Course Doctrine
Case Opener Wrap-Up: Dishonored Check and Holder-in-Due-Course Status
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 28: Liability, Defenses, and Discharge
Case Opener
Bank One and the Forged Checks
Signature Liability
Primary Liability of Makers and Acceptors
Secondary Liability of Drawers and Endorsers
Accommodation Parties
Case 28-1: Heartland State Bank v. American Bank & Trust
Agents’ Signatures
Case 28-2: Igs Industries, Inc. v. Discover Financial Services, Inc.
Warranty Liability
Transfer Warranty
Presentment Warranty
Case 28-3: Halliburton Energy Services, Inc. v. Fleet National Bank
Avoiding Liability for Negotiable Instruments
Defenses to Liability
Case 28-4: John A. Colfax v. Jpmorgan Chase Bank, N.a.
Discharge of Liability On Instruments
Case Opener Wrap-Up: Bank One and the Forged Checks
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 29: Checks and Electronic Fund Transfers
Case Opener
Fraudulent Electronic Fund Transfers
Checks
Cashier’s Checks
Teller’s Checks
Traveler’s Checks
Money Orders
Certified Checks
Why Use Cashier’s, Teller’s, or Certified Checks?
Lost, Stolen, or Destroyed Cashier’s, Teller’s, or Certified Checks
Accepting Deposits
The Check Collection Process
Types of Banks Involved in Check Collection
Check Collection within the Same Bank
Check Collection between Different Banks
Federal Reserve System for Clearing Checks
Electronic Check Presentment
Availability Schedule for Deposited Checks
When a Bank May Charge a Customer’s Account
Wrongful Dishonor
Case 29-1: Doe v. Bank of America
Overdrafts
Stop-Payment Order
Postdated Checks
Stale Checks
Case 29-2: Aliaga Medical Center, S.c. v. Harris Bank N.a., A/K/A Bmo Harris Bank, N.a.
Forgeries and Alterations
Case 29-3: Merisier v. Bank of America
Electronic Fund Transfers
Types of Eft Systems
Consumer Fund Transfers
Commercial Fund Transfers
E-Money and Online Banking
Online Banking Services
Regulatory Compliance
Privacy Protection
Case Opener Wrap-Up: Fraudulent Electronic Fund Transfers
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Five: CREDITORS’ RIGHTS AND BANKRUPTCY
CHAPTER 30: Secured Transactions
Case Opener
M&T Bank
Important Definitions Associated with Secured Transactions
Creation of Secured Interests
Written Agreement
Case 30-1: 1St Source Bank v. Wilson Bank & Trust
Value
Debtor Rights in the Collateral
Purchase-Money Security Interest
Perfected Security Interest
Perfection by Filing
Case 30-2: The Four County Bank v. Tidewater Equipment Co.
Perfection by Possession
Automatic Perfection
Perfection of Movable Collateral
Perfection of Security Interests In Automobiles and Boats
The Scope of a Security Interest
After-Acquired Property
Proceeds
Termination of a Security Interest
Priority Disputes
Secured Versus Unsecured Creditors
Secured Versus Secured Creditors
Secured Party Versus Buyer
Default
Taking Possession of the Collateral
Case 30-3: Price Auto Sales, Inc. v. Sanders
Proceeding to Judgment
Case Opener Wrap-Up: M&T Bank
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 31: Other Creditors’ Remedies and Suretyship
Case Opener
Mortgage Foreclosure
Laws Assisting Creditors
Statutory Liens
Judicial Liens
Case 31-1: Sharp v. Horton
Case 31-2: Alcantar v. Sanchez
Mortgage Foreclosure
Creditors’ Composition Agreements
Assignment for the Benefit of Creditors
Suretyship and Guaranty Contracts
Suretyship
Guaranty
Defenses of the Surety and the Guarantor
Case 31-3: Beal Bank v. Biggers
Rights of the Surety and the Guarantor
Case Opener Wrap-Up: Mortgage Foreclosure
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 32: Bankruptcy and Reorganization
Case Opener
Student Loans and Bankruptcy
The Bankruptcy Act and Its Goals
Title 11 of the United States Code
Attributes of Bankruptcy Cases
Perceptions of Bankruptcy
Bankruptcy Proceedings
Specific Types of Relief Available
Case 32-1: In Re Arkuszewski
Chapter 7: Liquidation Proceedings
Case 32-2: Rousey v. Jacoway
Case 32-3: Margaret Kawaauhau v. Paul W. Geiger
Chapter 11: Reorganizations
Chapter 13: Individual Repayment Plans
What Are The Repayment Proceedings?
