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The Legal Environment of Business
A MANAGERIAL APPROACH: Theory to Practice

Third Edition

Sean P. Melvin
Elizabethtown College

F. E. Guerra-Pujol
University of Central Florida
THE LEGAL ENVIRONMENT OF BUSINESS: A MANAGERIAL APPROACH: THEORY TO PRACTICE,
THIRD EDITION

Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright © 2018 by McGraw-Hill
Education. All rights reserved. Printed in the United States of America. Previous editions © 2015 and 2011.
No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database
or retrieval system, without the prior written consent of McGraw-Hill Education, including, but not limited to, in
any network or other electronic storage or transmission, or broadcast for distance learning.

Some ancillaries, including electronic and print components, may not be available to customers outside the
United States.

This book is printed on acid-free paper.

1 2 3 4 5 6 7 8 9 LWI 21 20 19 18 17

ISBN 978-1-259-68620-7
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Library of Congress Cataloging-in-Publication Data

Names: Melvin, Sean P., author. | Guerra-Pujol, F. E., author.

Title: The legal environment of business : a managerial approach : theory to practice / Sean P. Melvin,
Elizabethtown College, F. E. Guerra-Pujol, University of Central Florida.
Description: Third edition. | Dubuque : McGraw-Hill Education, 2017.
Identifiers: LCCN 2016040831 | ISBN 9781259686207 (alk. paper)
Subjects: LCSH: Businesspeople—United States—Textbooks. | Commercial law—United States—Textbooks.
Classification: LCC KF390.B84 M45 2017 | DDC 346.7307—dc23
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The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a website does
not indicate an endorsement by the authors or McGraw-Hill Education, and McGraw-Hill Education does not
guarantee the accuracy of the information presented at these sites.

mheducation.com/highered
Dedication
For Joanna, Sean, and Ally—always.
S.P.M.

For Sydjia, the love of my life.

F.E.G.P.

For our students: past, present, and future.

The Authors

DEDICATION iii
 about the authors

Sean P. Melvin is an associate professor of business law at

Elizabethtown College (Pennsylvania), where he served as department
chair for eight years, won the Delta Mu Delta Outstanding Teacher of
the Year award, and received several Faculty Merit awards for teaching
and scholarship. Prior to his appointment at Elizabethtown, he was an
assistant professor of business at a large state university where he taught
in both the undergraduate and MBA programs. Before his academic
career, Professor Melvin was a corporate lawyer in a large Philadelphia-
based law firm and went on to become vice president and general
counsel at a publicly traded technology company.
Professor Melvin is the author or co-author of eight books (­including
five textbooks), has contributed scholarly and professional articles and
case studies to over two dozen publications, and is a member of the
Academy of Legal Studies in Business (ALSB). His article “Case Study
of a Coffee War” was selected as Best International Case Study at the
86th annual ALSB conference.

F. E. Guerra-Pujol is a lecturer of business law at the

University of Central Florida (UCF), a large state university located
in Orlando, where he also serves as faculty editor of the UCF
Undergraduate Research Journal. Prior to his appointment at UCF, he
was an associate professor at the Pontifical Catholic University School
of Law in Ponce, Puerto Rico, and practiced corporate and tax law with
a large Latin American law firm. Professor Guerra-Pujol received his
BA from UC Santa Barbara and his JD from Yale Law School.
Professor Guerra-Pujol has published refereed articles, book
­chapters, and other scholarly works and is a member of the Academy of
Legal Studies in Business (ALSB). He is currently writing a book titled
Alternate Legal Worlds exploring law from a science fiction perspective,
and his work has been featured on Freakonomics Radio, Hacker News,
and the website io9.

iv ABOUT THE AUTHORS

 preface
Think of this textbook as a road map that guides you through the twists and turns of
the laws that impact business entities, owners, and managers. This road map will help
you understand ways in which business owners and managers can add value to their
companies by using legal insight for business planning and for limiting liability. We
have tailored the text, examples, cases, and teaching features to the needs of business
students by providing concise explanations of law (theory) and then supplying the tools
necessary for students to apply their knowledge in the business environment (practice).

MASTERING THE MATERIAL

The first step in mastering the material is to recognize that you must internalize the
concepts presented in your courses. This requires more than a casual reading of assign-
ments. For many years, we have asked students who earned an “A” in our courses to
write a few sentences of advice to future students on how to internalize the material and
achieve a top grade in the course. We offer you some of their collective wisdom:
■ At the beginning of the course, match the syllabus with the textbook. Note the areas
that the instructor is focused on by comparing the amount of coverage between
topics. For example, if it appears from the syllabus that you will be spending sev-
eral classes on constitutional law, that is an area that will undoubtedly be assessed
(through an examination, project, etc.) and requires more intense study and review.
■ The day before a class, study the assignment as follows: (1) read the major and minor
headings in the textbook to get a general sense of what the material covers; (2) go
back and read the text carefully, using a highlighter and pencil to mark important text
and make notes in the margins; and (3) review the concept summaries, flowcharts,
and self-checks to be sure you understand the material, and put question marks next
to any concept you do not understand.
■ The day of your class, if possible, take 15 minutes before your class to review the
highlighted text, margin notes, and concept summaries.
■ During class, be sure that your text is open and that your notes are tied to any assign-
ments in the text. For example, suppose your instructor takes time to go over the
concept of jurisdiction in some detail during class, draws a flowchart on the board,
and goes over the self-check answers. This is a clear sign that jurisdiction will be
assessed in some form (most commonly through an examination or quiz). In your
notes on jurisdiction, indicate that the concept is important (and requires more
intense study) and cross-reference it with page numbers in your textbook.
■ As soon as possible after class (ideally, immediately after class but no later than that
same evening), take 15 minutes to write out 10 note cards. First, write out five of
the most important concepts covered in class that day. Second, write out five terms
(words or short phrases) that were used by the instructor during class. This will give
you a convenient and portable resource for reviewing.
Finally, we offer you the same advice for success in your course that we have offered our
own students for more than a decade: The secret is that there is no secret. No methodol-
ogy, advice, or review cards substitute for a sustained and diligent study of the material.

PREFACE v
 A NOTE TO THE INSTRUCTOR
The instructor’s materials are based on a turnkey approach that provides a comprehensive
set of course materials along with the textbook. These materials have been developed with
an eye toward minimizing instructor preparation time while still allowing the instructor to
tailor the course in a way that meets the unique needs of instructors and students alike. In
addition to the traditional supplementary materials package that includes an Instructor’s
Manual (written by the authors), test bank, and PowerPoint slides, the instructor’s version
of the textbook package is also integrated with a robust package of online content includ-
ing McGraw-Hill’s unique interactive exercises via Connect, quizzes, links to streaming
videos, case updates, sample text-specific syllabi with alternatives for a variety of class-
room circumstances, multiple formats, teaching notes, sample questions, and assignment
sheets tied to the simulation materials and the Capstone case studies.

