(eBook PDF) The Legal Environment of Business, A

Managerial Approach: Theory to Practice 4th

Edition pdf download
https://ebookluna.com/product/ebook-pdf-the-legal-environment-of-business-a-managerial-approach-
theory-to-practice-4th-edition/

★★★★★ 4.7/5.0 (28 reviews) ✓ 72 downloads ■ TOP RATED

"Amazing book, clear text and perfect formatting!" - John R.

DOWNLOAD EBOOK
 (eBook PDF) The Legal Environment of Business, A Managerial
Approach: Theory to Practice 4th Edition pdf download

TEXTBOOK EBOOK EBOOK LUNA

Available Formats

■ PDF eBook Study Guide TextBook

EXCLUSIVE 2025 EDUCATIONAL COLLECTION - LIMITED TIME

INSTANT DOWNLOAD VIEW LIBRARY

 We believe these products will be a great fit for you. Click
the link to download now, or visit ebookluna.com
to discover even more!

The Legal Environment of Business, a Managerial Approach: Theory to

Practice 3rd Edition Sean P Melvin - eBook PDF

https://ebookluna.com/download/the-legal-environment-of-business-a-
managerial-approach-theory-to-practice-ebook-pdf/

(eBook PDF) The Legal Environment of Business 13th Edition

https://ebookluna.com/product/ebook-pdf-the-legal-environment-of-
business-13th-edition/

The Legal and Regulatory Environment of Business - eBook PDF

https://ebookluna.com/download/the-legal-and-regulatory-environment-of-
business-ebook-pdf-2/

(eBook PDF) The Legal and Regulatory Environment of Business 18th Edition

https://ebookluna.com/product/ebook-pdf-the-legal-and-regulatory-
environment-of-business-18th-edition/
(eBook PDF) The Legal and Regulatory Environment of Business 17th Edition

https://ebookluna.com/product/ebook-pdf-the-legal-and-regulatory-
environment-of-business-17th-edition/

Essentials of Business Law and the Legal Environment 13th Edition Richard
A. Mann - eBook PDF

https://ebookluna.com/download/essentials-of-business-law-and-the-legal-
environment-ebook-pdf/

(eBook PDF) Business Intelligence A Managerial Approach, 4th Global Edition

https://ebookluna.com/product/ebook-pdf-business-intelligence-a-managerial-
approach-4th-global-edition/

(eBook PDF) The Legal Environment of Business: Text and Cases 11th Edition

https://ebookluna.com/product/ebook-pdf-the-legal-environment-of-business-
text-and-cases-11th-edition/

(eBook PDF) The Legal Environment of Business Text and Cases 10th Edition

https://ebookluna.com/product/ebook-pdf-the-legal-environment-of-business-
text-and-cases-10th-edition/
 Final PDF to printer

The Legal Environment of Business

A Managerial Approach: Theory to Practice

Fourth Edition

©philsajonesen/Getty Images

Sean P. Melvin
Elizabethtown College

F. E. Guerra-Pujol
University of Central Florida

meL47805_fm_i-xxxiv.indd i 11/28/19 03:57 PM

 Final PDF to printer

■ New material on Clean Air Act

Chapter 23
■ Updated Deepwater Horizon (BP) Oil Spill
■ Revised Introduction and Learning Objectives
■ Added Critical Thinking questions to cases
■ New section on Types of Property Rights

Chapter 19 ■ Revised Eminent Domain section

■ New Key Term (transaction costs)
■ Updated Monopoly Power and Rule of Reason
■ New Case: Jackson v. Wyndham Destinations, Inc.
■ Updated “Search Bias” Investigation against Google
(2019)
■ Updated Antitrust and Sports section
■ New Case: Casino Reinvestment Development
■ New Critical Thinking case questions Authority v. Birnbaum (2019)
■ Updated Legal Strategy 101
Chapter 24
Chapter 20 ■ Revised Introduction and Learning Objectives
■ Updated Bankruptcy Guidelines/Amounts
■ Revised Trade Secrets section
■ Updated material on Bad Faith Filings
■ New Case: IBM v. Johnson (2009)
■ Updated material on Power of Trustees
■ Revised Trademarks section
■ Updated Preferential Transfers
■ New Case: Elliott v. Google, Inc. (2017)
■ New Critical Thinking case questions
■ New question for Business Ethics Perspective
■ Updated Legal Strategy 101 feature
■ Updated First Amendment Concerns section
Chapter 21 ■ Extended discussion of SCOTUS case Matal v.
■ Updated coverage of Warranties Tam (2017)
■ Updated section on CFBP ■ New developments in the Washington Redskins
■ Updated section on Credit Transactions trademark case
■ Added Key Points ■ Revised Copyright Law section
■ Updated Self-Check questions ■ New Criminal Sanctions for Infringement
■ Added Critical Thinking questions to cases section
■ Updated Legal Strategy 101 ■ Revised Defenses to Copyright Infringement
Claims section
Chapter 22 ■ Added reference to Google’s PageRank Patent
■ New Case: Rentmeester v. Nike (2019)
■ Revised section on the Park Doctrine
■ New Case: ConnectU v. Zuckerberg (2008)
■ Updated Fourth Amendment and the Impact of
Technology on Warrants Requirements
■ Updated Fourth Amendment summary table Chapter 25
■ New Case: United States v. DeCoster (2016) ■ Updated section on Comity
■ Updated Criminal Law and Business Entities ■ Updated “Foreign Official” and the FCPA
■ Updated Criminal Procedure ■ Updated Enforcing Intellectual Property Rights
■ Updated Business Ethics feature: Enforcement of ■ Updated section on World Court and European
Insider Trading Laws Court of Justice

viii CHANGES TO THIS EDITION

meL47805_fm_i-xxxiv.indd viii 11/28/19 03:57 PM

 Final PDF to printer

walkthrough
©philsajonesen/Getty Images

NEW CONNECT’S APPLICATION-BASED ACTIVITIES Rev. Confirming Pages

New for the 4th edition are Application-Based Activities for Business Law. This digital fea-
ture provides students valuable practice using problem-solving skills to apply their knowl-
edge to realistic scenarios. Students progress from understanding basic concepts to using
their knowledge to analyzeCHAPTER
complex 1scenarios and solve problems. Application-Based
Legal
Confirming Pages
Activities have been developed for the most-often-taught topics (as ranked by instructors)
in the business law course. These unique activities are assignable and auto-gradable in
Connect. Foundations TABLE 5.1 Challenges and Realities in Business Ethics

Challenge Reality
©philsajonesen/Getty Images
Business ethics is unnecessary The value of a code of ethics to an organization is its priority and focus with respect
because it asserts the obvious: to certain ethical values in the company. Dishonesty takes a variety of forms. If an

Learning Objectives
Act ethically.
Chapter Features organization is confronting varying degrees of dishonesty (including more common
examples such as office supply theft) or deceit in the workplace, a priority on honesty
is very timely—and honesty should be listed in that organization’s code of ethics.
After studying this chapter, students who have mastered the material will be able to:
Each chapter begins with Learning
Complying with the law is an While the law may operate as a baseline for ethical decision making, unethical acts
organization’s sole guide for may operate within the limits of the law (e.g., withholding information from superiors,
1-1 Understand the broad definition and origins of law. ethical conduct. casting revenue in favorable terms with a dubious basis for the projection, and spread-
1-2
1-3
List and explain the purposes of the law.
Explain the importance and benefits of legal awareness for business owners and managers in
Objectives and a short overview that
ing rumors). Illegal conduct sometimes has its genesis in unethical behavior that has
gone unnoticed.