Chapter 12: Family-Farmer And Family-Fisherman Plans
Case Opener Wrap-Up: Student Loans and Bankruptcy
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Six: AGENCY
CHAPTER 33: Agency Formation and Duties
Case Opener
Fedex And Independent Contractors
Introduction to Agency Law
Creation of the Agency Relationship
Types of Agency
Expressed Agency (Agency by Agreement)
Agency by Implied Authority
Apparent Agency (Agency by Estoppel)
Case 33-1: Ackerman v. Sobol Family Partnership, Llp
Agency by Ratification
Agency Relationships
Principal-Agent Relationship
Employer-Employee Relationship
Employer–Independent Contractor Relationship
Case 33-2: Glenn v. Gibbs
Duties of the Agent and The Principal
Principal’s Duties to The Agent
Agent’s Duties to The Principal
Case 33-3: City of Binghamton v. Whalen
Rights and Remedies
Principal’s Rights and Remedies Against the Agent
Agent’s Rights and Remedies Against the Principal
Case Opener Wrap-Up: FedEx and Independent Contractors
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 34: Liability to Third Parties and Termination
Case Opener
Vicarious Liability and Medical Malpractice Suits
Contractual Liability of the Principal and Agent
Case 34-1: In Re Estate of Kurrelmeyer
Classification of the Principal
Authorized Acts
Unauthorized Acts
Tort Liability and the Agency Relationship
Principal’s Tortious Conduct
Case 34-2: Doe v. Uber Technologies, Inc.
Agent Misrepresentation
Principal’s Liability and the Independent Contractor
Crime and Agency Relationships
Termination of the Agency Relationship
Case 34-3: Jerry A. Mais, et al., v. Allianz Life Insurance Company of North America
Termination by Acts of Parties
Termination by Operation of Law
Case Opener Wrap-Up: Vicarious Liability and Medical Malpractice Suits
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Seven: BUSINESS ORGANIZATIONS
CHAPTER 35: Forms of Business Organization
Case Opener
The Dunkin’ Donuts Franchise Agreement
Major Forms of Business Organization
Sole Proprietorship
Partnership
Limited Liability Company
Corporation
Limited Liability Company
Specialized Forms of Business Organization
Cooperative
Joint Stock Company
Business Trust
Syndicate
Joint Venture
Case 35-1: Meyer v. Christie
Franchise
Case 35-2: Live Cryo, LLC v. Cryousa Import and Sales, LLC
Case 35-3: Patterson v. Domino’s Pizza LLC
Case Opener Wrap-Up: The Dunkin’ Donuts Franchise Agreement
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 36: Partnerships: Nature, Formation, and Operation
Case Opener
Joint-Venture Partnership and Liability
Nature of the Partnership
Case 36-1: Leoff v. S&J Land Co.
Partnership as a Legal Entity
Partnership as a Legal Aggregate
Formation of the Partnership
Partnership by Estoppel
Interactions between Partners
Duties of Partners to One Another
Case 36-2: Floyd Finch v. Bruce Wayne Campbell
Rights of the Partners in their Interactions with Other Partners
Interactions between Partners and Third Parties
Actual Authority of the Partners
Implied Authority of the Partners
Liability to Third Parties
Case 36-3: Robert Law, on Behalf of the Robert M. Law Profit Sharing Plan v. Ronald Zemp
Liability of Incoming Partners
The Revised Uniform Partnership Act
Case Opener Wrap-Up: Joint-Venture Partnership and Liability
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 37: Partnerships: Termination and Limited Partnerships
Case Opener
Partnership Problems of Wildmeadow Village
Termination of the Partnership
Dissolution of the Business
Act of Partners
Operation of Law
Act of the Court
Case 37-1: Urbain v. Beierling
Consequences of Dissolution
Winding-Up the Business
Case 37-2: Jack A. Kahn and Denise W. Kahn v. Stewart Mesher and Lieselotte Mesher
Continuing the Partnership after Dissolution
Limited Partnerships
Formation of the Limited Partnership
Rights and Liabilities of the Limited Partners and the General Partners
Dissolution of the Limited Partnership
Dissolution of Limited Liability Company
Case 37-3: William C. Styslinger Iii v. Brewster Park, LLC, et al.