Sean P. Melvin
F. E. Guerra-Pujol

vi PREFACE
 CHAPTER 3
The American
Judicial System,
Rev. Confirming Pages
walkthrough
Jurisdiction,
and Venue
THEORY TO PRACTICE
Beginning-of-Chapter Features Learning Objectives
Medical Instruments, Inc. (MII) required a larger ware- one did. Also, is it significant that the place of arbi-
house for its facilities. MII located a 10,000-square-foot tration would require MII to travel to California? Do After studying this chapter, students who have mastered the material will be able to:
Each chapter begins with Learning
building in New Hampshire and signed a lease with these facts give a court any reason to invalidate the
3-1 Explain the role of the judiciary in the American legal system.
Commercial Properties (CP) for one year with a right arbitration clause?
Objectives and a short3. overview that
to renew for five one-year terms upon 60 days’ notice. What cases that you studied in this chapter help to 3-2 Distinguish between federal courts and state courts.
After the first renewal, CP sent back a new lease with support your arguments in Question 2? 3-3 Identify the main duties of trial courts versus appellate courts.
provides students with
4. a map of the
substantially the same terms, except that the new lease
had a mandatory arbitration clause that required any
Assume that no arbitration clause exists in the new 3-4 Articulate how the law evolves through the adjudication of cases.
lease. What are MII’s options in pursuing damages 3-5
chapter. The Learning Objectives are
tenant to go through arbitration in CP’s home state of
California. MII signed the lease without objection. One
if CP refuses to compensate MII for the losses it has
3-6
Differentiate between subject matter jurisdiction and personal jurisdiction.
Explain original jurisdiction and how state and federal courts may have concurrent jurisdiction.
incurred?
a point-by-point checklist
5. of the skills
month after taking occupancy, MII complained that a
leak in the warehouse roof was allowing water to drip
Assume that MII files a lawsuit against CP. As part
3-7 Recognize the types of controversies over which federal courts have subject matter jurisdiction
and those in which diversity jurisdiction applies.
of its case, MII wishes to show that CP had notice
and learning goals that gives students a
into a corner of the warehouse and that MII had to
move its hardware equipment out of the warehouse
of the leak and failed to fix it for one month. What 3-8
methods of discovery would be useful to obtain this 3-9
Explain the role of long-arm statutes in determining personal jurisdiction.
Apply the minimum contacts test in both a traditional and an Internet setting.
to protect it from water damage. CP did not fix the leak
convenient study guide6. for previewing
until one month later, and MII suffered losses because
information from CP?
Suppose that CP refuses to turn over all phone
its hardware was partially destroyed by the leak. MII
and reviewing material in the chapter.
T
also had additional out-of-pocket losses related to the records and repair request forms to MII based on
the fact that the information is confidential and can- he primary role of courts is to decide cases and both the dispute itself (subject matter jurisdiction) and
expense of moving the equipment to another location.
not be disclosed in litigation. What standard will a resolve legal disputes. Court decisions may also over the parties in the case (personal jurisdiction).
1. If MII sues CP in a state trial court for the losses it court use to judge whether the information is a trade shape or create legal doctrines that impact busi- Accordingly, students will also learn:
incurred, what would CP’s likely defense be? secret and therefore not subject to disclosure? Whatness. Business owners and managers should thus know ■ The circumstances under which a court has the legal
2. Discuss the significance of the fact that the original case supports your answer? how our court system works in practice, especially
authority to decide a case (jurisdiction).
lease did not have an arbitration clause but the new since the risk of litigation is always present in the busi-
ness world.
In this chapter, students will learn: NEW
■ The appropriate location to resolve a dispute (venue).

LEGAL STRATEGY 101 ■

■
Legal Strategy 101
ROLE AND STRUCTURE
The role and structure of the American judicial system.
OF THE JUDICIARY
The function and legal authority of state and federal
courts.
Arbitration and Raiderettes The American legal system is structured around a set
“Lacy T.” is a professional dancer. After moving to
■
This new feature challenges
How the law develops through court decisions. students
of federal courts and state courts collectively known
In order for a court to render a binding decision, as the judiciary. The judiciary has two primary roles.
California from Louisiana in 2009, she spent two years
as a cheerleader for the Golden State Warriors basket- to apply their legal First,
a court must have jurisdiction or legal authority over knowledge
courts adjudicate cases.in
In itsa
adjudication role, a
ball team. In 2013, after getting married and having a
daughter, she landed a coveted job as a Raiderette, a 74 UNITstrategic
ONE | Fundamentals context. Eachof Business
of the Legal Environment chapter reinforces
cheerleader for the Oakland Raiders football team.
Lacy T. spent months training, rehearsing, and prac- the opening chapter’s Strategic Legal
ticing for her rookie season as a Raiderette, but with no
paycheck! She eventually hired a lawyer and brought
a class-action lawsuit on behalf of all the Raiderettes,
Solutions: The Big Picture by posing a
alleging the Oakland Raiders routinely break California
labor law.13 (The team withholds the last names of its
real-world legal/ethical dilemma Rev.
meL86205_ch03_074-107.indd 74
that 10/04/16 04:20 PM

Confirming Pages
cheerleaders for safety reasons; Lacy’s attorneys have
chosen to do the same.)
has a strategic dimension and offering
questions/exercises to stimulate critical
13
You can read Lacy T.’s original complaint for yourself here: http://
www.levyvinick.com/images/SKMBT_60014012209230.pdf. Oakland Raiders logo. © dean bertoncelj/Shutterstock
thinking
Although ethicists have variousand discussion.
views on how an ideal ethical organization should oper-
ate, all effective values management programs share certain common traits:
■ Management articulates a clear vision of ethics and moral integrity through all levels of
CHAPTER FOUR | Resolving Disputes: Litigation and Alternative Dispute Resolution 131 the organization.
■ Management’s vision of ethics and integrity is implemented at all levels of the decision-
making process of the organization.

meL86205_ch04_108-137.indd 131 Strategic Legal Solutions 10/04/16 04:21 PM

STRATEGIC LEGAL SOLUTIONS

Developing Codes of Ethics Examples of ethical values may include:

In keeping with the text’s new and Conduct ■ Trustworthiness: Honesty, integrity, promise-

focus on strategy, Strategic Legal PROBLEM While many organizations may have a
set of informal values and standards to which they ■
keeping, loyalty.
Respect: Autonomy, privacy, dignity, courtesy,

Solutions provides practical answers aspire to adhere (e.g., “Don’t be evil” in the case
of Google), such informal value systems may be too ■
tolerance, acceptance.
Responsibility: Accountability, pursuit of
for legal problems faced by managers vague and thus not very helpful in a practical context.
■
excellence.
Caring: Compassion, consideration, giving,
STRATEGIC SOLUTION Develop an effective code of
and business owners. Strategic Legal ethics and code of conduct for your business organi-
■
sharing, kindness.
Justice and fairness: Procedural fairness, impar-
zation. Such codes should be developed in coopera-
Solutions is structured in a problem and tion with (and not exclusively by) the organization’s
human resource manager and legal counsel. Ide- ■
tiality, consistency, equity, equality, due process.
Civic virtue and citizenship: Law abiding, com-
solution format that allows students to ally, the entire organization, not just management,
should play a role or have a say in the creation and
munity service, protection of the environment.
Codes of ethics are general guidelines to pro-
understand how a particular section’s periodic affirmation of such codes.
mote ethical decision making. Codes of conduct,
by contrast, are specific rules stating what actions
legal concepts may be used to solve real- Depending on the organization, a code of ethics
and code of conduct may be expressed in the same are prohibited in the workplace. Examples of top-
ics typically addressed by codes of conduct may
document. Here, they are examined separately.
world business problems. For a code of ethics, consider the following include policies relating to dress codes, illegal drug
use, antidiscrimination, sexual harassment, confi-
guidelines:
dentiality rules, rules against accepting personal
■ Identify the ethical values needed to comply gifts from third parties as a result of a company role
with relevant laws and regulations. or action, other conflict-of-interest rules, compli-
■ Identify the ethical values most relevant to the ance with applicable laws and regulations, not using
main activities in each area of your organization. the organization’s property for personal use, and
For example, the chief financial officer may iden- reporting illegal or questionable activity.
tify objectivity and accuracy as important values. Managers should also think beyond these tra-
ditional legalistic expectations. It is important to
■ Identify the ethical values most relevant to your identify what’s ethically sensitive in your particu-
organization’s employees and workplace. Con- lar organization as well. Codes of conduct should
sider which of these issues are ethical in nature, be integrated into the various areas of the organi-
for example, issues relating to fairness and zation, including personnel matters, such as job
honesty. descriptions and performance appraisal forms,
Identify the ethical values that might be most management-by-objectives expectations, standard
vii
■
important to your organization’s primary and WALKTHROUGH
forms, checklists, budget report format, and other
secondary stakeholders, including employees, relevant control instruments to ensure conformance
clients, customers, suppliers, lenders, and mem- with the code of conduct. An effective code of con-
bers of the local community. duct also contains examples of appropriate behavior.
 GOOD FAITH PERFORMANCE AND DISCHARGE LO 7-3
If the promises to perform in an agreement are not conditional, the duty to perform is abso- Apply the doctrines
lute. Most commonly, the parties agree on terms and the parties perform the contractual related to good
obligations in good faith in order to complete the contract. This completion is known as faith performance,
discharge of a
discharge, because both parties have now “discharged” their obligation to the other by
contract, and
performing the agreed-upon duties. Performance may also be accomplished by delivering substantial
products to an agreed-upon location (such as a warehouse). This is known as tendering performance.