1-4
creating a strategy and adding value to a company.
Articulate the role of counsel in legal decision making in a business context.
Ethics can’t be managed.
provides students with a map of the
Management inherently incorporates a value system. Strategic priorities (maximizing
profit, expanding market share, cutting costs, etc.) can be very strong influences
on ethical decision making. Workplace regulations and rules directly influence
1-5 Recognize, explain, and give examples of sources of American law. chapter. The Learning Objectives are a
behaviors in a manner that improves the general good and/or minimizes potential
harm to stakeholders.

point-by-point checklist of the skills and

1-6 Understand the legal doctrine of stare decisis.
Ethics is about philosophy and Business ethics is a management discipline with a programmatic approach that includes
1-7 Classify the law into several broad categories. has little to do with the day-to-day several practical tools. Ethics management programs have practical applications in other
1-8
1-9
Differentiate between the concepts of law and equity.
Identify and apply important equitable maxims.
learning goals that gives students a
realities of running a business.

Business ethics cannot be taught.

areas of management as well.

Altering people’s values isn’t the objective of an organizational ethics program. Managing

convenient study guide for previewing

It is religion and not management. values and conflict among them is the primary objective.

■
and reviewing material in the chapter.
The reward systems, policies, and practices of the organization are aligned with man-

U
agement’s vision of ethics and integrity.
ndertaking the study of law may seem over- Applying this knowledge allows managers to limit
■ Above all, responsibility is seen as individual rather than collective in that individuals
whelming. Legal doctrines and rules can be risk and incorporate the law into their business strate-
are encouraged to assume personal responsibility for the actions and decisions of the
complex and difficult to navigate. Yet the law gies. This chapter introduces students to the founda-
organization.
impacts many facets of our daily life both at home and tions of the law and explains why the application of
at work. This textbook is designed to make studying legal doctrines is an important part of the business

Strategic Legal Solutions

the law more manageable by examining legal issues
that are most commonly encountered in the business
environment. Specifically, in this chapter students
will learn STRATEGIC LEGAL SOLUTIONS
environment. In fact, studies have shown that business
■ How legal issues impact business planning and
Developing Codes of Ethics and
Strategic Legal Solutions provides practi-
owners and managers who have a high level of legal management, should play a role or have a say in
strategy.
insight create value for their business and recognize Conduct
The foundations, definitions, and scope of various
■
the creation and periodic affirmation of such codes.
legal challenges as business planning opportunities.
cal answers for legal problems
This legal awareness may be gained only by under-
standing important legal doctrines and processes.
faced
Categories of law.
■
by
primary and secondary sources of law. PROBLEM:
While many organizations may have a
set of informal values and standards to which they
Depending on the organization, a code of ethics
and code of conduct may be expressed in the same

managers and business owners. Strategic aspire to adhere, such informal value systems may document. Here, they are examined separately.
be too vague and thus not very helpful in a practical For a code of ethics, consider the following
guidelines:
Legal Solutions is structured in a problem context.
STRATEGIC SOLUTION:
Develop an effective Identify the ethical values needed to comply
■

2
and solution format that allows
UNIT ONE | Fundamentals of the Legal Environment of Business
students code of ethics and code of conduct for your busi-
ness organization. Such codes should be developed
with relevant laws and regulations.
Identify the ethical values most relevant to the
■

to understand how a particular section’s in cooperation with (and not exclusively by) the
organization’s human resource manager and legal
main activities in each area of your organization.
For example, the chief financial officer may iden-

legal concepts may be used to solve real- counsel. Ideally, the entire organization, not just tify objectivity and accuracy as important values.

meL47805_ch01_001-039.indd world business problems.

2 10/24/19 01:02 PM
CHAPTER FIVE | Business Ethics, Corporate Social Responsibility, and Law 149

meL47805_ch05_140-168.indd 149 10/29/19 09:53 AM

WALKTHROUGH ix

meL47805_fm_i-xxxiv.indd ix 11/28/19 03:57 PM

 Confirming Pages
Final PDF to printer

GOOD FAITH PERFORMANCE AND DISCHARGE LO 7-3

If the promises to perform in an agreement are not conditional, the duty to perform is Apply the doctrines
absolute. Most commonly, the parties agree on terms and the parties perform the contrac- related to good
tual obligations in good faith in order to complete the contract. This completion is known faith performance,
discharge of a
as 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,
LO 7-4 Confirming Pages
the parties have the duty of good faith and fair dealing in performance and enforcement.20
Although the good faith requirement is ordinarily met by the parties’ simply performing Identify the ethical
their obligations completely—a situation known as perfect performance—the law recog- dilemmas that a
manager faces in
nizes that there are some cases in which one party does not perform completely yet has the context of good
still acted in good faith and is entitled to enforce the remaining obligations in the contract faith performance.
against the other party.
might benefit from lower drug prices must use other, sometimes less ©philsajonesen/Getty
effective, alterna- Images
tives. As owners of the patent, the pharmaceutical companies are acting legally in setting

Business Ethics Perspective

their drug prices. Nevertheless, some people are harmed by the drug company’s pricing
BUSINESS ETHICS PERSPECTIVE policies. Assuming it is profitable and stable, the pharmaceutical company could adopt
a “moral minimum” approach by lowering its profit margin—which might do good for
a greater number of people—or it could instead maximize profits by maintaining high
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 business ethics
prices, which might deny relief to a part of society that it otherwise could help.
Businesses are confronted with such predicaments frequently. To minimize the risk of
Note that while the law imposes a good faith require-
ment on all contracting parties, as a practical matter 1. Given that the contract requires that any financ- reflects its increasingly important place
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

in the business world. In addition to

the law may also protect those who are ostensibly ing terms must be acceptable to WidgetCo, what publicity, companies must also monitor their ethical conduct. The principles-based and
acting in good faith but may have unethical motives. are Manager’s legal obligations to go through consequences-based approaches discussed later in this chapter guide managers when they

Chapter 5, “Business Ethics, Corporate

In some contracts, the parties agree to a conditional with the transaction? Does this differ from Man- are making business decisions. In addition, viewed from a macro perspective, businesses
clause sometimes known as a nuclear condition, ager’s ethical obligations? generally follow either a moral minimum or maximizing profits ethical philosophy.