Case Opener Wrap-Up: Partnership Problems of Wildmeadow Village
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 38: Corporations: Formation and Financing
Case Opener
The Formation of the Facebook Corporation
Characteristics of Corporations
Legal Entity
Rights as a Person and a Citizen
Case 38-1: Protect My Check, Inc. v. Craig C. Dilger, John Steffen
Creature of the State
Limited Liability
Free Transferability of Corporate Shares
Perpetual Existence
Centralized Management
Corporate Taxation
Liability for Officers and Employees
Corporate Powers
Express and Implied Powers
Classification of Corporations
Public or Private
Profit or Nonprofit
Domestic, Foreign, and Alien Corporations
Publicly Held or Closely Held
Subchapter S Corporation
Professional Corporation
Formation of the Corporation
Organizing and Promoting the Corporation
Case 38-2: King v. American Family Mutual Insurance Company; American Standard Insurance Company of Wisconsin
Selecting a State for Incorporation
Legal Process of Incorporation
Selection of Corporate Name
Incorporators
Articles of Incorporation
First Organizational Meeting
Potential Problems with Formation of the Corporation
Responses to Defective Incorporation
Case 38-3: Wachovia Securities, LLC v. Banco Panamericano
Corporate Financing
Debt Securities
Equity Securities
Case Opener Wrap-Up: The Formation of the Facebook Corporation
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 39: Corporations: Directors, Officers, and Shareholders
Case Opener
A Majority Shareholder and Her Son
Importance of Regulating Interactions Among Directors, Officers, and Shareholders within a Corporation
Roles of Directors, Officers, and Shareholders
Directors’ Roles
Officers’ Roles
Shareholders’ Roles
Duties of Directors, Officers, and Shareholders
Duties of Directors and Officers
Duties of Shareholders
Case 39-1: Mccann v. Mccann
Liabilities of Directors, Officers, and Shareholders
Liability of Directors and Officers
Case 39-2: Kdw Restructuring & Liquidation v. Greenfield
Liability of Shareholders
Rights of Directors, Officers, and Shareholders
Directors’ Rights
Officers’ Rights
Shareholders’ Rights
Case 39-3: George T. Koshy v. Anupam Sachdev
Case Opener Wrap-Up: A Majority Shareholder and Her Son
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 40: Corporations: Mergers, Consolidations, Terminations
Case Opener
Acquisitions as Horizontal Mergers
Introduction to Mergers and Consolidations
Mergers
Consolidations
Procedures for Mergers and Consolidations
The Rights of Shareholders
Case 40-1: Parshall v. Hcsb Financial Corporation
Short-form Mergers
Appraisal Rights
Case 40-2: Shiftan v. Morgan Joseph Holdings, Inc.
Purchase of Assets
Purchase of Stock
The Nature of Takeovers
Types of Takeovers
Response to Takeovers
Response To Termination
Dissolution
Case 40-3: Germain v. A.o. Smith Water Prods. Co
Liquidation
Case Opener Wrap-Up: Acquisitions as Horizontal Mergers
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 41: Corporations: Securities and Investor Protection
Case Opener
The Martha Stewart Case
What Is a Security?
Case 41-1: Securities and Exchange Commission, v. Arcturus Corporation
Securities Regulation
The Securities and Exchange Commission
The Securities Act of 1933
Registration Statement
Prospectus
Periods of the Filing Process
Special Registration Provisions
Exemptions Under The 1933 Act
Violations and Liability
The Securities Exchange Act of 1934
Section 10(B) and Rule 10B-5
Insider Trading
Classic Case 41-2 Securities and Exchange Commission v. Texas Gulf Sulphur Co.