walkthrough
goods (discussed in detail in Chapter 8, “Contracts for the Sale of Goods”). The law also
imposes an affirmative duty of good faith in performing obligations. In every contract, the
LO 7-4
parties have the duty of good faith and fair dealing in performance and enforce-
ment.20 Although the good faith requirement is ordinarily met by the parties’ simply per- Identify the ethical
dilemmas that a
forming their obligations completely—a situation known as perfect performance—the law
manager faces in
recognizes that there are some cases in which one party does not perform completely yet the context of good
has still acted in good faith and is entitled to enforce the remaining obligations in the con- faith performance.
tract against the other party.
Rev. Confirming Pages

BUSINESS ETHICS PERSPECTIVE Business Ethics Perspective

Good Faith and the Nuclear Condition learns that WidgetCo is able to obtain financing
Option on extremely favorable terms according to industry
standards.
The coverage of can
expires that other companies business
begin producing andethics
selling genericreflects
versions, usually at a
dramatically lower price. Unfortunately, until the generic drugs appear, many people who
Note that while the law imposes a good faith
requirement on all contracting parties, as a practi-
1. Given that the contract requires that any financ-
ing terms must be acceptable to WidgetCo, what
its increasingly
might benefit from lowerimportant place
drug prices must use other, sometimes inlesstheeffective, alterna-
tives. As owners of the patent, the pharmaceutical companies are acting legally in setting
cal matter the law may also protect those who are
ostensibly acting in good faith but may have unethi-
are Manager’s legal obligations to go through
with the transaction? Does this differ from Man-
business world.
their drug prices. In some
Nevertheless, addition
people are harmed tobyChapter
the drug company’s5, pricing
cal motives. In some contracts, the parties agree to policies. Assuming it is profitable and stable, the pharmaceutical company could adopt
a conditional clause sometimes known as a nuclear
ager’s ethical obligations?
2. Is it possible for Manager to comply with the
“Business, Societal,
a “moral minimum” and
approach by lowering its Ethical
profit margin—whichContextsmight do good for
a greater number of people—or it could instead maximize profits by maintaining high
condition, that is, a clause whereby one party may
cancel the contract completely if a condition is not good faith requirement and still avoid the con-
tract with Owner?
of Law,” the
prices, which mighttextbook features
deny relief to a part of logically
society that it otherwise could help.
Businesses are confronted with such predicaments frequently. To minimize the risk of
met to that party’s subjective satisfaction. Consider
the case in which the president of WidgetCo assigns
Manager to purchase a piece of real estate. Manager
3. Recall the discussion of ethical decision-making
models in Chapter 5, “Business, Societal, and
placed boxes with discussion questions
fines and lawsuits, companies must ensure that compliance with the law remains a prior-
ity. To maintain goodwill, attract customers and top-quality employees, and avoid adverse
enters into a contract with Owner for the sale of a
piece of commercial real estate. Manager insists
Ethical Contexts of Law.” How could these mod-
els help guide Manager’s course of action?
intended to help
consequences-based approachesstudents understand
publicity, companies must also monitor their ethical conduct. The principles-based and
discussed earlier in this chapter guide managers when they
are making business decisions. In addition, viewed from a macro perspective, businesses
that the contract contain an “acceptable financing”
clause as follows: “As a specific condition prec-
4. Assume that the president orders Manager to lie
on the loan application, thereby ensuring that any
ethical decision making in
generally follow either a moral minimum or maximizing contemporary
profits ethical philosophy.
In summary, the moral minimum theory encourages a business to “do no harm” or,
edent to WidgetCo’s obligation to close, the parties
agree that WidgetCo must obtain financing for the
financial institution will reject the loan applica-
tion. Note that lying on a bank loan application contexts.
alternatively,Business
“do the least possible Ethics
harm.” As longPerspective
as the business remains profitable,
transaction on terms and conditions acceptable to the company strives to act as ethically as possible, even at the expense of some additional
WidgetCo in WidgetCo’s sole discretion.”
is a crime. What
point?
Rev.areConfirming Pagesat that
Manager’s options
boxes cover
profits. By contrast,a wide
a company variety
that follows a maximizing
much money as possible, as long as no laws are broken.
ofprofits
topics,
theory strives to make as
After entering into the agreement with Owner,
the president notifies Manager that WidgetCo is no
5. Is this a case where using the nuclear option is
simply a good, hard-nosed business practice? including an
For example, examination
suppose that a company is building of the
a factory in practices
a city, and it knows that
the factory will produce exhaust fumes in large quantities. The Environmental Protection
longer interested in the property and that Manager Are there any circumstances you could articulate
is to use all “legal means” necessary to break the
contract with Owner. Assume that Manager also
under which Manager has no legal obligation but of AIG, Countrywide Mortgage, and oth-
Agency (EPA) has established air quality standards that the company must adhere to. After
extensive research, the company finds that it can spend $5 million to purchase and install
does have an ethical obligation to Owner?
Substantial Performance ers involved in the financial
that will not affectcrisis
most of the that
equipment that will allow it to meet the EPA required standards exactly. This approach
will reduce the pollution to a level city’s citizens, but a
small percentage of those with lung or breathing problems could experience increased
In some situations, the parties agree to terms of a contract and pursue good faith per- began in 2008.
discomfort. Through its research, the company also learns that for $8 million it can install
formance,
20
but
Restatement one ofparty
(Second) cannot
Contracts, § 205. give perfect performance. The law recognizes a party’s equipment that will far exceed the minimum standards. This will provide the cleanest and
good faith effort to substantially perform her obligations by allowing the substantial healthiest environment for the entire city, creating no impact on the city’s air quality. Either
performance to satisfy the requirements ofSEVEN
CHAPTER the agreement
| Contract and trigger the
Enforceability andother party’s
Performance 211 choice results in a legal decision by the company. If the company chooses a moral mini-
mum approach, it will spend the $8 million to do no harm, while a maximizing profits
obligation to perform. In order to prevail in a substantial performance case, the party approach will save the company $3 million but put some people at risk.
Legal/Ethical Reflection
trying to enforce the contract must show that she acted in good faith and that any devia-
tion from the required performance was not material. In this context, material refers to
meL86205_ch07_200-237.indd 211
and Discussion
some deviation from the contract that results in a substantial change in the value of the
contract or that changes a fundamental basis of the agreement. Suppose that a retailer has
10/04/16 04:23 PM LEGAL/ETHICAL REFLECTION AND DISCUSSION
contracted to purchase 500 pairs of jeans and 500 T-shirts from a clothing manufacturer. ■ Why should it matter whether the foreign com-
Made in the USA
This feature is strategically placed in parts
Despite a good faith effort, only the jeans and 400 T-shirts can be delivered. Since the
delivered jeans and T-shirts can be sold without the missing 100 T-shirts, the missing A manager for WidgetCo is approached by a
pany is subject to the same quality-control and
labor safety regulations as the current USA
of the text where the instructor may wish
T-shirts will not be material to the overall contract and the contract will be considered
substantially performed.
foreign vendor who offers to supply widgets at
a substantial discount from what his company is
supplier?
■ Why should it matter whether the lower-priced
currently paying. When determining WidgetCo’s
to have students reflect on the ethical
Note that although the doctrine of substantial performance allows a party to meet her course of action, consider both the moral mini- widgets are more (or less) likely to be faulty or
substandard?
obligations in a contract through less-than-perfect performance, the innocent party is still mum and the maximizing profits approaches to
dimension of a legal problem. It starts
entitled to collect damages to compensate for the imperfect performance. Generally, courts business ethics: ■ Why should it matter whether faulty or sub-
standard widgets could make the company’s
allow the substantially performing party to be paid the full amount of the contract price
with a short narrative and ends with a
(or other performance due) less any costs suffered. Therefore, in the example discussed
■ Why should it matter whether the lower-priced
widgets are not made in the USA?
products more dangerous to users or to the
environment?
series of questions that fundamentally ask
above, the clothing manufacturer will be paid only for the jeans and 400 T-shirts. Land-
mark Case 7.3, known as the Reading Pipe case, has been used for decades as a guidepost
students: What would you do?
for applying the doctrine of substantial performance. 144 UNIT ONE | Fundamentals of the Legal Environment of Business

Self-Checks
meL86205_ch05_138-164.indd 144 10/04/16 04:22 PM

Self-Check Substantial Performance

Which of the following constitute substantial performance?
1. Wholesaler contracts with Delicatessen to deliver 50 cases of bottled beverages
Self-Check exercises offer students an
each week in exchange for a $3,000 monthly payment. Due to heavy holiday vol-
ume, the December shipment contains only 45 cases.
opportunity to reinforce and apply the
2. The Yellow Pages agrees to publish a half-page advertisement for Local Dry material being studied in the textbook.
Cleaner in exchange for $2,000. The advertisement is published, but one digit in
the telephone number is incorrect. Students use black-letter law and cases to
3. A vegetable cannery contracts with Farmer to buy 54 units of “fancy-grade” spin-
ach, defined as “dark green in color, firm in texture, and with a leaf/stem ratio of answer short hypothetical questions on a
less than 15 percent stem.” Farmer delivers spinach with a leaf/stem ratio of 25
percent stem. specific topic. Self-Checks appear in the
4. Widower contracts with Artist to paint a portrait of his late wife. The portrait is
done on time and professionally, but the likeness, while resembling her, does not
textbook after important legal concepts
look exactly like the woman. and are always keyed to problems faced by
5. Book publisher agrees to sell and deliver certain named textbooks to a college
bookstore with delivery on July 1, eight weeks before classes are to begin. Deliv- business managers and owners. Answers to
ery occurs on July 5.
the Self-Checks are provided at the end of
Answers to this Self-Check are provided at the end of the chapter.
the chapter.