Social Responsibility, and Law,” the

that is, a clause whereby one party may cancel the 2. Is it possible for Manager to comply with the In summary, the moral minimum theory encourages a business to “do no harm” or,
contract completely if a condition is not met to that good faith requirement and still avoid the con- alternatively, “do the least possible harm.” As long as the business remains profitable,
party’s subjective satisfaction. Consider the case in the company strives to act as ethically as possible, even at the expense of some additional
textbook features logically placed
tract with Owner?
which the president of WidgetCo assigns Manager 3. Recall the discussion of ethical decision-making profits. By contrast, a company that follows a maximizing profits theory strives to make as
to purchase a piece of real estate. Manager enters much money as possible, as long as no laws are broken.
boxes with discussion questions
models in Chapter 5, “Business Ethics, Corporate
into a contract with Owner for the sale of a piece Social Responsibility, and Law.” How could these For example, suppose that a company is building a factory in a city, and it knows that
of commercial real estate. Manager insists that the models help guide Manager’s course of action? the factory will produce exhaust fumes in large quantities. The Environmental Protection
contract contain an “acceptable financing” clause as
follows: “As a specific condition precedent to Wid- 4. Assume that the president orders Manager to lie intended to help students understand
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
ethical decision making in contempo-
getCo’s obligation to close, the parties agree that on the loan application, thereby ensuring that any
equipment that will allow it to meet the EPA required standards exactly. This approach
WidgetCo must obtain financing for the transaction financial institution will reject the loan applica-
will reduce the pollution to a level that will not affect most of the city’s citizens, but a
tion. Note that lying on a bank loan application is
on terms and conditions acceptable to WidgetCo in
WidgetCo’s sole discretion.” a crime. What are Manager’s options at that point? rary contexts.
small percentage of those with lung or breathing problems could experience increased
discomfort. Through its research, the company also learns that for $8 million it can install
After entering into the agreement with Owner, 5. Is this a case where using the nuclear option is equipment that will far exceed the minimum standards. This will provide the cleanest and
the president notifies Manager that WidgetCo is no simply a good, hard-nosed business practice? healthiest environment for the entire city, creating no impact on the city’s air quality. Either
longer interested in the property and that Manager Are there any circumstances you could articulate choice results in a legal decision by the company. If the company chooses a moral mini-
is to use all “legal means” necessary to break the under which Manager has no legal obligation but mum approach, it will spend the $8 million to do no harm, while a maximizing profits
contract with Owner. Assume that Manager also does have an ethical obligation to Owner? approach will save the company $3 million but put some people at risk.

20
Legal/Ethical Reflection LEGAL/ETHICAL REFLECTION AND DISCUSSION

and Discussion
Restatement (Second) of Contracts § 205.

Made in the USA ■ Why should it matter whether the foreign company
|
CHAPTER SEVEN Contract Enforceability and Performance 217 is subject to the same quality-control and labor
A manager for WidgetCo is approached by a foreign safety regulations as the current USA supplier?
This feature is strategically placed in
vendor who offers to supply widgets at a substan-
■ Why should it matter whether the lower-priced
tial discount from what his company is currently
widgets are more (or less) likely to be faulty or
parts of the text where the instructor
paying. When determining WidgetCo’s course of
action, consider both the moral minimum and the substandard?
maximizing profits approaches to business ethics: ■ Why should it matter whether faulty or sub-

may wish to have students reflect on

meL47805_ch07_206-245.indd 217 10/29/19 09:58 AM

standard widgets could make the company’s

Why should it matter whether the lower-priced ■
products more dangerous to users or to the
the ethical dimension of a legal widgets are not made in the USA? environment?

problem. It starts with a short narrative In Case 5.1, General Motors is sued for closing one of its plants in Michigan, a business
and ends with a series of questions decision that was detrimental to some of its employees and to the community where the
plant was located.
that fundamentally ask students: What Rev. Confirming Pages
CHAPTER FIVE | Business Ethics, Corporate Social Responsibility, and Law 143
would you do?

In Case 3.2, a federal court uses an injurious effect analysis in a defamation case filed meL47805_ch05_140-168.indd 143 10/29/19 09:53 AM
by a professional athlete.

CASE 3.2 Clemens v. McNamee, 615 F.3d 374 (5th Cir. 2010) Cases
The textbook uses a hybrid format to
FACT SUMMARY In the summer of 2007, fed- contacts as required by the long-arm statute and
eral agents contacted Brian McNamee in connec- due process. The court held that to support personal
jurisdiction in a defamation claim, the forum must
report case law rather than including
tion with a federal investigation into the illegal
manufacture and sale of performance-enhancing be the “focal point” of the story. Although the court
drugs in professional sports. McNamee was an ath- acknowledged that the defamation may cause dis-
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
lengthy excerpts from judicial opinions.
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.
Students are provided with (1) a summary
injecting athletes with anabolic steroids, McNamee
agreed to cooperate with investigators in exchange WORDS OF THE COURT: Minimal Contacts of the facts; (2) a decision and opinion
for immunity from prosecution. During an inter-
view with investigators, McNamee admitted that he
and Injurious Effect “In support of jurisdiction,
Clemens points to the harm he suffered in Texas and synopsis; (3) short excerpts from the
actual opinion, called “Words of the
had administered steroids to all-star pitcher Roger to McNamee’s knowledge of the likelihood of such
Clemens in both Toronto and New York. McNamee damage in the forum. Yet under [previous case law],
Clemens has not made a prima facie showing that
Court,” to help students understand a
repeated this allegation to Major League Baseball
investigators and to a reporter during an interview McNamee made statements in which Texas was the
with Sports Illustrated. In 2008, Clemens, a citizen focal point: the statements did not concern activity
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.
key point in the case; and (4) several
diversity of citizenship. The trial court dismissed
the complaint due to lack of personal jurisdic-
As such, the district court did not err in dismissing
Clemens’ suit for lack of personal jurisdiction over
case questions to facilitate discussion.
tion over McNamee because his alleged defama-
tory statements were made outside Texas. Clemens
McNamee.”
Students will find this format useful for
appealed to the Court of Appeals. Case Questions
1. Why is due process relevant to the outcome of
understanding legal cases in a business
context.
SYNOPSIS OF DECISION AND OPINION The this case?
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 deci-
affirmed the dismissal of Clemens’s defamation sion? Does it mean that Clemens cannot bring
complaint. The court rejected Clemens’s contention suit for defamation in any court?

x WALKTHROUGH
that jurisdiction was proper in a Texas court because
he suffered harm from the defamation in Texas. The
3. Focus on Critical Thinking: Why didn’t Clem-
ens sue McNamee in New York? Suppose that
court analyzed McNamee’s contacts with Texas in McNamee claimed that he had injected Clemens
the context of the defamation claim and concluded with steroids in Texas. Would this admission
that McNamee did not have sufficient minimum change the outcome of this case? How?