The Private Securities Litigation Reform Act of 1995
Outsiders and Insider Trading
Case 41-3: United States of America v. Matthew Kluger
Section 16(B)
Proxy Solicitations
Violations of the 1934 Act
Regulation of Investment Companies
State Securities Laws
Case Opener Wrap-Up: The Martha Stewart Case
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Eight: EMPLOYMENT AND LABOR RELATIONS
CHAPTER 42: Employment and Labor Law
Case Opener
Madison and Save Right Pharmacy
Introduction to Labor and Employment Law
Fair Labor Standards Act
Family and Medical Leave Act
Remedies for Violations of Fmla
Unemployment Compensation
Workers’ Compensation Laws
Benefits Under State Workers’ Compensation
Case 42-1: Delgado v. Phelps Dodge Chino, Inc.
Advantages and Disadvantages of Workers’ Compensation
Consolidated Omnibus Budget Reconciliation Act of 1985
Employee Retirement Income Security Act of 1974
Occupational Safety and Health Act of 1970
Penalties Under Osha
Employment-at-Will Doctrine and Wrongful Termination
Employee Privacy in the Workplace
Electronic Monitoring and Communication
Case 42-2: Moreno v. Hanford Sentinel, Inc. (2009)
Case 42-3: Ehling v. Monmouth-Ocean Hosp. Serv. Corp., 961 F. Supp. 2d 659 (Delaware 2013)
Privacy and Social Media Policy Guidelines
Drug Testing in the Workplace
Employer Rights and Responsibilities When Hiring Foreign Workers
Labor Law
The Wagner Act of 1935
The Taft-Hartley Act of 1947
The Landrum-Griffin Act of 1959
The National Labor Relations Board
The Collective Bargaining Process
Strikes, Picketing, and Boycotts
Case Opener Wrap-Up: Madison and Save Right Pharmacy
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 43: Employment Discrimination
Case Opener
Brad Gets Fired From “So Clean!”
When May an Employee Be Fired?
Federal Laws Governing Employers
Civil Rights Act—Title Vii
Proving Disparate-Treatment Discrimination Under Title Vii
Proving Disparate-Impact Discrimination Under Title Vii
Sexual Harassment Under Title Vii
Case 43-1: Brennan v. Townsend & O’leary Enterprises, Inc.
Harassment of Other Protected Classes Under Title Vii
Pregnancy Discrimination Act of 1987—An Amendment to Title Vii
Defenses to Claims Under Title Vii
Remedies Under Title Vii
Procedure for Filing a Claim Under Title Vii
Age Discrimination in Employment Act of 1967
Proving Age Discrimination Under Adea
Defenses Under Adea
Americans with Disabilities Act
Who Is Protected Under Ada?
Enforcement Procedures Under Ada
Remedies for Violations of Ada
Equal Pay Act of 1963
Defining Equal Work Under Epa
The Impact of Extra Duties Under Epa
Defenses Under Epa
Remedies for Violations of Epa
Discrimination Based on Sexual Orientation—Actionable?
Case 43-2: Donald Baldwin, Complainant v. Anthony Foxx, Secretary, Dept. of Transportation (Faa), Agency
Same-Sex Marriage
May an Employer Discriminate Against a Smoker?
May Employers Use Social Media in Employment Decisions?
Use of Social Media in Hiring Decisions
Use of Social Media in Firing Decisions
Employment Discrimination Internationally
Case Opener Wrap-Up: Brad Gets Fired from “So Clean!”
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
Part Nine: GOVERNMENT REGULATION
CHAPTER 44: Administrative Law
Case Opener
Does the Epa Have an Obligation to Regulate Automobile Emissions?
Introduction to Administrative Law
What is Administrative Law?
Why and How are Agencies Created?
Case 44-1: Doe v. United States Sec, 2011 U.s. Dist. Lexis 114384
Federal and State Administrative Agencies
Different Types of Administrative Agencies
How do Agencies Operate?
Informal Rule Making
Formal Rule Making
Hybrid Rule Making
Exempted Rule Making
Regulated Negotiation
Problems Associated with Rule Making
Other Administrative Activities
Case 44-2: Yan Ju Wang v. George Valverde
Limitations on Agency Powers
Political Limitations
Statutory Limitations
Judicial Limitations
Informational Limitations
Case 44-3: Electronic Privacy Information Center v. National Security Administration
Case Opener Wrap-Up: Does the EPA Have an Obligation to Regulate Automobile Emissions?