UNIT TWO viii WALKTHROUGH

| Law and Commerce
 Rev. Confirming Pages

walkthrough
test narrowly and, thus far, only to cases involving intentional injurious acts (such as
defamation).11
In Case 3.2, a federal court uses an injurious effect analysis in a defamation case filed
by a professional athlete.

Cases CASE 3.2 Clemens v. McNamee, 615 F.3d 374 (5th Cir. 2010)

FACT SUMMARY In the summer of 2007, fed- contacts as required by the long-arm statute and
The textbook uses a hybrid format to eral agents contacted Brian McNamee in connec-
tion with a federal investigation into the illegal
due process. The court held that to support personal
jurisdiction in a defamation claim, the forum must
report case law rather than including manufacture and sale of performance-enhancing
drugs in professional sports. McNamee was an ath-
be the “focal point” of the story. Although the court
acknowledged that the defamation may cause dis-
lengthy excerpts from judicial letic trainer who had worked for both the Toronto
Blue Jays and the New York Yankees baseball
tress and damage to Clemens’s reputation in Texas,
it concluded that the alleged defamatory statement

opinions. Students are provided with clubs. After authorities convinced McNamee that
they had sufficient evidence to convict him for
was inadequately directed to Texas to satisfy the
minimum-contacts requirement.
injecting athletes with anabolic steroids, McNamee
(1) a summary of the facts, (2) a decision agreed to cooperate with investigators in exchange WORDS OF THE COURT: Minimal Contacts
for immunity from prosecution. During an inter- and Injurious Effect “In support of jurisdiction,
and opinion synopsis, (3) short view with investigators, McNamee admitted that he Clemens points to the harm he suffered in Texas and
had administered steroids to all-star pitcher Roger to McNamee’s knowledge of the likelihood of such
excerpts from the actual opinion, called Clemens in both Toronto and New York. McNamee
repeated this allegation to Major League Baseball
damage in the forum. Yet under [previous case law],
Clemens has not made a prima facie showing that
“Words of the Court,” to help students investigators and to a reporter during an interview
with Sports Illustrated. In 2008, Clemens, a citizen
McNamee made statements in which Texas was the
focal point: the statements did not concern activity
understand a key point in the case, and of Texas, filed a defamation suit against McNamee,
a citizen of New York, in federal court based on
in Texas; nor were they made in Texas or directed to
Texas residents any more than residents of any state.

(4) several case questions to facilitate diversity of citizenship. The trial court dismissed
the complaint due to lack of personal jurisdiction
As such, the district court did not err in dismissing
Clemens’ suit for lack of personal jurisdiction over
over McNamee since his alleged defamatory state- McNamee.”
discussion. Students will find this format ments were made outside Texas. Clemens appealed
to the Court of Appeals. Case Questions
useful for understanding legal cases in 1. Why is due process relevant to the outcome of
SYNOPSIS OF DECISION AND OPINION The this case?
a business context. Court of Appeals for the Fifth Circuit upheld
the trial court’s ruling in favor of McNamee and 2. What is the practical implication of this decision?
affirmed the dismissal of Clemens’s defamation Does it mean that Clemens cannot bring suit for
complaint. The court rejected Clemens’s contention defamation in any court?
that jurisdiction was proper in a Texas court because 3. Focus on Critical Thinking: Why didn’t Clem-
Rev. Confirming Pages ens sue McNamee in New York? Suppose that
he suffered harm from the defamation in Texas. The
court analyzed McNamee’s contacts with Texas in McNamee claimed that he had injected Clem-
the context of the defamation claim and concluded ens with steroids in Texas. Would this admission
that McNamee did not have sufficient minimum change the outcome of this case? How?

Concept Summaries and Flowcharts

11
CONCEPT SUMMARY Jurisdiction The Court also applied the effects test in Keeton v. Hustler Magazine, 465 U.S. 770 (1984). The case
involved a libel claim filed by Kathy Keeton in federal district court in New Hampshire. Keeton chose
New Hampshire believing it to be a forum favorable to her case. Hustler’s only contact with the state was the
Federal Trial Courts State Trial Courts circulation of copies of its magazine in New Hampshire. The Supreme Court held that a “regular circulation
of magazines in the forum State is sufficient to support an assertion of jurisdiction in this case because of the
Personal
Jurisdiction
1. Residents and business
entities located in the state
1. Residents and business
entities located in the state; or
To help students with reinforcing and reviewing
potential for the injurious effect to be felt in New Hampshire.”

where the federal trial court

sits; or
2. Nonresidents owning
property in the state; or the applicationCHAPTER
of theTHREE |law in aJudicial
The American business context,
System, Jurisdiction, and Venue 89
2. Nonresidents with minimum 3. Nonresidents with minimum
contacts with the state in which
the federal trial court sits; or
contacts with the state
according to state long-arm
each major section within each chapter features a
3. Nonresidents owning property
in the state in which the federal
trial court sits; or
statute; or
4. Voluntary summary of the section. When a legal procedure
is involved, flowcharts are used to summarize the
meL86205_ch03_074-107.indd 89 10/04/16 04:20 PM
4. Voluntary
Subject Matter 1. Federal question; or State law matters (statutes,
Jurisdiction 2. United States is a party; or
3. Diversity of citizenship exists
common law, state constitutional
issues) process.
and amount in controversy
exceeds $75,000 (amount
required only in diversity cases)

Venue
While jurisdiction requires an analysis of whether a court has legal authority over a par-
ticular case, venue is a legal concept that defines the most appropriate location for the dis-
pute to be heard. Two or more courts will sometimes have jurisdiction over the very same
matter, but it might be more appropriate from a fairness perspective to hear the case in a
particular location. Many states have venue rules to determine where a case may be heard.
Typically, state statutes provide that venue in a civil case is where the defendant resides
or is headquartered, while in a criminal case the venue is ordinarily where the crime was
committed. While changes in venue for civil cases are rare, in high-profile criminal cases a
defense attorney may ask for a change of venue to help select a jury from outside the area
where the crime was committed, under the theory that the out-of-area jury will be more
impartial and less influenced by the media.
To understand how venue may be important in a business context, suppose two Florida-
based companies, Beta and Alpha, are involved in a breach of contract dispute in which
Beta sues Alpha. The transaction involves an order that took place over a website based in
Florida, and the order was shipped from Alpha’s warehouse in Georgia to Beta’s branch
office in South Carolina. Although a number of state and federal courts may have jurisdic-
tion over a dispute in this case, a Florida court may decide that Florida is the best venue for
the dispute to be litigated because both parties have their principal office located there and
assumedly it is the most convenient forum for the parties. It is likely that the witnesses and
records are in Florida as well. Note, however, that a state court cannot unilaterally declare
that venue exists in another jurisdiction. Courts apply venue statutes to determine whether
or not their court is the most appropriate venue.
In Case 3.3, a federal trial court orders a transfer of venue based on a forum selection
clause.