Physical Presence The physical presence of an out-of-state party in a particular

state is generally an automatic basis for jurisdiction over the defendant by both that state’s
courts and federal trial courts within that state. In a business context, physical presence
may include having an office, agent, or personnel (such as a sales team) located within the
meL47805_fm_i-xxxiv.indd
court’s jurisdiction. x 11/28/19 03:57 PM
Many states have also passed specific statutes that give state courts personal jurisdic-
tion over out-of-state residents who operate motor vehicles within the state for the narrow
 Final PDF to printer
In South Dakota v. Dole,10
spending conditions on federal highway funds distributed to the states for repairing and build-
ing highways. Specifically, Congress had conditioned its transportation spending to a state’s
legal drinking age.11 Unless a state passed a law to raise the legal drinking age to 21 by a cer-
tain date, it would lose 5 percent of its allotted highway funding from the federal government.
South Dakota and other states challenged the law as an unconstitutional intrusion by
Congress into state affairs. The Court, however, sided with Congress, ruling that the
drinking-age condition is constitutionally permissible under Congress’s spending authority
so long as the condition itself is not a violation of individual constitutional rights.
In upholding the federal law, the Court announced a four-part test for evaluating the consti-

walkthrough
tutionality of conditions attached to federal spending programs: (1) the spending power must
be exercised in pursuit
Rev. Confirming of the general welfare, (2) grant conditions must be clearly stated,
Pages
(3) the conditions must be related to a federal interest in the national program or project, and
(4) the spending power cannot be used to induce states to do things that would themselves be
unconstitutional. This case signaled an important victory for Congress, which now regularly
©philsajonesen/Getty Images uses spending conditions as a form of regulation for individuals and businesses.
The effects test originated in the case of Calder v. Jones.21 Recall that Calder involved
Self-Checks
a lawsuit for defamation. Specifically, the U.S. Supreme Court ruled that a California court
had personal jurisdiction over the National Enquirer, a Florida corporation, in a defama- Self-Check Source of Constitutional Authority
tion case filed by Shirley Jones, an actress who lived in California. Despite the fact that the
Self-Check exercises offer students an
Enquirer had no physical presence in California, the Court reasoned that jurisdiction was What is the constitutional source of authority for each of the following laws?
proper because the Enquirer knew or should have known that its defamatory article would 1. A federal statute that makes it more difficult for businesses to qualify for protection
opportunity to reinforce and apply the mate-
have an injurious effect on the actress in California, where she lived and worked. under bankruptcy laws.
rial being studied in the textbook. Students
Regardless of whether a particular jurisdiction follows the Zippo sliding-scale test, the
Calder effects test, or an all-purpose totality test, in all cases courts will carefully con- 2. An increase in the federal corporate income tax.
sider any facts demonstrating how a website or e-mail/text message targets a particular 3. A federal statute that adds criminal penalties for patent infringement.
use black-letter law and cases to answer
forum. For instance, do the websites under consideration list specific jurisdictions where 4. A federal statute creating an agency to regulate ground shipping between states.
short hypothetical questions on a specific
shipments will or will not be made? Does the website contain an end-user agreement that 5. A federal statute that requires that 25 percent of federal government construction
designates certain jurisdictions for legal actions? Is a specific mailing address or area code contracts be awarded to companies that are women- or minority-owned enterprises.
topic. Self-Checks appear in the textbook
listed on the website or e-mail?
Jurisdictionally savvy business owners and managers should thus keep abreast of case Answers to this Self-Check are provided at the end of the chapter.
after important legal concepts and are always
law developments and consider conducting a strategic self-study or “self-audit” to deter-

keyed to problems faced by business manag-

mine where their online business transactions occur nationwide under the various legal
tests. A strategic self-audit could prove helpful in predetermining jurisdictions where one’s
ers and owners. Answers to the Self-Checks
business is likely to be hauled into court.
Finally, although there is a circuit split regarding which test to apply, two facts remain
CONCEPT SUMMARY Structure and Nature of the Constitution:
are provided at the end of the chapter.
clear: We should expect more and more cases involving wrongs committed over the Inter-
net, and as these cases are decided and trickle upwards toward the U.S. Supreme Court, the Federal Powers
law in this area will continue to develop.

Concept Summaries and

Under the federal system used by the United States, the federal government has
■
only limited powers to regulate individuals and businesses.
CONCEPT SUMMARY Internet and E-mail Jurisdiction ■
Flowcharts
These federal powers are specifically enumerated in the Constitution and are sup-
posed to be limited in scope.
■Lower federal courts have applied different tests to determine whether online (continued)
activities can generate sufficient “minimum contacts” for personal jurisdiction
purposes, such as the Zippo sliding-scale test and the Calder effects test.
To help students with reinforcing and
■ Under the Zippo sliding-scale test, there are minimum contacts when a defendant 10
483 U.S. 203 (1987). reviewing the application of the law in
actively and repeatedly conducts business over the Internet,Rev. while there are Pagesno
a business context, each major section
Confirming 11
At that time, 19 states permitted consumption of some or all alcoholic beverages before the age of 21.
minimum contacts when a defendant merely posts information on a website that
anyone can access. In the middle of this sliding scale, however, courts must con-
sider the level and nature of the exchange of information on a case-by-case basis within each chapter features a summary
CHAPTER TWO | Business and the Constitution 53
Fraudulent
to determine whether there are minimum contacts.
Misrepresentation
■ Under the “effects test,” the minimum contacts requirement is satisfied if it is
of the section. When a legal procedure
KEY POINT
Recall the discussion
reasonably of foreseeable
misrepresentation and defendant’s actions could have an injurious effect
that the
fraudulent misrepresentation in Chapter 7, “Contract Fraudulent misrepresentation (in both contracts and
is involved, flowcharts are used to sum-
on a resident of the court’s state.
Enforceability and Performance.” It is important to
note that there are some important overlapping legal
torts) must center on a material fact; that is, a fact that
is significant or would impact the parties’ rights or marize the process. Rev. Confirming Pages
principles of tort and contract law. For example, in obligations in a transaction as opposed to a minor and meL47805_ch02_040-075.indd 53 10/24/19 12:21 PM
some cases contract law allows a contract to be can- inconsequential detail.
celed if one party has made false representations
Self-Check
concerning a material Zippo
fact. This means thatStandard
the mis-
LO 9-5
Other Textbook Features
represented fact
Formust
the involve an important
following, aspectwhether
determine of the basis
theof court
the contract,
would such as a personal jurisdiction
have
change in the value of the contract or an increase in one party’s risk. Fraudulent misrep- Identify the
KEY POINT Language of the Law
under the Zippo standard.
resentation (sometimes referred to simply as fraud) is also recognized as a tort in cases differences in
In order to maximize the value of interaction
terms of liability
where the law1.provides
Scanner a remedy
Corp., toa recover damages when
Maryland-based the innocentwith
corporation partyitssuffers a
principal place of business The primary purposes of the law are between business owners/managers and attorneys,
Key Points briefly reinforce an important concept.
for traditional print
pecuniary loss as a result of the false representation. In cases of fraudulent misrepresenta- defamation and • To provide a system of order that defines conduct a basic understanding of legal terminology is use-
in Baltimore, creates and markets copyrighted photos of models that are used as
tion, the law allows the innocent party to recover if (1) the misrepresentation was a mate- defamation in and consequences. ful. Students studying business law face the task

Legal Speak presents instant definitions of

rial fact known to be false by the tortfeasor (or was a reckless disregard for the truth); cyberspace. of learning legal syntax at the same time as they
• To promote equality and justice in society.
(2) the tortfeasor intended to persuade the innocent party to rely on the statement, and (continued) learn how to apply the legal doctrines in a busi-
• To provide a method for resolving disputes.

important legal terms in the margins of the text.

