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Legal Basics for Entrepreneurs

This text covers the broad spectrum of legal issues that entrepreneurs must understand when starting and running a business. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style.

Civil Law Business

Author: LibreTexts
Publisher: LibreTexts
Source: LibreTexts
License: CC BY-NC-SA
Language: EN
Category: Business Administration

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Contents· 274 sections

01: Introduction to Law and Legal Systems
1.01: What Is Law
1.02: Schools of Legal Thought
1.03: Basic Concepts and Categories of US Positive Law
1.04: Sources of Law and Their Priority
1.05: Legal and Political Systems of the World
1.06: A Sample Case
1.07: Summary and Exercises
02: Corporate Social Responsibility and Business Ethics
2.01: Introduction
2.02: What Is Ethics
2.03: Major Ethical Perspectives
2.04: An Ethical Decision Model
2.05: Corporations and Corporate Governance
2.06: Summary and Exercises
03: Courts and the Legal Process
3.01: Introduction
3.02: The Relationship between State and Federal Court Systems in the United States
3.03: The Problem of Jurisdiction
3.04: Motions and Discovery
3.05: The Pretrial and Trail Phase
3.06: Judgment Appeal and Execution
3.07: When Can Someone Bring a Lawsuit
3.08: Relations with Lawyers
3.09: Alternative Means of Resolving Disputes
3.10: Cases
04: Constitutional Law and US Commerce
4.01: Chapter Introduction
4.02: Basic Aspects of the US Constitution
4.03: The Commerce Clause
4.04: Dormant Commerce Clause
4.05: Preemption - The Supremacy Clause
4.06: Business and the Bill of Rights
4.07: 4.6 Cases
4.08: Summary and Exercises
05: Administrative Law
5.01: Administrative Agencies - Their Structure and Powers
5.02: Controlling Administrative Agencies
5.03: The Administrative Procedure Act
5.04: Administrative Burdens on Business Operations
5.05: The Scope of Judicial Review
5.06: Cases
5.07: Summary and Exercises
06: Criminal Law
6.01: The Nature of Criminal Law
6.02: Types of Crimes
6.03: The Nature of a Criminal Act
6.04: Responsibility
6.05: Procedure
6.06: Constitutional Rights of the Accused
6.07: Cases
6.08: Summary and Exercises
07: Introduction to Tort Law
7.01: Chapter Introduction
7.02: Purpose of Tort Laws
7.03: Intentional Torts
7.04: Negligence
7.05: Strict Liability
7.06: Cases
7.07: Summary and Exercises
08: Introduction to Contract Law
8.01: Chapter Introduction
8.02: General Perspectives on Contracts
8.03: Sources of Contract Law
8.04: Basic Taxonomy of Contracts
8.05: Cases
8.06: Summary and Exercises
09: The Agreement
9.01: Chapter Summary
9.02: The Agreement in General
9.03: The Offer
9.04: The Acceptance
9.05: Cases
9.06: Summary and Exercises
10: Real Assent
10.01: Chapter Introduction
10.02: Duress and Undue Influence
10.03: Misrepresentation
10.04: Mistake
10.05: Capacity
10.06: Cases
10.07: Summary and Exercises
11: Consideration
11.01: Chapter Summary
11.02: General Perspectives on Consideration
11.03: Legal Sufficiency
11.04: Promises Enforceable without Consideration
11.05: Cases
11.06: Summary and Exercises
12: Legality
12.01: Chapter Summary
12.02: General Perspectives on Illegality
12.03: Agreements in Violation of Statute
12.04: Bargains Made Illegal by Common Law
12.05: Effect of Illegality and Exceptions
12.06: Cases
12.07: Summary and Exercises
13: Form and Meeting
13.01: Chapter Summary
13.02: The Statute of Frauds
13.03: The Parol Evidence Rule
13.04: Interpretation of Agreements- Practicalities versus Legalities
13.05: Cases
13.06: Summary and Exercises
14: Third-Party Rights
14.01: Chapter Introduction
14.02: Assignment of Contract Rights
14.03: Delegation of Duties
14.04: Third-Party Beneficiaries
14.05: Cases
14.06: Summary and Exercises
15: Discharge of Obligations
15.01: Chapter Introduction
15.02: Discharge of Contract Duties
15.03: Cases
15.04: Summary and Exercises
16: Remedies
16.01: Chapter Introduction
16.02: Theory of Contract Remedies
16.03: Promisee's Interests Protected by Contract
16.04: Legal Remedies - Damages
16.05: Equitable Remedies
16.06: Limitations on Contract Remedies
16.07: Cases
16.08: Summary and Exercises
17: Products Liability
17.01: Chapter Introduction
17.02: Introduction Why Products-Liability Law Is Important
17.03: Warranties
17.04: Negligence
17.05: Strict Liability in Tort
17.06: Tort Reform
17.07: Cases
17.08: Summary and Exercises
18: Intellectual Property
18.01: Chapter Introduction
18.02: Patents
18.03: Trade Secrets
18.04: Copyright