CHAPTER THREE | The American Judicial System, Jurisdiction, and Venue 91

WALKTHROUGH ix

meL86205_ch03_074-107.indd 91 10/04/16 04:20 PM

 walkthrough
Rev. Confirming Pages

THEORY TO PRACTICE

End-of-Chapter Features PART I PART II

Santiago Information Systems (Santiago) is a business Assume that one of Santiago’s suppliers, Parts R Us
based in Baltimore, Maryland, that purchases old com- (Parts), is headquartered in Union City, New Jersey,
Each chapter ends with several features puters, refurbishes them with new software and hardware
parts, and sells them in bulk for about half the price of a
and has been shipping Santiago parts for approximately
four years in a row. Last year, Parts sold approximately
crafted to help students review and new PC. For the past three years, Santiago has shipped
approximately 40 percent of its inventory to the same cli-
$7,000 in hardware to Santiago. In the past 10 years,
Parts R Us has shipped to businesses in Maryland,

connect the different sections of the ent. The client is the Wilmington School District (Wilm-
ington) in Wilmington, Delaware, and the school pays
New York, New Jersey, and Connecticut. Parts has also
e-mailed advertisements to potential leads in each of
approximately $80,000 to Santiago for the computers per the 50 states. Wilmington has determined that Parts
chapter by applying the material learned year. Santiago also visits each school to be sure that the provided the defective components used in the com-
computers are installed correctly and that the school dis- puter order described in Part I.
in the text in a practical way. trict is satisfied with the order. Santiago has a website that
gives contact information for the company, but the site is
1. If Wilmington decides to file suit against Parts in
Delaware, will a Delaware court have personal
only partially interactive because users can transact busi-
jurisdiction over Parts? Why or why not?
ness only by sending Santiago an e-mail via the website.
Recently, Wilmington discovered that large shipments of 2. Suppose Parts has a website where customers can

Theory to Practice: Each chapter features a hypothetical legal problem faced by a manager that is Santiago’s products were defective, and it has been unable
to come to a resolution with Santiago over the matter.
order products, pay for them via credit card, and
have them delivered via a delivery service to any

related to specific material in that chapter. The hypothetical problem

1. If Wilmington wishesis followed
to sue byor questions that con-
Santiago, what court
U.S. city. How does this affect your jurisdiction
analysis?
courts would have jurisdiction over this matter?
nect the problem to several different sections in the chapter.
2. What would be the best venue and why?
3. If Parts’s only contact with Delaware is via its web-
site, what standard should the trial court apply to

Manager’s Challenge: This feature allows students to engage inmaywriting or a group

3. If a Delaware court decides that it does not have juris-
diction, how that affect Wilmington’s decision work assignment determine whether there are minimum contacts?

on whether or not to file a lawsuit?

that sets forth a manager’s task relating to the material in the chapter. Some challenges are designed for
teams, others for individuals.
LEGAL STRATEGY 101
Key Terms: Key terms for students are boldfaced in the text and listed as a group at the end of the chap-
ter with a definition and reference to the page number in theForum chapter
Shopping where the term isclauses” firstin mentioned.
business agreements. Let’s take a look at
a real-world instance of this preventive legal strategy.
Forum shopping refers to a common strategic tactic
Case Summaries: Several brief case summaries are included, by plaintiffs inwith a heading
civil litigation. It occurs when aforstrate- each that indicates
Consider a familiar website like Facebook. With
over one billion active users, the threat of litigation
gic plaintiff selects the most favorable legal forum in
its general topic reference to the chapter and with questionswhich toabout the case summary.istheThese
initiate a lawsuit. cases are
a daunting one. But to open a Facebook account in
first place, a user must agree to Facebook’s terms
Forum shopping is often maligned and criticized,
intended to reinforce students’ knowledge of how laws apply in different fact circumstances.
but it is a common legal strategy. In fact, forum shop-
of service. (You can check out Facebook’s user agree-
ment for yourself here: https://www.facebook.com/
ping provides a good illustration of the preventive
terms.) Among the many provisions in Facebook’s user
or risk-reduction legal strategy we saw at the end of
agreement is the following forum selection clause:
Chapter 1: the proactive practice of anticipating poten-
tial legal risks to one’s business and taking preventive You will resolve any claim, cause of action or
measures to reduce or manage those risks. dispute . . . you have with us arising out of or
Rev. Confirming Pages By way of example, perhaps the single-greatest or relating to this [user agreement] or Facebook
looming legal risk that all businesses face is the threat exclusively in the U.S. District Court for the
of litigation, and a common legal strategy to address Northern District of California or a state court
this risk is the use of well-drafted “forum selection located in San Mateo County, and you agree to

100 UNIT ONE | Fundamentals of the Legal Environment of Business

Jurisdiction and Business Strategy
Improvements in technology and in product and service delivery make jurisdiction and
Legal Speak >)) Other Textbook Features
venue essential to business planning. As with all legal decisions that business owners and Jurisdiction
managers make, jurisdiction must be considered in a cost-benefit context. For example,
consider a company like Facebook, with headquarters in northern California. Facebook
An English word
derived through Key Points briefly reinforce an important
meL86205_ch03_074-107.indd 100 10/04/16 04:20 PM

now has over a billion active users all over the world. This means that Facebook could the combination of
potentially be sued in any state and in other countries as well. With so many users world- two Latin words:
juris (“of law” or
concept; Legal Implications in Cyber-
wide, what can Facebook do to ensure that any lawsuit involving a Facebook user is
litigated in northern California? For the answer to this question, keep reading. We will
explore this issue in more depth later in the chapter and, in Case 3.3, examine an actual
“of right”) and
dictio (“speaking”).
space apply traditional legal concepts in
lawsuit brought against Facebook presenting the questions raised here.
For now, consider two hypothetical companies, Ultimate Widget Corporation (UWC)
Thus, jurisdiction
refers to a court’s the context of the Internet; Legal Speak
authority to speak
and Knock Off Stores, Inc. (Knock Off). Suppose UWC, a New York company, is consid-
ering suing Knock Off, a California company, over copyright infringement. UWC manage-
the law or render a
decision in a legal
presents instant definitions of important
ment must consider not only the merits of its potential lawsuit but also the costs involved
in pursuing the suit. Specifically, UWC’s management must consider (1) the total amount
dispute.
legal terms in the margins of the text.
of the possible recovery from Knock Off; (2) the actual benefits UWC will reap from the
prevention of Knock Off’s copyright infringement; and (3) any alternate dispute resolu-
tion methods available. If Knock Off is a small company and not likely to steal any of
UWC’s customers or markets, it may not be worth the costs of litigation to sue Knock Off
in California. Pursuing the infringement action would
expose UWC to the expense of traveling to California,
hiring local counsel in California, and losing produc- KEY POINT
tive hours of managers and other witnesses who would
be required to travel to testify and be deposed for the The cost-benefit analysis involving jurisdictional
case. However, if a New York court has jurisdiction restrictions may affect the managerial decision-making
process when a company or individual contemplates
over the dispute, this fact is likely to change the dynam-
filing a lawsuit. Litigating disputes in out-of-state
ics of the cost-benefit analysis for UWC because now courts increases the costs of litigation.
the expenses of the suit are markedly lower.

Overview of Jurisdiction
LO 3-6
The origins of jurisdiction are found in the U.S. Constitution, specifically, the Due Process
Explain original
Clause of the Fifth and the Fourteenth Amendments. In essence, the Constitution prohib-
jurisdiction and
its the deprivation of a property interest (usually money damages) without a fair process. how state and
While origins of jurisdiction lie in the Constitution, appellate courts and legislatures have federal courts may
also shaped the rules used by modern courts to analyze questions of jurisdiction. have concurrent
jurisdiction.