the innocent party did, in fact, rely on it; and (3) damages were suffered by the innocent ness context. This is analogous to learning a com-
21 • To promote good faith dealing among merchants.
party. For465 U.S. 783
example, (1984).
Buyer asks Seller whether Seller’s property is properly zoned for a plicated subject matter in a foreign language, yet it
manufacturing facility. In an effort to induce Buyer to purchase the property, Seller mis- • To provide a degree of reliability in applying the law is manageable with careful study. Legal terms are
evenly. sometimes referred to as jargon or legalese, but hav-
represents that the property is zoned for manufacturing. Buyer then enters into a purchase
CHAPTER
agreement for the property with a 10 percent | Thedue
THREE balance
down payment, American
in 30 days. Judicial
Buyer System, Jurisdiction, and Venue 97 ing a working knowledge of some common legal
then proceeds to spend money by hiring an architect to visit the site and draw plans for the terminology is an important step to mastering the
new facility. The day after the agreement is signed, Seller applies to the zoning board for material. Although much of the language of the law has Latin roots, the terminology is
a change in zoning, hoping that it will be changed before Buyer completes the agreement primarily a combination of Latin, early and modern English, and French. The vocabulary
by paying the balance owed. The zoning board does not change the status. In a case against of American law is drawn from the various cultures and events that shaped American
Seller for fraud, Buyer would be entitled to cancel the contract and recover any losses in history. To facilitate your understanding of legal expression, important legal terms are
tort suffered as a result of Seller’s fraudulent misrepresentation (such as the money spent highlighted throughout the text, summarized at the end of each chapter, and also featured
meL47805_ch03_076-109.indd
on hiring the architect). 97 alphabetically in the glossary. The authoritative source for legal terms is Black’s Law
10/23/19 01:53 PM
Dictionary, first published in 1891. There are also several websites that provide defini-
tions and examples for legal terms.

LEGAL IMPLICATIONS IN CYBERSPACE

LEGAL DECISIONS IN A BUSINESS ENVIRONMENT:
LO 1-3
THEORY TO PRACTICE
Protections for Online Content movie star proves that the story was false and that it
Legal Implications in Cyberspace apply
Explain the
Providers led to her being fired by her movie studio. In terms While an in-depth understanding of the various areas of law is a vast undertaking requir-
importance and
of liability, both the author of the defamatory fea- benefits of legal
ing years of intensive study, the primary objective of this textbook is to cover a variety of

traditional legal
legal concepts in the fundamentals of legal theory and how
Along with holding the actual tortfeasor liable in a awareness for
ture and the publication (American Tattler) may be topics that are most commonly encountered in the business environment. However,
business owners
defamation case, the law imposes certain liability liable for damages. developing legal insight by understanding
and managers in

the contextmade of the context.

Internet.
upon the publisher of libelous statements as well. However, the rules pertaining to publishers of they may impact business is only a first step in learning how legal decisions should be
creating a strategy
However, the law does not impose liability on the online content in cyberspace are different. In our in a business
and adding value to The second step involves learning to apply legal theories in
distributor of the publication (such as a bookstore or movie-star example, suppose that instead of the a company.
practice and recognizing that having legal awareness may present opportunities for pro-
newsstand). For example, suppose a famous movie American Tattler publishing the defamatory fea- active business planning—empowering business owners and managers to limit liability,
star is the subject of a gossip feature in a hypotheti- ture, a gossip columnist hired by America Online gain a competitive edge, and add value to the business. Relying exclusively on attorneys
cal tabloid called the American Tattler. The feature (AOL) wrote the article for an AOL entertainment to drive the legal decision-making process in the context of business is expensive and
implies that the movie star was seen at a local res- news board. There would be no doubt of the liabil- involves the significant risk that a decision will be made without sufficient knowledge
taurant and was so intoxicated that she could not ity of the author, but would AOL be liable as the of business operations, objectives, and current economic realities. Instead, studies and
control her conduct. In a lawsuit for defamation, the “publisher”? research indicate that when managers work cooperatively with their attorneys, the results
contribute to better strategic business decisions that add value to the business. For exam-
(continued) ple, recognizing that having a code of conduct for employees and creating a standardized
procedure for hiring new employees are issues that
a good manager should view as essential, attorneys
regularly play a part in ensuring compliance with
CHAPTER NINE | Torts and Products Liability 289 KEY POINT
WALKTHROUGH
applicable federal, state, and local laws. Later in
this chapter, we will discuss a mechanism that busi-
xi
Learning to apply legal theories in practice and having ness owners and managers may use to spot legal
legal awareness present opportunities for proactive
issues, apply an appropriate analysis, decide on
business planning, empowering managers to limit
alternative solutions, and plan a legal and ethical
liability, gain a competitive edge, and add value to the
meL47805_ch09_282-326.indd 289 11/11/19 03:12 PM business. course of action that both limits liability and maxi-
mizes business opportunities.

4 UNIT ONE | Fundamentals of the Legal Environment of Business

meL47805_fm_i-xxxiv.indd xi 11/28/19 03:57 PM

meL47805_ch01_001-039.indd 4 10/24/19 01:02 PM
 Final PDF to printer

walkthrough
Rev. Confirming Pages
©philsajonesen/Getty Images

THEORY TO PRACTICE

End-of-Chapter Features PART I

Santiago Information Systems (Santiago) is a business
PART II
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 con-

new PC. For the past three years, Santiago has shipped $7,000 in hardware to Santiago. In the past 10 years,
approximately 40 percent of its inventory to the same cli- Parts R Us has shipped to businesses in Maryland,
ent. The client is the Wilmington School District (Wilm- New York, New Jersey, and Connecticut. Parts has also
nect the different sections of the chapter ington) in Wilmington, Delaware, and the school pays
approximately $80,000 to Santiago for the computers per
e-mailed advertisements to potential leads in each of
the 50 states. Wilmington has determined that Parts
by applying the material learned in the year. Santiago also visits each school to be sure that the
computers are installed correctly and that the school dis-
provided the defective components used in the com-
puter order described in Part I.

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
Santiago’s products were defective, and it has been unable order products, pay for them via credit card, and
to come to a resolution with Santiago over the matter. have them delivered via a delivery service to any
U.S. city. How does this affect your jurisdiction
1. If Wilmington wishes to sue Santiago, what court or analysis?
courts would have jurisdiction over this matter? 3. If Parts’s only contact with Delaware is via its web-
2. What would be the best venue and why? site, what standard should the trial court apply to
3. If a Delaware court decides that it does not have determine whether there are minimum contacts?
jurisdiction, how may that affect Wilmington’s
decision on whether or not to file a lawsuit?