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 45: Consumer Law
Case Opener
Deceptive Advertising and the Ultimate Weight-Loss Cure
The Federal Trade Commission
How the Ftc Brings an Action
Trade Regulation Rules
Deceptive Advertising
Case 45-1: Gotlin v. Lederman
Bait-And-Switch Advertising
Ftc Actions Against Deceptive Advertising
Telemarketing and Electronic Advertising
Tobacco Advertising
Labeling and Packaging Laws
Sales
Door-to-Door Sales
Telephone and Mail-Order Sales
FTC Regulation of Sales in Specific Industries
Credit Protection
The Truth in Lending Act
The Fair Credit Reporting Act
The Fair Debt Collection Practices Act
Case 45-2: Crawford v. Lvnv Funding, LLC
The Credit Card Fraud Act
The Fair Credit Billing Act
The Fair and Accurate Credit Transactions Act
The Credit Cardholders’ Bill of Rights Act
Consumer Health and Safety
The Federal Food, Drug, and Cosmetic Act
Case 45-3: United States of America v. Michael Kaplan
The Consumer Product Safety Act
Case Opener Wrap-Up: Deceptive Advertising and the Ultimate Weight-Loss Cure
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 46: Environmental Law
Case Opener
Rogers Corporation’s Hazardous Waste Debacle
Alternative Means of Protecting the Environment
Tort Law
Government Subsidies
Marketable Discharge Permits
Green Taxes
Direct Regulation
The Environmental Protection Agency
The National Environmental Policy Act
Environmental Impact Statements
Case 46-1: Brodsky v. United States Nuclear Regulatory Commission
Regulating Air Quality
National Ambient Air Quality Standards
Toxic or Hazardous Air Pollutants
Enforcement of the Clean Air Act
Regulating Water Quality
Clean Water Act
Safe Drinking Water Act
Regulating Hazardous Waste
Resource Conservation and Recovery Act
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended by the Superfund Amendment And Reauthorization Act of 1986
Case 46-2: Consolidation Coal Company v. Georgia Power Company, et al.
Regulating Toxic Substances
Toxic Substances Control Act
Federal Insecticide, Fungicide, And Rodenticide Act
Case 46-3: Elvis Mirzaie, Edison Mirzaie, Romi Mirzaie v. Monsanto Company
International Environmental Considerations
Case Opener Wrap-Up: Rogers Corporation’s Hazardous Waste Debacle
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 47: Antitrust Law
Case Opener
Whole Foods Market Merger and Monopoly
History of and Rationale for Antitrust Law
The Need for Regulation
Rationale for Antitrust Laws
Recent Regulatory Attitudes
Exemptions from Antitrust Law
The Sherman Act
Jurisdiction of the Sherman Act
Section 1 of the Sherman Act
Case 47-1: United States v. Apple Inc.
Classic Case 47-2 Continental T.v., Inc. v. Gte Sylvania Inc.