Two-Part Analysis
Jurisdiction requires a two-part analysis: A court must have both (1) subject matter
jurisdiction and (2) personal jurisdiction (also known as in personam jurisdiction). Sub-

x
ject matter jurisdiction is the court’s authority over the dispute between the parties, while
WALKTHROUGH
personal jurisdiction is the court’s authority over the parties involved in the dispute.
For example, suppose that Abel is employed by Auto Parts Company (APC) to drive
a delivery vehicle. One morning, Abel is on a delivery and due to his lack of care (called
negligence7), he hits Cain, a pedestrian who is crossing the street in a designated public
crosswalk located directly in front of the hotel where he has been staying. Cain is severely
injured, and he considers filing a lawsuit against Abel to recover the losses he has suffered
 walkthrough Rev. Confirming Pages

Business Law Simulation Exercises BUSINESS LAW

The textbook features three business SIMULATION
law simulation exercises. In a simulation EXERCISE 1
exercise, students are provided with facts,
Restrictive Covenants in Contracts: Neurology
law, and cases related to a hypothetical Associates, LLP v. Elizabeth Blackwell, M.D.
business dispute and are assigned to
analyze the material, understand the Learning Objectives
legal and ethical issues presented, and After studying this chapter, students who have mastered the material will be able to:

then work toward a resolution. The 1. Explain the legal doctrines that govern the use of restrictive covenants.
2. Interpret and apply the rules set forth in current case law.
simulations are also excellent for review 3. Articulate a cogent argument for each party/side in the dispute.

and reinforcement because the materials 4. Negotiate a tenable solution as an alternative to a judicial forum.

involve cases directly related to one or

more topics covered in a particular unit of Chapters 6 and 7 provided you with a variety of legal
doctrines and rules governing contract formation and
■ Part 3 is an assignment sheet that will be provided
to you by your instructor to be used in conjunction
with this simulation.
the textbook. performance and then illustrated how these doctrines
and rules apply in the corporate sector context. This
simulation is designed to help you understand how
the various topics covered in the contract law chapters Part 1: Stipulated Facts
connect. By focusing on a simulated legal dispute, you 1. In May 2015, Dr. Elizabeth Blackwell (Black-
Confirming Pageswill replicate a real-world experience by applying legal
well) had earned her medical doctor degree and
doctrines and using analytical and critical-thinking completed all necessary requirements to receive
skills. This simulation is a sequential decision-making a license to practice medicine in the state of
exercise structured around a model in which the par- Longville. She specialized in neurological medi-
ticipants assume a role in managing tasks and work cine. Although she was offered professional oppor-
toward a tenable solution. tunities in several large hospitals, she pursued an
capstone case study 1 The simulation is structured in three parts:
■
Capstone Case Studies
Part 1 is a hypothetical fact pattern describing events
employment offer with Neurological Associates
(NA), LLC. NA is a two-physician practice located
COFFEE WARS: STARBUCKS V. CHARBUCKS1 leading up to a legal dispute in the hypothetical U.S. in a small town in the southwestern area of the

■
state of Longville.
Capstone case studies center on the
Part 2 is a set of two hypothetical case summaries
state of Longville and 20 miles north of Galway,
the largest city in Longville. Although the pay was

OVERVIEW AND OBJECTIVES THE BLACK BEAR MICRO ROASTERY dilemmas of actual corporations that were
from Longville appellate courts that provide a brief
set of facts, several legal points, and short excerpts
lower than that in the larger hospitals, Blackwell
wanted to be close to her family and did not wish
to engage in a practice that required the strenuous
Two years after opening their family-owned cof-
fee bean roastery, Jim and Annie Clark had become
Jim and Annie Clark were native New Englanders
who shared a passion for coffee and an entrepreneur- faced with a corporate crisis involving
from the opinion itself. While these cases are hypo-
thetical, they are based on actual cases from appel- schedules associated with larger medical providers.
accustomed to long workweeks and bootstrap financ- ial spirit. After three years of research, they launched late courts in various states and represent the view 2. NA was managed by two partners, Dr. Rich-
ing. By 1997, their Black Bear Micro Roastery was Black Bear Micro Roastery in 1995 with a mission of legal and ethical issues. They are
of the majority of state courts in the United States. ard Cohn (Cohn) and Dr. Jean Valjean (Valjean).
finally growing, and the Clarks were hopeful that creating a unique methodology for roasting gourmet
their new specialty blend, Charbucks, would give
their uniquely dark-roasted coffee bean a catchy name
coffee beans through use of advanced technology and310
the “traditional Yankee work ethic.” The company was
intended
SIMULATION to help
EXERCISE | Restrictive students
Covenants in Contracts connect several

to remember. Soon after launching the new blend,

Annie Clark received a phone call from an insistent
situated in the lakes region of New Hampshire and
targeted connoisseur coffee drinkers, primarily in the
different legal and ethical concepts in a
in-house lawyer at coffee giant Starbucks that threat-
ened the very existence of the Clarks’ company. Star-
New England area, who appreciated the micro-roastery
approach of producing small, high-quality batches of
single case study. First, students reread
bucks claimed that the Charbucks name and label
infringed on its trademark, and it demanded that the the Black Bear website, and through New England spe- concept summaries from specific chapters
coffee beans. The beans were sold via mail order, frommeL86205_ch09_274-316.indd 310 10/07/16 11:37 AM

Clarks cease the use of the name Charbucks and that

any existing products with that name be removed from
cialty stores and supermarkets. Eventually, Black Bear
also sold its products through its own retail outlet and to reinforce their knowledge of specific
supermarket shelves. But the Clarks insisted that they café in Portsmouth, New Hampshire.
had been careful to design the label with Black Bear True to their belief in the micro-roastery con- legal issues. Second, students study a
Micro Roastery logos and that the name was tied to cept and their entrepreneurial courage, the Clarks
the dark-roasting process and not to anything related
to the name Starbucks. Despite their beliefs that no
invested their life savings in the company. In order to
start the business, the couple sold many of their assets
narrative of facts of the case, dynamics
infringement had taken place, the Clarks entered into
settlement negotiations to avoid the legal costs asso-
and refinanced the mortgage on their home for extra
cash. They enlisted their teenage daughters as their
of the marketplace, and important
ciated with defending a trademark lawsuit. After the
settlement negotiations failed, Starbucks sued Black
labor force and committed to seven-day workweeks.
The family business was the centerpiece of their fam-
trends of the time. Discussion questions
Bear Micro Roastery and the stage was set for a coffee
war that pitted a multinational powerhouse against a
ily’s livelihood.
As with many start-ups, business for Black Bear was are grouped by topical subject matter
Main Street merchant. This case study emphasizes use
of legal insight and business strategy, gives context
slow and rocky at first. The price of green coffee beans
had fluctuated unexpectedly, and the 1997 Teamsters such as negligence, products liability,
for evaluating business ethics, and requires the appli- strike at United Parcel Service had eaten into profit mar-
cation of trademark law. gins. Undeterred, Jim and Annie Clark kept the company administrative agency regulation, and
going until it began to grow ever so slowly. In order to
Review Legal Concepts develop a niche in the gourmet coffee market, Black
Bear began to develop unique blends with catchy names
criminal law. Ethical decision-making
Prior to reading the case, briefly review the follow-
ing legal concepts that were covered in the textbook: that were easy to remember. This included blends such
as “Country French,” “Kenya Safari,” and “Mocha Java.”
questions are integrated into each case.
legal insight and business strategy (Chapter 1), busi-
ness, societal, and ethical contexts of law (Chapter 5), The Capstone Case Study feature also
and trademark law (Chapter 24). Think of these
areas of the law as you read the case study facts and
questions.
Charbucks
By April 1997, Black Bear had developed a loyal fol- provides a short exercise designed for
lowing from which it often solicited feedback and sug-
gestions for new products. One common theme from use as a writing assignment, small group
customers was a desire for a blend with a darker-roasted
1
An earlier version of this case study appeared in the Journal of
Legal Studies Education (29 J. Legal Stud. Educ. 27). Permission by bean that yielded a richer taste. Responding to that cus- work, or class discussion.
Sean P. Melvin. tomer demand, Black Bear developed a darker-roasted

822 CAPSTONE CASE STUDY 1 | Coffee Wars: Starbucks v. Charbucks

WALKTHROUGH xi

meL86205_cs01_822-825.indd 822 10/12/16 01:14 PM

 support materials

Instructor’s Manual
The Instructor’s Manual, developed by one of the authors, Sean P. Melvin, is designed
to be an effective course management tool and an integral part of the turnkey approach
used throughout the supplementary material package. The features and format are
intended to give instructors maximum flexibility to determine and produce high-quality
course content. The IM also has a special “Day One” section addressing important fun-
damental course decisions for instructors who are new to the course.

Test Bank
The test bank allows instructors to custom design, save, and generate tests. The test
bank includes multiple-choice, true-false, fill-in-the-blank, and essay questions for
every chapter in the text. To help instructors meet the requirements of AACSB, each
question is tagged with the corresponding chapter learning objective and applicable
AACSB categories.