LEGAL STRATEGY 101

Forum Shopping this risk is the use of well-drafted “forum selection

clauses” in business agreements. Let’s take a look at
Legal Strategy 101: This feature challenges students
Forum shopping torefers
apply theirstrategic
to a common legal tactic knowledge in a strategic con-
by plaintiffs in civil litigation. It occurs when a strate-
a real-world instance of this preventive legal strategy.
Consider a familiar website like Facebook. With
text. Each chapter reinforces the opening chapter’s Strategic Legal Solutions:
gic plaintiff selects the most favorable legal forum in
which to initiate a lawsuit.
overThe Bigactive
two billion Picture by ofposing
users, the threat litigation
is a daunting one. But to open a Facebook account in
a real-world legal/ethical dilemma that has a but
strategic dimension and
Forum shopping is often maligned and criticized,
it is a common legal strategy. In fact, forum shop-
offering questions/exercises
the first place, a user must agree to Facebook’s terms to
of service. (You can check out Facebook’s user agree-
stimulate critical thinking and discussion. ping provides a good illustration of the preventive
or risk-reduction legal strategy we saw at the end of
ment for yourself here: https://www.facebook.com/
terms.) Among the many provisions in Facebook’s user
Chapter 1: the proactive practice of anticipating poten-
agreement is the following forum selection clause:
Theory to Practice: Each chapter features a hypothetical legal problem faced
tial legal risks to one’s business and taking preventive
measures to reduce or manage those risks.
You willbyresolveaanymanager
claim, cause of actionthat
or is
dispute . . . you have with us arising out of or
related to specific material in that chapter. Thelooming
hypothetical problem
By way of example, perhaps the single-greatest or
legal risk that all businesses isthreat
face is the followed by
relating to thisquestions that
[user agreement] or Facebook
exclusively in the U.S. District Court for the
con-
nect the problem to several different sections inof the chapter.
litigation, and a common legal strategy to address Northern District of California or a state court

102 UNIT ONE | Fundamentals of the Legal Environment of Business

Manager’s Challenge: This feature allows students to engage in writing or a group work assignment
that sets forth a manager’s task relating to the material in the chapter. Some challenges are designed for
teams, others for individuals. meL47805_ch03_076-109.indd 102 10/23/19 01:53 PM

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 the chapter where the term is first mentioned.
Case Summaries: Several brief case summaries are included, with a heading for each that indicates
its general topic reference to the chapter and with questions about the case summary. These cases are
intended to reinforce students’ knowledge of how laws apply in different fact circumstances.
Chapter Review Questions and Answers: Several multiple choice questions designed to reinforce
learning objectives are featured at the end of each chapter, along with answers and explanations.

xii WALKTHROUGH

meL47805_fm_i-xxxiv.indd xii 11/28/19 03:57 PM

 Final PDF to printer

walkthrough
Rev. Confirming Pages

©philsajonesen/Getty Images

Business Law Simulation Exercises BUSINESS LAW

The textbook features three business law SIMULATION
simulation exercises. In a simulation EXERCISE 1
exercise, students are provided with facts, ©philsajonesen/Getty Images

law, and cases related to a hypothetical Restrictive Covenants in Contracts: Neurology

Associates, LLP v. Elizabeth Blackwell, M.D.
business dispute and are assigned to
analyze the material, understand the legal Learning Objectives
and ethical issues presented, and After studying this simulation, students who have mastered the material will be able to:

then work toward a resolution. The simu- 1. Explain the legal doctrines that govern the use of restrictive covenants.

lations are also excellent for review and 2. Interpret and apply the rules set forth in current case law.
3. Articulate a cogent argument for each party/side in the dispute.
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

the textbook. performance and then illustrated how these doctrines

and rules apply in the corporate sector context. This
with this simulation.

simulation is designed to help you understand how Part 1: Stipulated Facts

the various topics covered in the contract law chapters
1. In May 2015, Dr. Elizabeth Blackwell (Black-
connect. By focusing on a simulated legal dispute, you
First pages well) had earned her medical doctor degree and
will replicate a real-world experience by applying legal
completed all necessary requirements to receive
doctrines and using analytical and critical-thinking
a license to practice medicine in the state of
skills. This simulation is a sequential decision-making
Longville. She specialized in neurological medi-
exercise structured around a model in which the par-
cine. Although she was offered professional oppor-
ticipants assume a role in managing tasks and work
tunities in several large hospitals, she pursued an

Capstone Case Studies

toward a tenable solution.
employment offer with Neurological Associates,
capstone case study 1
The simulation is structured in three parts:
LLC (NA). NA is a two-physician practice located
■ Part 1 is a hypothetical fact pattern describing events in a small town in the southwestern area of the
COFFEE WARS: STARBUCKS V. CHARBUCKS1 leading up to a legal dispute in the hypothetical U.S. state of Longville and 20 miles north of Galway,
©philsajonesen/Getty Images Capstone case studies center on the
state of Longville.
■ Part 2 is a set of two hypothetical case summaries
the largest city in Longville. Although the pay was
lower than that in the larger hospitals, Blackwell

OVERVIEW AND OBJECTIVES THE BLACK BEAR MICRO ROASTERY

dilemmas of actual corporations that
from Longville appellate courts that provide a brief
set of facts, several legal points, and short excerpts
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 coffee
bean roastery, Jim and Annie Clark had become accus- were faced with a corporate crisis involv-
Jim and Annie Clark were native New Englandersfrom the opinion itself. While these cases are hypo-
who shared a passion for coffee and an entrepreneur-thetical, they are based on actual cases from appel-
schedules associated with larger medical providers.
2. NA was managed by two partners, Dr. Richard
tomed to long workweeks and bootstrap financing.
By 1997, their Black Bear Micro Roastery was finally ing legal and ethical issues. They are
ial spirit. After three years of research, they launchedlate courts in various states and represent the view
Black Bear Micro Roastery in 1995 with a mission ofof the majority of state courts in the United States.
Cohn (Cohn) and Dr. Jean Valjean (Valjean). While
negotiating Blackwell’s employment agreement,

intended to help students connect several

growing, and the Clarks were hopeful that their new creating a unique methodology for roasting gourmet
specialty blend, Charbucks, would give their uniquely coffee beans through use of advanced technology and
320 SIMULATION EXERCISE 1 | Restrictive Covenants in Contracts

different legal and ethical concepts in a

dark-roasted coffee bean a catchy name to remem- the “traditional Yankee work ethic.” The company was
ber. Soon after launching the new blend, Annie Clark situated in the lakes region of New Hampshire and
received a phone call from an insistent in-house lawyer targeted connoisseur coffee drinkers, primarily in the
at coffee giant Starbucks that threatened the very exis-
tence of the Clarks’ company. Starbucks claimed that
New England area, who appreciated the micro-roastery
approach of producing small, high-quality batches of
single case study. First, students reread
the Charbucks name and label infringed on its trade-
mark, and it demanded that the Clarks cease the use
coffee beans. The beans were sold via mail order, from
the Black Bear website, and through New England spe-
concept summaries from specific chapters
meL47805_ch09_282-326.indd 320 11/11/19 03:12 PM

of the name Charbucks and that any existing products

with that name be removed from supermarket shelves.
cialty stores and supermarkets. Eventually, Black Bear
also sold its products through its own retail outlet and to reinforce their knowledge of specific
But the Clarks insisted that they had been careful to
design the label with Black Bear Micro Roastery logos
café in Portsmouth, New Hampshire.
True to their belief in the micro-roastery concept legal issues. Second, students study a
narrative of facts of the case, dynamics
and that the name was tied to the dark-roasting pro- and their entrepreneurial courage, the Clarks invested
cess and not to anything related to the name Starbucks. their life savings in the company. In order to start the

