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Test Bank for Managers and the Legal Environment Strategies for the 21st Century, 8th Edition

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ISBN-10 ‏ : ‎ 1285860373
ISBN-13 ‏ : ‎ 978-1285860374
Author: Constance E. Bagley

Demonstrating the law’s impact on daily business decisions and long-term strategies, Bagley’s MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR THE 21ST CENTURY, 8E equips you with the legal knowledge and risk management techniques essential for success as a business manager. Renowned for its cutting-edge coverage and strategic approach, this book offers one of the most comprehensive yet easy-to-understand presentations of today’s global legal environment of business. In-depth cases help you sharpen your critical thinking skills, and “A Manager’s Dilemma” feature challenges you to consider such issues as whether to outsource labor to a country known for poor working conditions and the ethics of structuring a business to avoid domestic taxes. Whether you have significant management experience or are studying business for the first time, you will learn how to use principles of law to minimize risk and create value, attain core business objectives, identify and resolve legal issues, and effectively handle legal disputes. Up-to-date coverage includes the regulation of commercial speech, the disclosure of corporate political spending, the application of the Fourth Amendment to cell phone location data, the patentability of human genes, employees’ use of social media, regulatory responses to climate change, the fiduciary duties of managers of limited liability companies, the FCC’s proposed rules on net neutrality, the constitutionality of Obamacare, the use of race in college admissions, the Defense of Marriage Act, NSA surveillance programs, the right of college football players to unionize, and more.

Unit I: Foundations of the Legal and Regulatory Environment
Ch 1: Law, Value Creation, and Risk Management
Ch 1: Introduction
Ch 1: Chapter Overview
1-1: The Systems Approach to Business and Society
1-2: Law and Public Policy
1-3: The Legally Astute Manager
Ch 1: Key Words and Phrases
Ch 1: Questions and Case Problems
Ch 2: Ethics and the Law
Ch 2: Introduction
Ch 2: Chapter Overview
2-1: The Relationship Between Law and Ethics
2-2: The Ethical Tone Is Set at the Top
2-3: The Ethical Business Leader’s Decision Tree
2-4: Individual Responsibility
2-5: Failing to Meet Societal Expectations
2-6: Positive Action
2-7: Promoting Ethical Behavior
2-8: Honor or “The Morals of the Market Place”?
Ch 2: Key Words and Phrases
Ch 2: Questions and Case Problems
Ch 3: Sources of Law, Courts, and Dispute Resolution
Ch 3: Introduction
Ch 3: Chapter Overview
3-1: How to Read a Case Citation
3-2: Sources of Law
3-3: The U.S. and State Court Systems
3-4: Federal Jurisdiction
3-5: Federal Courts
3-6: State Courts
3-7: Standing
3-8: Personal Jurisdiction
3-9: Choice of Forum, Waiver of Right to Trial by Jury, and Choice of Law
3-10: Alternatives to Litigation
3-11: Class Actions
3-12: Civil Procedure: Litigation Steps
3-13: Alternative Dispute Resolution
3-14: Negotiation
3-15: Mediation
3-16: Arbitration
3-17: ADR Hybrids
3-18: Discovery
3-19: Document Retention and Deletion
3-20: Attorney–Client Privilege, Attorney Work-Product Doctrine, and Other Privileges
Ch 3: Key Words and Phrases
Ch 3: Questions and Case Problems
Ch 4: Constitutional Bases for Business Regulation
Ch 4: Introduction
Ch 4: Chapter Overview
4-1: Structure of Government