TestGen
TestGen is a complete, state-of-the-art test generator and editing application software
that allows instructors to quickly and easily select test items from McGraw Hill’s test­
bank content. The instructors can then organize, edit, and customize questions and
answers to rapidly generate tests for paper or online administration. Questions can
include stylized text, symbols, graphics, and equations that are inserted directly into
questions using built-in mathematical templates. TestGen’s random generator provides
the option to display different text or calculated number values each time questions are
used. With both quick-and-simple test creation and flexible robust editing tools, Test-
Gen is a complete test generator system for today’s educators.

Assurance of Learning Ready

Many educational institutions today are focused on the notion of assurance of learn-
ing, an important element of some accreditation standards. The Legal Environment of
Business is designed specifically to support your assurance of learning initiatives with
a simple, yet powerful solution. Each test bank question for The Legal Environment of
Business maps to a specific chapter learning objective listed in the text. You can use
our test bank software, TestGen, or Connect to easily query for learning objectives that
directly relate to the learning objectives for your course. You can then use the reporting
features of TestGen to aggregate student results in similar fashion, making the collec-
tion and presentation of assurance of learning data simple and easy.

AACSB Statement
McGraw-Hill Education is a proud corporate member of AACSB International. Under-
standing the importance and value of AACSB accreditation, The Legal Environment
of Business recognizes the curricula guidelines detailed in the AACSB standards for
business accreditation by connecting selected questions in the text and the test bank to
the six general knowledge and skill guidelines in the AACSB standards. The statements
contained in The Legal Environment of Business are provided only as a guide for the

xii SUPPORT MATERIALS

 support materials
users of this textbook. The AACSB leaves content coverage and assessment within the
purview of individual schools, the mission of the school, and the faculty. While The
Legal Environment of Business and the teaching package make no claim of any specific
AACSB qualification or evaluation, we have within the text and the test bank labeled
selected questions according to the six general knowledge and skills areas.

PowerPoint Presentation
Each chapter has a PowerPoint Presentation that offers additional support by providing
detailed teaching notes, particularly for more complex topics.

Connect
Study materials are located in the Student Resources section under the Connect Library
tab. Use the site to access the chapter review quizzes, key terms, legal resources, and
additional cases for discussion, in addition to online access to the Uniform Commercial
Code and U.S. Constitution, news updates, and other resources.

SUPPORT MATERIALS xiii

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 acknowledgments

We owe a great deal of gratitude to our entire team at McGraw-Hill Education. Although
many team members worked diligently with us in developing and strengthening this book
over the course of more than a decade, we are especially grateful for the efforts of our
Third Edition team. Our Managing Director Tim Vertovec, our Executive Brand Man-
ager Kathleen Klehr, our Product Developer Jaroslaw Szymanski, and our Content Project
Manager Lori Koetters are owed special thanks for their insight in traversing the ever-
changing landscape of traditional and digital publication. David Orozco and Robert Bird
provided inspiration for the new Legal Strategy sections of this book, and Sean J. Melvin
is owed thanks for his case research contribution.
Throughout the development of each edition of this book, we have been privileged to
have the candid and valuable advice of our reviewers and focus groups. Our reviewers pro-
vided us with priceless suggestions, feedback, and constructive criticism. The depth and
sincerity of their reviews indicate that they are a devoted group of teacher-scholars. The
content of the book was greatly enhanced because of their efforts.

Hakim Adjoua Tom Collins

Columbus State Community College University of Wisconsin–Platteville
Wayne Anderson Angelo Corpora
Missouri State University Palomar College
Linda Axelrod Rebecca Davis
Metropolitan State University University of Kentucky–Lexington
David Berkowitz Glenn Doolittle
Chapman University Santa Ana College
Perry Binder Craig Ehrlich
Georgia State University Babson College
Andrea Boggio Teressa Elliott
Bryant University Northern Kentucky University
Eli Bortman Tim Fogarty
Babson College Case Western Reserve University
Michael Bryant Michael Fore
Bryant University Eastern Kentucky University
Gretchen Carroll John Geary
Owens Community College Appalachian State University
Anita Cava Wendy Gelman
University of Miami Florida International University–Miami
Robert Cherry John Gergacz
Appalachian State University University of Kansas
Tracy Cole Jeane Gohl-Noice
Arkansas Tech University Parkland College

xvi ACKNOWLEDGMENTS
Marc Hall Steven Schamber
Auburn University–Montgomery St. Louis Community College
Eloise Hassell Julie Shadoan
University of North Carolina–Greensboro Western Kentucky University
Diane Hathaway Randy Skalberg
University of Cincinnati University of Minnesota–Duluth
Arlene Hibschweiler Cheryl Staley
State University of New York–Buffalo Lake Land College
Frederick Jones Kurt Stanberry
Kennesaw State University University of Houston–Downtown
Susan Kendall Connie Strain
Arapahoe Community College Arapahoe Community College
Cheryl Kirschner Frank Sullivan
Babson College University of Nevada–Las Vagas
Stan Leasure Greg Swan
Missouri State University Chandler-Gilbert Community College
Colleen Less Keith Swim
Johnson & Wales University Texas A&M University
Christine Lewis Mary Torma
Auburn University–Montgomery Lorain County Community College
Mark Lewis Michael Vasilou
Arkansas State University DeVry University–Chicago
Janice Loutzenhiser Glen Vogel
California State University–San Hofstra University
Bernardino
Ronald Washburn
Nancy Mansfield Bryant University
Georgia State University
Mark Whitaker
Ernest Mayo Hampton University
Johnson & Wales University
Glynda White
Martha Novy-Broderick College of Southern Nevada
University of Maine
Michael Wiggins
Les Nunn Georgia Southern University
University of Southern Indiana
Susan Willey
Tom Parrish Georgia State University
Liberty University
LeVon Wilson
Steven Popejoy Georgia Southern University
University of Central Missouri
John Wrieden
Brenda Rice Florida International University–Miami
Ozarks Technical Community College
Alan Roline
University of Minnesota–Duluth

ACKNOWLEDGMENTS xvii
 changes to
this edition
The authors embrace a commitment to continuous companies) from a multidimensional perspective,
improvement of the content, case selection, features, including an award-winning case: Coffee Wars:
and approach embodied in this textbook. We are privi- Starbucks v. Charbucks; Self-Checks; Key Points;
leged to have candid review, suggestions, and guid- Theory to Practice problems; and Manager’s
ance from over 100 business law professors from a Challenge.
wide variety of colleges and universities. Much of this
third edition is based on specific feedback from our Chapter 1
reviewers and students. ■ Streamlined introductory material
■ Full Integration of Strategic Approach: Chapter 1
■ New 2015 case: U.S. v. Ulbricht (Dread Pirate
provides an overview Strategic Legal Solutions: Roberts/Silk Road)
The Big Picture and Legal Strategy 101 is featured
■ New 2016 case: Specific Performance
at the end of each chapter.
as a Remedy
■ New Coverage for Current Controversies in
■ New Key Terms
Business Ethics: Includes material on patent trolls,
Facebook’s secret psychology experiment, and ■ Replaced Equitable Maxims section with new
products liability for gun manufacturers. “Table of Maxims”
■ Streamlined and Updated Contracts Content: Three ■ New section: Strategic Legal Solutions: The
chapters converted to two chapters with new cases. Big Picture
■ Expanded Fourth Amendment Material: Warrant
requirement and exceptions including “electronic Chapter 2
searches.” ■ New case: Citizens United v. FEC
■ New Chapter Review Questions: Plus Answers and ■ New section: The Fourth Amendment
Explanations at the end of each chapter. ■ New case: U.S. v. Jones
■ New Material: Includes coverage of crowdfunding, ■ New feature: Chapter Review Questions
peer-to-peer lending, the Affordable Care Act, ■ New feature: Legal Strategy 101 (“The Strategic
Deepwater Horizon, Uber’s legal challenges, insider Legal Battle for Equality”)
trading, whistleblowers, and the Dodd-Frank Act.
■ Over 50 New Business-Centered Cases that Chapter 3
Connect with Students
■ Updated table: U.S. Supreme Court Acceptance
• EEOC v. Abercrombie (Employee head scarf)
Rate
• U.S. v. Ulbricht (Dread Pirate Roberts/Silk Road)
■ New case: Goodyear Dunlop Tires Operation v.
• NFL v. Tom Brady (Effect of binding arbitration) Brown
• Franklin v. Facebook (Forum selection) ■ New figure: Facebook’s Forum Selection Clause
• Citizens United v. FEC (First Amendment) ■ New case: Franklin v. Facebook
• Yost v. Wabash College and Phi Kappa Psi ■ New section: Internet and E-mail Jurisdiction
Fraternity (Liability for hazing)
• O’Bannon v. NCAA (Antitrust and NCAA Chapter 4
athletes) ■ Updated Litigation section
■ Popular Features Expanded and Updated: Three
■ New section on Labor Arbitration
Business Law Simulations (hypothetical disputes)
■ New case: NFL v. Brady
centered on restrictive covenants, trademarks in
cyberspace, and ADA liability; Capstone Case ■ New Key Points
Studies (legal and ethical dilemmas faced by actual ■ New Critical Thinking case questions