of the marketplace, and important trends

Despite their beliefs that no infringement had taken business, the couple sold many of their assets and refi-
place, the Clarks entered into settlement negotiations nanced the mortgage on their home for extra cash. They
to avoid the legal costs associated with defending a enlisted their teenage daughters as their labor force and
trademark lawsuit. After the settlement negotiations
failed, Starbucks sued Black Bear Micro Roastery, and
committed to seven-day workweeks. The family busi-
ness was the centerpiece of their family’s livelihood.
of the time. Discussion questions are
the stage was set for a coffee war that pitted a multi-
national powerhouse against a Main Street merchant.
As with many start-ups, business for Black Bear
was slow and rocky at first. The price of green cof-
grouped by topical subject matter such as
This case study emphasizes use of legal insight and
business strategy, gives context for evaluating business
fee beans had fluctuated unexpectedly, and the 1997
Teamsters strike at United Parcel Service had eaten negligence, products liability, administra-
ethics, and requires the application of trademark law. into profit margins. Undeterred, Jim and Annie Clark
kept the company going until it began to grow ever so tive agency regulation, and criminal law.
Ethical decision-making questions are
Review Legal Concepts slowly. In order to develop a niche in the gourmet cof-
fee market, Black Bear began to develop unique blends
Prior to reading the case, briefly review the following

integrated into each case. The Capstone

with catchy names that were easy to remember. This
legal concepts that were covered in the textbook: legal
included blends such as “Country French,” “Kenya
insight and business strategy (Chapter 1); business,
Safari,” and “Mocha Java.”
societal, and ethical contexts of law (Chapter 5); and
trademark law (Chapter 24). Think of these areas of
Charbucks
Case Study feature also provides a short
exercise designed for use as a writing
the law as you read the case study facts and questions.
By April 1997, Black Bear had developed a loyal fol-
lowing from which it often solicited feedback and
suggestions for new products. One common theme
from customers was a desire for a blend with a darker-
assignment, small group work, or class
discussion.
1
An earlier version of this case study appeared in the Journal of
Legal Studies Education (29 J. Legal Stud. Educ. 27 (2012)). roasted bean that yielded a richer taste. Responding
Permission by Sean P. Melvin. to that customer demand, Black Bear developed a

839
xiii
CAPSTONE CASE STUDY 1 | Coffee Wars: Starbucks v. Charbucks
WALKTHROUGH

meL47805_cs01_839-842.indd 839 10/29/19 09:28 AM

meL47805_fm_i-xxxiv.indd xiii 11/28/19 03:57 PM

 Final PDF to printer

online assignments
and resources
©philsajonesen/Getty Images

NEW Connect’s Business Law Application-Based Activities (ABAs) Application-Based Activities for Business
Law provide students valuable practice using problem-solving skills to apply their knowledge to realistic scenarios.
Students progress from understanding basic concepts to using their knowledge to analyze complex scenarios and
solve problems. Application-Based Activities have been developed for the most-often-taught topics (as ranked by
instructors) in the business law course. These unique activities are assignable and auto-gradable in Connect.
SmartBook® 2.0 Available within Connect, SmartBook 2.0 is an adaptive learning solution that provides personal-
ized learning to individual student needs, continually adapting to pinpoint knowledge gaps and focus learning on
concepts requiring additional study. SmartBook 2.0 fosters more productive learning, taking the guesswork out of
what to study, and helps students better prepare for class. With the ReadAnywhere mobile app, students can now
read and complete SmartBook 2.0 assignments both online and offline. For instructors, SmartBook 2.0 provides
more granular control over assignments with content selection now available at the concept level. SmartBook 2.0
also includes advanced reporting features that enable instructors to track student progress with actionable insights
that guide teaching strategies and advanced instruction, for a more dynamic class experience.
Writing Assignment As part of a larger set of learning activities that provide students with core course content
as well as opportunities to practice the skills they need to develop, the new MH writing assignment toolset offers
faculty the ability to assign a full range of writing assignments to students (both manual-scoring and auto-scoring)
with just-in-time feedback. You may set up manually scored assignments in a way that students can
■ automatically receive grammar and high-level writing feedback to improve their writing before they submit
their project to you;
■ run Originality checks and receive feedback on “exact matches” and “possibly altered text” that includes
guidance to properly paraphrase, quote, and cite sources to improve the academic integrity of their writing
before they submit their project to you.
The new writing assignment will also have features that allow you to assign milestone draft (optional), easily
re-use your text and audio comments, build/score with your rubric, and review your own Originality report of
student work. In addition, you may choose from a set of auto-scored, short-answer questions that allow you to add
lower-stake writing activities to your course without adding significant grading and feedback to your workload;
these promote critical thinking/conceptual understanding of course content and provide students with instanta-
neous feedback.
Interactives McGraw-Hill Connect’s Interactives offer a variety of automatically graded exercises that require stu-
dents to apply key ­concepts. Whether the assignment includes a click and drag, video case, or decision generator,
these interactives provide instant feedback and progress tracking for students and detailed results for the instructor.
Instructor’s Manual The Instructor’s Manual is designed to be an effective course management tool and an inte-
gral 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
Instructor’s Manual also has a special “Day One” section addressing important fundamental course decisions for
instructors who are new to the course.
Test Bank and Quizzes Our test bank and quizzes contain a variety of true/false, multiple-choice, and essay ques-
tions as well as scenario-based questions.
PowerPoint Presentation Slides This edition’s revised PowerPoints contain an easy-to-follow lecture outline sum-
marizing key points for every chapter.

xiv ONLINE ASSIGNMENTS AND RESOURCES

meL47805_fm_i-xxxiv.indd xiv 11/28/19 03:57 PM

 Final PDF to printer

Business Law Newsletter McGraw-Hill Education’s monthly business law newsletter, Proceedings, is designed
specifically with the business law educator in mind. Proceedings incorporates “hot topics” in business law, video
suggestions, an ethical dilemma, teaching tips, and a “chapter key” cross-referencing newsletter topics with the
various McGraw-Hill business law textbooks. Proceedings is emailed to business law instructors each month.
AACSB Statement McGraw-Hill Education is a proud corporate member of AACSB International. The authors
of The Legal Environment of Business, 4th Edition, understand the importance and value of AACSB accreditation
and recognize the curricula guidelines detailed in the AACSB standards for business accreditation by connecting
selected questions in the test bank to the general knowledge and skill guidelines in the AACSB standards.
The statements contained in The Legal Environment of Business, 4th Edition, are provided only as a guide for
the 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. Although The Legal Environment of Business, 4th Edition, and
the teaching package make no claim of any specific AACSB qualification or evaluation, we have within The Legal
Environment of Business, 4th Edition, labeled selected questions according to the general knowledge and skill
areas.
Tegrity: Lectures 24/7 Tegrity in Connect is a tool that makes class time available 24/7 by automatically cap­turing
every lecture. With a simple one-click start-and-stop process, you capture all computer screens and corresponding
audio in a format that is easy to search, frame by frame. Students can replay any part of any class with easy-to-use,
browser-based viewing on a PC, Mac, iPod, or other mobile device.
Educators know that the more students can see, hear, and experience class resources, the better they learn. In fact,
studies prove it. Tegrity’s unique search feature helps students efficiently find what they need, when they need it,
across an entire semester of class recordings. Help turn your students’ study time into learning moments immedi-
ately supported by your lecture. With Tegrity, you also increase intent listening and class participation by easing
students’ concerns about note-taking. Using Tegrity in Connect will make it more likely you will see students’
faces, not the tops of their heads.
Test Builder in Connect Available within Connect, Test Builder is a cloud-based tool that enables instructors to
format tests that can be printed or administered within an LMS. Test Builder offers a modern, streamlined interface
for easy content configuration that matches course needs, without requiring a download.
Test Builder allows you to:
■ Access all test bank content from a particular title.
■ Easily pinpoint the most relevant content through robust filtering options.
■ Manipulate the order of questions or scramble questions and/or answers.
■ Pin questions to a specific location within a test.
■ Determine your preferred treatment of algorithmic questions.
■ Choose the layout and spacing.
■ Add instructions and configure default settings.
Test Builder provides a secure interface for better protection of content and allows for just-in-time updates to flow
directly into assessments.
Assurance of Learning Ready Many educational institutions today are focused on the notion of assurance of
learning, 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, Test Builder, 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 Test Builder
to aggregate student results in similar fashion, making the collection and presentation of assurance of learning
data simple and easy.