4-2: Separation of Powers
4-3: Supremacy Clause and Preemption
4-4: Federalism
4-5: The Commerce Clause
4-6: Federal Fiscal Powers
4-7: Protection of Individual Liberties
4-8: Freedom of Speech and the Press
4-9: Right of Association
4-10: Freedom of Religion
4-11: The Fourth Amendment
4-12: Due Process Under the Fifth and Fourteenth Amendments
4-13: Compensation for Takings
4-14: Equal Protection
4-15: Right to Jury Trial
Ch 4: Key Words and Phrases
Ch 4: Questions and Case problems
Ch 5: Agency
Ch 5: Introduction
Ch 5: Chapter Overview
5-1: Formation of an Agency Relationship
5-2: Types of Agency Relationships
5-3: Fiduciary Duty
5-4: Agent’s Ability to Bind the Principal to Contracts Entered into by the Agent
5-5: Liability for Torts of Agents
5-6: Liability of the Principal for Violations of Law by the Agent
Ch 5: Key Words and Phrases
Ch 5: Questions and Case Problems
Ch 6: Administrative Law
Ch 6: Introduction
Ch 6: Chapter Overview
6-1: How Administrative Agencies Act
6-2: Administrative Agencies and The Constitution
6-3: Principles of Administrative Law
6-4: Judicial Review of Agency Actions
6-5: Decision-Making Power of Agencies
6-6: Finding an Agency’s Rules and Procedures
6-7: Obtaining Documents from an Agency
Ch 6: Key Words and Phrases
Ch 6: Questions and Case Problems
Unit II: The Legal Environment
Ch 7: Contracts
Ch 7: Introduction
Ch 7: Chapter Overview
7-1: Basic Requirements of a Contract
7-2: Agreement
7-3: Consideration
7-4: Capacity
7-5: Legality
7-6: Promissory Estoppel
7-7: Precontractual Liability for Failure to Negotiate in Good Faith
7-8: Unconscionability
7-9: Genuineness of Assent
7-10: Statute of Frauds
7-11: The Parol Evidence Rule
7-12: Changed Circumstances
7-13: Contract Modification
7-14: Discharge of a Contract
7-15: Duty of Good Faith and Fair Dealing
7-16: Third-Party Beneficiaries
7-17: Remedies
7-18: Contracts Relating to Mergers and Acquisitions
Ch 7: Key Words and Phrases
Ch 7: Questions and Case Problems
Ch 8: Sales, Licensing, and E-Commerce
Ch 8: Introduction
Ch 8: Chapter Overview
8-1: Article 2 of the UCC
8-2: Software Licenses
8-3: Contract Formation
8-4: Statute of Frauds
8-5: Electronic Contracts: The Uniform Electronic Transactions Act and the E-Sign Act
8-6: Duty of Good Faith Under the UCC
8-7: Warranties
8-8: Magnuson–Moss Warranty Act
8-9: The Passing of Title
8-10: Allocation of the Risk of Loss
8-11: Right to Reject Nonconforming Goods
8-12: Unconscionability
8-13: Commercial Impracticability
8-14: Remedies
Ch 8: Key Words and Pharses
Ch 8: Questions and Case Problems
Ch 9: Torts and Privacy Protection
Ch 9: Intrduction
Ch 9: Chapter Overview
9-1: Elements of an Intentional Tort and Defenses
9-2: Intentional Torts to Protect Persons
9-3: Intentional Torts That Protect Property
9-4: Intentional Torts That Protect Certain Economic Interests and Business Relationships
9-5: Negligence
9-6: Liability of Accountants and Other Professionals to Third Parties
9-7: Negligent Hiring and Liability for Employee Recommendations
9-8: Strict Liability
9-9: Respondeat Superior and Vicarious Liability
9-10: Successor Liability
9-11: Damages
9-12: Equitable Relief
9-13: Liability of Multiple Defendants
9-14: Privacy Protection
9-15: Identity Theft
Ch 9: Key Words and Phrases
Ch 9: Questions and Case Problems
Ch 10: Product Liability
Ch 10: Introduction
Ch 10: Chapter Overview
10-1: Theories of Recovery
10-2: Litigation Strategy and the Availability of Punitive Damages
10-3: What Is a Product?
10-4: What Makes a Product Defective?
10-5: Who May Be Strictly Liable for Product Defects?