18.05: Trademarks
18.06: Cases
18.07: Summary and Exercises
19: Insurance
19.01: Chapter Introduction
19.02: Definitions and Types of Insurance
19.03: Property Insurance Liability Insurance and Life Insurance
19.04: Insurer's Defenses
19.05: Case
19.06: Summary and Exercises
20: Relationships between Principal and Agent
20.01: Chapter Summary
20.02: Introduction to Agency and the Types of Agents
20.03: Duties between Agent and Principal
20.04: Cases
20.05: Summary and Exercises
21: Liability of Principal and Agent Termination of Agency
21.01: Chapter Summary
21.02: Principals Contract Liability
21.03: Principals Tort and Criminal Liability
21.04: Agents Personal Liability for Torts and Contracts Termination of Agency
21.05: Cases
21.06: Summary and Exercises
22: Partnerships - General Characteristics and Formation
22.01: Chapter Introduction
22.02: Introduction to Partnerships and Entity Theory
22.03: Partnership Formation
22.04: Cases
22.05: Summary and Exercises
23: Partnership Operation and Termination
23.01: Chapter Introduction
23.02: Operation - Relationship among Partners
23.03: Operation - The Partnership and Third Parties
23.04: Dissolution and Winding Down
23.05: Cases
23.06: Summary and Exercises
24: Hybrid Business Forms
24.01: Chapter Introduction
24.02: Limited Partnerships
24.03: Limited Liability Companies
24.04: Other Forms
24.05: Cases
24.06: Summary and Exercises
25: Corporation - General Characteristics and Formation
25.01: Chapter Introduction
25.02: Historical Background
25.03: Partnerships versus Corporations
25.04: The Corporate Veil - The Corporation as a Legal Entity
25.05: Classifications of Corporations
25.06: Corporate Organization
25.07: Effect of Organization
25.08: Cases
25.09: Summary and Exercises
26: Legal Aspects of Corporate Finance
26.01: Chapter Introduction
26.02: General Sources of Corporate Funds
26.03: Bonds
26.04: Types of Stock
26.05: Initial Public Offerings and Consideration for Stock
26.06: Dividends
26.07: The Winds of Change
26.08: Cases
26.09: Summary and Exercises
27: Corporate Powers and Management
27.01: Chapter Introduction
27.02: Powers of a Corporation
27.03: Rights of Shareholders
27.04: Duties and Powers of Directors and Officers
27.05: Liability of Directors and Officers
27.06: Cases
27.07: Summary and Exercises
28: Securities Regulation
28.01: Chapter Introduction
28.02: The Nature of Securities Regulation
28.03: Liability under Securities Law
28.04: Cases
28.05: Summary and Exercises
29: Corporate Expansion State and Federal Reguation of Foreign Corporations and Corporate Dissolution
29.01: Chapter Introduction
29.02: Corporate Expansion
29.03: Foreign Corporations
29.04: Dissolution
29.05: Cases
29.06: Summary and Exercises
30: Employment Law
30.01: Chapter Introduction
30.02: Federal Employment Discrimination Laws
30.03: Employment at Will
30.04: Other Employment-Related Laws
30.05: Cases
30.06: Summary and Exercises
31: Labor-Management Relations
31.01: Chapter Introduction
31.02: A Brief History of Labor Legislation
31.03: The National Labor Relations Board - Organization and Functions
31.04: Labor and Management Rights under the Federal Labor Laws
31.05: Cases
31.06: Summary and Exercises
32: Consumer Credit Transactions
32.01: Chapter Introduction
32.02: Entering into a Credit Transaction
32.03: Consumer Protection Laws and Debt Collection Practices
32.04: Cases
32.05: Summary and Exercises
33: Secured Transactions and Suretyship
33.01: Chapter Introduction
33.02: Introduction to Secured Transactions
33.03: Priorities
33.04: Rights of Creditor on Default and Disposition after Repossession
33.05: Suretyship
33.06: Cases
33.07: Summary and Exercises
34: Mortgages and Nonconsensual Liens
34.01: Chapter Introduction
34.02: Uses History and Creation of Mortgages
34.03: Priority Termination of the Mortgage and Other Methods of Using Real Estate as Security
34.04: Nonconsensual Lien
34.05: Cases
34.06: Summary and Exercises
35: Bankruptcy
35.01: Chapter Introduction
35.02: Introductin to Bankruptcy and Overview of the 2005 Bankruptcy Act
35.03: Case Administration Creditors Claims Debtors Exemptions and Dischargeable Debts Debtors Estate
35.04: Chapter 7 Liquidation
35.05: Chapter 11 and Chapter 13 Bankruptcies
35.06: Alternatives to Bankruptcy
35.07: Cases
35.08: Summary and Exercises
36: Introduction to Property- Personal Property and Fixtures
36.01: Chapter Introduction
36.02: The General Nature of Property Rights
36.03: Personality Property
36.04: Fixtures
36.05: Case
36.06: Summary and Exercises