Section 2 of the Sherman Act
The Clayton Act
Section 2: Price Discrimination
Section 3: Exclusionary Practices
Section 7: Mergers
Case 47-3: Federal Trade Commission v. Penn State Hershey Medical
Section 8: Interlocking Directorates
The Federal Trade Commission Act
The Robinson-Patman Act
Enforcement of Antitrust Laws
Public Enforcement
Private Enforcement
Case Opener Wrap-Up: Whole Foods Market Merger and Monopoly
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 48: The Nature of Property, Personal Property, and Bailments
Case Opener
Prisoners and Personal Property
The Nature and Classifications of Property
Personal Property
Voluntary Transfer of Property
Case 48-1: Campbell v. Robinson
Involuntary Transfer of Personal Property
Case 48-2: In Re: Nelson T. Rodriguez, Belinda Georgeson v. Nelson T. Rodriguez
Other Means of Acquiring Ownership of Property
Bailment
Case 48-3: J&L Jewelry v. Epk Management
Rights and Duties of the Bailor
Rights and Duties of the Bailee
Documents Related to Bailments
Special Bailments
Case Opener Wrap-Up: Prisoners and Personal Property
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 49: Real Property
Case Opener
Groundwater and Property Rights
The Nature of Real Property
Fixtures
Extent of Ownership
Interests in Real Property
Fee Simple Absolute
Conditional Estate
Life Estate
Case 49-1: Douglas Stolipher v. Estate of Charles A. Rocheleau
Future Interest
Leasehold Estate
Nonpossessory Estates
Co-Ownership
Tenancy in Common
Joint Tenancy
Tenancy by the Entirety
Condominiums and Cooperatives
Voluntary Transfer of Real Property
Legal Requirements
Sales Transactions
Involuntary Transfer of Real Property
Adverse Possession
Condemnation
Case 49-2: Kelo v. City of New London
Restrictions on Land Use
Restrictive Covenants
Case 49-3: The Spur at Williams Brice Owners Association, Inc. v. Sunil v. Lalla and Sharan W. Lalla
Zoning
Other Statutory Restrictions on Land Use
Case Opener Wrap-Up: Groundwater and Property Rights
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 50: Landlord-Tenant Law
Case Opener
Free to Choose?
Creation of the Landlord-Tenant Relationship
Types of Leases
Fair Housing Act
Case 50-1: Choices in Cmty. Living, Inc. v. Petkus
Rights and Duties of the Landlord and the Tenant
Possession of the Premises
Case 50-2: Linda K. Miller v. William Burnett
Eviction
Use of the Premises
Maintenance of the Premises
Rent
Liability for Injuries on the Premises
Landlord’s Liability
Tenant’s Liability
Case 50-3: Leonara Caruso v. Apts. Downtown, Inc.
Transferring Interests of Leased Property
Landlord Transfer of Interest
Tenant Transfer of Interest
Termination of the Lease
Breach of Condition by Landlord
Forfeiture
Destruction of the Premises
Surrender
Abandonment
Case Opener Wrap-Up: Free to Choose?
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 51: Insurance Law
Case Opener
The Obligation of Insurance Companies to Restore Property
The Nature of the Insurance Relationship
Risk
Insurable Interest
Case 51-1: Royal Capital Development LLC v. Maryland Casualty Company
The Insurance Contract
Application for Insurance
Case 51-2: Equity Fire & Casualty Company v. Laurence Traver
Important Elements of the Insurance Contract
Case 51-3: Mellin v. Northern Security Insurance Company
Canceling the Insurance Policy
Insurer and Insured Obligations
Insurer Duty to Defend the Insured
Insurer Duty to Pay Sums Owed by the Insured
Insured Duty to Disclose Information
Insured Duty to Cooperate with the Insurer
The Insurer’s Defenses for Nonpayment
Types of Insurance
Liability and Property Insurance
Life Insurance
Case Opener Wrap-Up: The Obligation of Insurance Companies to Restore Property
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
CHAPTER 52: Wills and Trusts
Case Opener
The Danger of Preprinted Forms
Estate Planning
The Uniform Probate Code
Tools of Estate Planning
Why Individuals Engage in Estate Planning
Case 52-1: In Re Certified Question From U.s. District Court for the Western District of Michigan
Legal Issues Related to Wills
Intestacy Statutes
Requirements for a Legally Valid Will
Grounds for Contesting a Will
Case 52-2: Pace v. Steele
Changing a Will
Case 52-3: Bogar v. Baker
Revoking a Will
Settlement of an Estate
Trusts as Estate Planning Tools
How and Why Individuals Create Trusts
Basic Kinds of Trusts
How Trusts are Terminated
End-of-Life Decisions
Advance Directives
Anatomical Gifts
Choices about the Body after Death
International Protection for Wills
Case Opener Wrap-Up: The Danger of Preprinted Forms
Key Terms
Summary of Key Topics
Point / Counterpoint
Questions & Problems
APPENDIXES
APPENDIX A: The Constitution of the United States of America
APPENDIX B: Uniform Commercial Code
APPENDIX C: Title VII of the Civil Rights Act of 1964
APPENDIX D: The Civil Rights Act of 1991
Glossary
Name Index
Subject Index