10-6: Successor, Market-Share, and Premises Liabilit
10-7: Product Liability Class Actions
10-8: Common Law Defenses
10-9: Other Legislative Limits on Liability
10-10: Tobacco and “Big Food”
Ch 10: Key Words and Phrases
Ch 10: Questions and Case Problems
Ch 11: Intellectual Property
Ch 11: Introduction
Ch 11: Chapter Overview
11-1: Patents
11-2: Copyrights
11-3: Registered Mask Works
11-4: Trademarks
11-5: Domain Names and Cybersquatting
11-6: Trade Dress
11-7: Trade Secrets
Ch 11: Key Words and Phrases
Ch 11: Questions and Case Problems
Unit III: Human Resources
Ch 12: The Employment Agreement
Ch 12: Introduction
Ch 12: Chapter Overview
12-1: At-Will Employment
12-2: Wrongful Discharge
12-3: Statutory and Constitutional Protection for Whistleblowers
12-4: Fraudulent Inducement
12-5: Noncompete and Other Agreements
12-6: Tortious Interference with Prospective Economic Advantage
12-7: References for Former Employees
12-8: Employer Testing and Surveillance
12-9: Responsibility for Worker Safety
12-10: Minimum Wage, Overtime, and Child Labor
12-11: Employee Benefits
12-12: Worker Adjustment and Retraining Notification Act (Warn Act)
12-13: Immigration Law
12-14: Labor–Management Relations
Ch 12: Key Words and Phrases
Ch 12: Questions and Case Problems
Ch 13: Civil Rights and Employment Discrimination
Ch 13: Introduction
Ch 13: Chapter Overview
13-1: Overview of Civil Rights Legislation
13-2: Title VII
13-3: Age Discrimination
13-4: Disability Discrimination
13-5: Family and Medical Leave Act
13-6: Veterans’ Reemployment Rights
13-7: Affirmative Action
13-8: Applicability of Civil Rights Laws to Temporary Workers
13-9: The Extraterritorial Reach of U.S. Employment Discrimination Laws
Ch 13: Key Word and Phrases
Ch 13: Questions and Case Problems
Unit IV: The Regulatory Environment
Ch 14: Criminal Law
Ch 14: Introduction
Ch 14: Chapter Overview
14-1: Definition of a Crime
14-2: Source of Criminal Law
14-3: Elements of a Crime
14-4: Criminal Versus Civil Liability
14-5: Criminal Procedure
14-6: Constitutional Protections: The Ex Post Facto Clause
14-7: Constitutional Protections: The Fourth Amendment
14-8 Constitutional Protections: The Fifth Amendment
14-9: Constitutional Protections: The Sixth Amendment
14-10: Constitutional Protections: The Eighth Amendment
14-11: Nonconstitutional Protections
14-12: Federal Sentencing Guidelines
14-13: Individual Liability for Criminal Acts
14-14: Corporate Liability for Criminal Acts
14-15: White-Collar Crime
14-16: Other Federal Regulatory and Tax Offenses
14-17: Amnesty and Leniency Programs
Ch 14: Key Words and Phrases
Ch 14: Questions and Case Problems
Ch 15: Environmental Law
Ch 15: Introduction
Ch 15: Chapter Overview
15-1: Overview of Environmental Laws
15-2: Administration of Environmental Laws
15-3: Standing
15-4: The Clean Air Act
15-5: The Clean Water Act
15-6: Other Federal and State Chemical Regulations
15-7: The Resource Conservation and Recovery Act
15-8: The Federal Superfund Law (CERCLA)
15-9: Environmental Justice
15-10: Enforcement Activities and Sanctions for Noncompliance
15-11: Management of Environmental Compliance
Ch 15: Key Words and Phrases
Ch 15: Questions and Case Problems
Ch 16: Antitrust
Ch 16: Introduction
Ch 16: Chapter Overview
16-1: Jurisdictional Reach: Interstate or Foreign Trade and Commerce
16-2: Agreements in Restraint of Trade: Section 1 of the Sherman Act
16-3: Monopolies: Section 2 of the Sherman Act
16-4: Price Discrimination: The Robinson–Patman Act
16-5: Mergers: Section 7 of the Clayton Act
16-6: Unfair Methods of Competition: Section 5 of the Federal Trade Commission Act
16-7: State-Action Exemption
16-8: Antitrust Enforcement
16-9: The Extraterritorial Reach of U.S. Antitrust Law
Ch 16: Key Words and Phrases
Ch 16: Questions and Case Problems
Ch 17: Consumer Protection
Ch 17: Introduction
Ch 17: Chapter Overview
17-1: Commissions and Agencies
17-2: Food Safety and Labeling
17-3: Drugs and Medical Devices
17-4: Labeling of Other Products
17-5: Broadcasting and the Internet
17-6: The Consumer Product Safety Commission
17-7: Automobiles
17-8: Protecting Privacy and Canning Spam
17-9: Unfairness, Deception, and Fraud
17-10: State Occupational Licensing
17-11: Consumer Credit
17-12: Regulation of Virtual Currencies
Ch 17: Key Words and Phrases
Ch 17: Questions and Case Problems
Ch 18: Real Property and Land Use
Ch 18: Introduction
Ch 18: Chapter Overview
18-1: Forms of Ownership
18-2: Transfer of Ownership