xviii CHANGES TO THIS EDITION

 ■ New material for Inadequate Warning
Chapter 5
■ New case: Lack of Warning
■ New Legal/Ethical Reflection and Discussion:
■ New Legal/Ethical Discussion on Products
“The Trolley Problem”
Liability and Guns
■ New subsections: “Natural Law” and
■ New End-of-Chapter case summaries
“Contract-Based Approach”
■ New Critical Thinking case questions
■ Updated Legal/Ethical Reflection and Discussion
on “The Penn State Saga”
Chapter 10
■ New Ethical Decision-Making Case Study:
“Facebook’s Secret Psychology Experiment: The ■ New material on ABC Test for Agency Status
Law & Ethics of A/B Testing” ■ New case: Employee vs. Independent Contractor
■ New Critical Thinking case questions ■ New material on Uber Controversies
■ New Critical Thinking case questions
Chapter 6 ■ Updated Strategic Legal Solutions
■ Updated material on Advertisements as Contracts ■ New 2014 case: Apparent Authority
■ Streamlined chapter by combining Overview and ■ New material on Going-and-Coming Rule
Formation ■ New 2013 case: Employer Liability for Agents
■ New case: Capacity to Contract ■ New case: Fiduciary Duty of Agents
■ New Key Point
■ New summary table Chapter 11
■ New Critical Thinking case questions ■ New case: Implied Employment Contracts
■ New Critical Thinking case questions
Chapter 7 ■ New material on Whistleblower Statutes
■ Streamlined chapter by combining Enforceability ■ New 2014 case: Whistleblower Protection
with Performance ■ New material: Affordable Care Act
■ Updated material on Anticipatory Breach ■ New material: Family Medical Leave Act (FMLA)
■ New case: Statute of Frauds ■ New 2012 case: FMLA Retaliation
■ New Key Point
■ New Self-Check Chapter 12
■ New Critical Thinking case questions ■ New material on Disparate Treatment Theory
■ New 2015 case: EEOC v. Abercrombie (Employee
Chapter 8 head scarf)
■ New Key Points ■ Expanded coverage of Sexual Harassment Claims
■ New sample form: Purchase Order ■ New 2012 case: Hostile Work Environment
■ New 2016 case: Battle of the Forms ■ New Strategic Legal Solutions: Preventing
■ New material: Statute of Frauds Harassment
■ New material and new case: Risk of Loss ■ New flow chart: Title VII Analysis
■ New Critical Thinking questions for cases ■ New material on Americans with Disabilities
Act (ADA)
Chapter 9 ■ New 2014 case: Qualified Individuals under ADA
■ New 2015 case: Defamation in Employment ■ New material on Faragher/Ellerth Defense
References
■ New material for Defenses to Defamation Chapter 13
■ New section on Assumption of Duty ■ New 2012 case: Successor Liability of Sole
■ New 2014 case: Fraternity/College Liability for Proprietor
Hazing ■ New material on Partnership at Will
■ Updated Legal Implications in Cyberspace ■ New 2013 case: Wrong Dissociation of a Partner

CHANGES TO THIS EDITION xix

Another Random Scribd Document
with Unrelated Content
 Mathematics - Lecture Notes
First 2024 - Program

Prepared by: Lecturer Garcia

Date: July 28, 2025

Part 1: Experimental procedures and results

Learning Objective 1: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 2: Research findings and conclusions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 3: Fundamental concepts and principles
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 4: Learning outcomes and objectives
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 5: Theoretical framework and methodology
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 5: Diagram/Chart/Graph]
Key Concept: Ethical considerations and implications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Key terms and definitions
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Theoretical framework and methodology
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Note: Theoretical framework and methodology
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Assessment criteria and rubrics
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Conclusion 2: Experimental procedures and results
Important: Current trends and future directions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 11: Diagram/Chart/Graph]
Key Concept: Experimental procedures and results
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Fundamental concepts and principles
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Historical development and evolution
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Interdisciplinary approaches
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 15: Diagram/Chart/Graph]
Practice Problem 15: Historical development and evolution
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 16: Assessment criteria and rubrics
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 17: Diagram/Chart/Graph]
Note: Study tips and learning strategies
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 19: Diagram/Chart/Graph]
Definition: Ethical considerations and implications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Results 3: Interdisciplinary approaches
Definition: Interdisciplinary approaches
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 21: Literature review and discussion
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Comparative analysis and synthesis
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Key Concept: Comparative analysis and synthesis
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Best practices and recommendations
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 25: Historical development and evolution
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 26: Ethical considerations and implications
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Comparative analysis and synthesis
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Research findings and conclusions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Learning outcomes and objectives
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Review 4: Theoretical framework and methodology
Example 30: Learning outcomes and objectives
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Assessment criteria and rubrics
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Ethical considerations and implications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Best practices and recommendations
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Problem-solving strategies and techniques
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 36: Diagram/Chart/Graph]
Note: Current trends and future directions
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Fundamental concepts and principles
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Theoretical framework and methodology
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 39: Diagram/Chart/Graph]
Note: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Methodology 5: Current trends and future directions
Key Concept: Assessment criteria and rubrics
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 41: Current trends and future directions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Theoretical framework and methodology
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 43: Best practices and recommendations
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Assessment criteria and rubrics
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Literature review and discussion
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 47: Diagram/Chart/Graph]
Important: Problem-solving strategies and techniques
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 48: Diagram/Chart/Graph]
Key Concept: Historical development and evolution
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 49: Diagram/Chart/Graph]
Key Concept: Historical development and evolution
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Review 6: Learning outcomes and objectives
Practice Problem 50: Historical development and evolution
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 51: Problem-solving strategies and techniques
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 52: Historical development and evolution
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Research findings and conclusions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Literature review and discussion
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 56: Research findings and conclusions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Case studies and real-world applications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Problem-solving strategies and techniques
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Current trends and future directions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
References 7: Fundamental concepts and principles
Important: Assessment criteria and rubrics
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 61: Diagram/Chart/Graph]
Practice Problem 61: Experimental procedures and results
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 62: Case studies and real-world applications
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 64: Diagram/Chart/Graph]
Example 64: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 65: Current trends and future directions
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 66: Diagram/Chart/Graph]
Practice Problem 66: Fundamental concepts and principles
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 68: Literature review and discussion
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 69: Diagram/Chart/Graph]
Note: Historical development and evolution
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Module 8: Learning outcomes and objectives
Example 70: Comparative analysis and synthesis
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Interdisciplinary approaches
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Learning outcomes and objectives
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 74: Case studies and real-world applications
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 75: Diagram/Chart/Graph]
Key Concept: Theoretical framework and methodology
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Ethical considerations and implications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Interdisciplinary approaches
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Practical applications and examples
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Experimental procedures and results
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 80: Diagram/Chart/Graph]
Appendix 9: Current trends and future directions
Example 80: Theoretical framework and methodology
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Study tips and learning strategies
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Statistical analysis and interpretation
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 83: Problem-solving strategies and techniques
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 84: Diagram/Chart/Graph]
Definition: Best practices and recommendations
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Fundamental concepts and principles
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Practical applications and examples
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 87: Best practices and recommendations
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 88: Diagram/Chart/Graph]
Remember: Problem-solving strategies and techniques
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 89: Theoretical framework and methodology
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Test 10: Theoretical framework and methodology
Definition: Experimental procedures and results
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Problem-solving strategies and techniques
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Study tips and learning strategies
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Assessment criteria and rubrics
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Definition: Theoretical framework and methodology
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 95: Diagram/Chart/Graph]
Important: Key terms and definitions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 96: Diagram/Chart/Graph]
Remember: Assessment criteria and rubrics
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 97: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 98: Historical development and evolution
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Learning outcomes and objectives
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
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