18-3: Recording Statutes and Title Insurance
18-4: Brokers
18-5: Acquisitions and Dispositions
18-6: Environmental Due Diligence
18-7: Preliminary Agreements
18-8: Financing
18-9: Appraisal Methods
18-10: Protective Laws for Borrowers
18-11: Commercial Leasing
18-12: Environmental Impact Statements and Assessments
18-13: Government Regulation of Land Use
18-14: Physical Accessibility to Commercial Facilities and Public Accommodations: The ADA and State
Ch 18: Key Words and Phrases
Ch 18: Questions and Case Problems
Unit V: Corporate Governance, Ownership, and Control
Ch 19: Forms of Business Organizations
Ch 19: Introduction
Ch 19: Chapter Overview
19-1: Sole Proprietorships
19-2: General Partnerships
19-3: Joint Ventures
19-4: Limited Liability Partnerships
19-5: Limited Partnerships
19-6: Master Limited Partnerships
19-7: Corporations
19-8: Limited Liability Companies
19-9: Benefit Corporations
19-10: Low-Profit Limited Liability Companies
19-11: Income Tax Considerations
19-12: Agency Lawand Limited Liability
19-13: Partnership Mechanics
19-14: Limited Partnership Requirements
19-15: Incorporation
19-16: Piercing the Veil of a Corporation or Limited Liability Company
19-17: Management of the Corporation
19-18: Structural Changesin a Corporation
19-19: Tender Offers and Stock Repurchases
Ch 19: Key Words and Phrases
Ch 19: Questions and Case Problems
Ch 20: Directors, Officers, and Controlling Shareholders
Ch 20: Introduction
Ch 20: Chapter Overview
20-1: The Business Judgment Rule and the Duty of Care
20-2: Duty of Good Faith
20-3: Duty of Loyalty
20-4: Duty of Candor
20-5: Duties in the Context of Mergers, Acquisitions, and Takeovers
20-6: Allocation of Power Between the Directors and the Shareholders
20-7: Duty of Directors to Disclose Preliminary Merger Negotiations
20-8: Executive Compensation
20-9: Duties of Controlling Shareholders
Ch 20: Key Words and Phrases
Ch 20: Questions and Case Problems
Unit VI: Securities and Financial Transactions
Ch 21: Public and Private Offerings of Securties
Ch 21: Introduction
Ch 21: Chapter Overview
21-1: The Federal Statutory Scheme
21-2: SEC Rules and Regulations
21-3: State Blue Sky Laws
21-4: Definition of Terms
21-5: Registration of Securities Offerings
21-6: EDGAR and Use of Social Media
21-7: Shelf Registration
21-8: Reorganizations and Combinations
21-9: Exemptions for Offerings by the Issuer
21-10: The Private Placement Memorandum
21-11: Exemptions for Secondary Offerings
21-12: Registration of Public Companies Under the 1934 Act and Periodic Reporting Requirements
21-13: Violation of the Registration and Prospectus-Delivery Requirements: Section 12(A)(1) of the 1
21-14: Section 11 of the 1933 Act
21-15: Section 12(A)(2) of the 1933 Act
21-16: Criminal Penalties
Ch 21: Key Words and Phrases
Ch 21: Questions and Case Problems
Ch 22: Securities Fraud and Insider Trading
Ch 22: Introduction
Ch 22: Chapter Overview
22-1: Overview of Antifraud Provisions
22-2: Rule 10b–5
22-3: Interstate Commerce
22-4: Misstatement or Omission
22-5: Materiality
22-6: Scienter
22-7: In Connection with the Purchase or Sale of Any Security
22-8: Reliance
22-9: Causation
22-10: Calculation of Damages
22-11: Statute of Limitations
22-12: Regulation AC and Securities Fraud Involving a Publicly Traded Company
22-13: Litigation Reform Act Safe Harbor for Forward-Looking Statements
22-14: Liability of Secondary Actors
22-15: Section 17(A)
22-16: SEC Actions
22-17: Responsibility of Auditors to Detect and Report Illegalities
22-18: Definition of Insider Trading
22-19: Application of Insider Trading Rules to Government Officials and Political Intelligence Firms
22-20: Mail and Wire Fraud
22-21: RICO
22-22: Enforcement of Antifraud Prohibitions
22-23: Selective Disclosureand Regulation FD
22-24: Other Requirements Applicable to Officers, Directors, and Greater-Than-10% Shareholders
Ch 22: Key Words and Phrases
Ch 22: Questions and Case Problems
Ch 23: Debtor-Creditor Relations and Bankruptcy
Ch 23: Introduction
Ch 23: Chapter Overview
23-1: Loan Agreements
23-2: Commercial Loan Categories
23-3: Secured Transactions Under Article 9 of the UCC
23-4: Equipment Leasing
23-5: Guaranties
23-6: Subordination
23-7: Lender Liability
23-8: Special Provisions Applicable to Failed Banks and Other Financial Institutions
23-9: Management Duties May Shift When a Company Enters the Insolvency Zone
23-10: Overview of Bankruptcy Law

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