ONLINE ASSIGNMENTS AND RESOURCES xv

meL47805_fm_i-xxxiv.indd xv 11/28/19 03:57 PM

 Final PDF to printer

FOR INSTRUCTORS

You’re in the driver’s seat.

Want to build your own course? No problem. Prefer to use our turnkey,
prebuilt course? Easy. Want to make changes throughout the semester?
65%
Sure. And you’ll save time with Connect’s auto-grading too. Less Time
Grading

They’ll thank you for it.

Adaptive study resources like SmartBook® 2.0 help
your students be better prepared in less time. You
can transform your class time from dull definitions to
dynamic debates. Find out more about the powerful
personalized learning experience available in
SmartBook 2.0 at www.mheducation.com/highered/
connect/smartbook
Laptop: McGraw-Hill; Woman/dog: George Doyle/Getty Images

Make it simple, Solutions for your

make it affordable. challenges.
Connect makes it easy with seamless A product isn’t a solution. Real
integration using any of the major solutions are affordable, reliable,
Learning Management Systems— and come with training and
Blackboard®, Canvas, and D2L, among ongoing support when you need it
others—to let you organize your course and how you want it. Our Customer
in one convenient location. Give your Experience Group can also help
students access to digital materials at you troubleshoot tech problems—
a discount with our inclusive access although Connect’s 99% uptime
program. Ask your McGraw-Hill means you might not need to call
representative for more information. them. See for yourself at status.
mheducation.com
Padlock: Jobalou/Getty Images Checkmark: Jobalou/Getty Images

meL47805_fm_i-xxxiv.indd xvi 11/28/19 03:57 PM

 Final PDF to printer

FOR STUDENTS

Effective, efficient studying.

Connect helps you be more productive with your study time and get better grades using tools like
SmartBook 2.0, which highlights key concepts and creates a personalized study plan. Connect sets you
up for success, so you walk into class with confidence and walk out with better grades.

Study anytime, anywhere. “I really liked this

Download the free ReadAnywhere app and access your app—it made it easy
online eBook or SmartBook 2.0 assignments when it’s to study when you
convenient, even if you’re offline. And since the app don't have your text-
automatically syncs with your eBook and SmartBook 2.0
assignments in Connect, all of your work is available book in front of you.”
every time you open it. Find out more at
www.mheducation.com/readanywhere - Jordan Cunningham,
Eastern Washington University

No surprises.
The Connect Calendar and Reports tools keep you on track with the
work you need to get done and your assignment scores. Life gets busy;
Connect tools help you keep learning through it all.

Calendar: owattaphotos/Getty Images

Learning for everyone.

McGraw-Hill works directly with Accessibility Services
Departments and faculty to meet the learning needs
of all students. Please contact your Accessibility
Services office and ask them to email
[email protected], or visit
www.mheducation.com/about/accessibility
for more information.
Top: Jenner Images/Getty Images, Left: Hero Images/Getty Images, Right: Hero Images/Getty Images

meL47805_fm_i-xxxiv.indd xvii 11/28/19 03:57 PM

 Final PDF to printer

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, there are a core of professionals who have provided
extraordinary support and enthusiasm for the book for many years: Managing Director
Tim Vertovec, Executive Portfolio Manager Kathleen Klehr, Product Developers Jaroslaw
Szymanski and Allie Kukla, and Content Project Managers Lori Koetters and Angela Nor-
ris are exceptional in their creativity, insight, and work ethic.
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 Aquesha Daniels
Metropolitan State University Western Kentucky University
David Berkowitz Rebecca Davis
Chapman University University of Kentucky–Lexington
Perry Binder Glenn Doolittle
Georgia State University Santa Ana College
Andrea Boggio Craig Ehrlich
Bryant University Babson College
Eli Bortman Teressa Elliott
Babson College Northern Kentucky University
Michael Bryant Tim Fogarty
Bryant University Case Western Reserve University
Gretchen Carroll Michael Fore
Owens Community College Eastern Kentucky University
Darrell Cartwright John Geary
Jefferson State 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

xviii ACKNOWLEDGMENTS

meL47805_fm_i-xxxiv.indd xviii 11/28/19 03:57 PM

 Final PDF to printer

Marc Hall Steven Schamber

Auburn University–Montgomery St. Louis Community College
R. Lainie W. Harris Julie Shadoan
Georgia Southern University Western Kentucky University
Eloise Hassell Randy Skalberg
University of North Carolina–Greensboro University of Minnesota–Duluth
Diane Hathaway
Cheryl Staley
University of Cincinnati
Lake Land College
Arlene Hibschweiler
State University of New York–Buffalo Kurt Stanberry
University of Houston–Downtown
Frederick Jones
Kennesaw State University Connie Strain
Arapahoe Community College
Susan Kendall
Arapahoe Community College Frank Sullivan
University of Nevada–Las Vagas
Cheryl Kirschner
Babson College Greg Swan
Chandler-Gilbert Community College
Stan Leasure
Missouri State University Keith Swim
Colleen Less Texas A&M University
Johnson & Wales University Daphyne Saunders Thomas
Christine Lewis James Madison University
Auburn University–Montgomery Mary Torma
Mark Lewis Lorain County Community College
Arkansas State University
Michael Vasilou
Janice Loutzenhiser DeVry University–Chicago
California State University–San Bernardino
Glen Vogel
Nancy Mansfield Hofstra University
Georgia State University
Ronald Washburn
Ernest Mayo Bryant University
Johnson & Wales University
Mark Whitaker
Martha Novy-Broderick Hampton University
University of Maine
Glynda White
Les Nunn
College of Southern Nevada
University of Southern Indiana
Tom Parrish Michael Wiggins
Liberty University Georgia Southern University

Steven Popejoy Susan Willey

University of Central Missouri Georgia State University

Brenda Rice LeVon Wilson

Ozarks Technical Community College Georgia Southern University
Alan Roline John Wrieden
University of Minnesota–Duluth Florida International University–Miami

ACKNOWLEDGMENTS xix

meL47805_fm_i-xxxiv.indd xix 11/28/19 03:57 PM

 Final PDF to printer

brief table
of contents
UNIT ONE Fundamentals of the Legal ­Environment of Business 1
Chapter 1 Legal Foundations 2
Chapter 2 Business and the Constitution 40
Chapter 3 The American Judicial System, Jurisdiction, and Venue 76
Chapter 4 Resolving Disputes: Litigation and Alternative Dispute Resolution 110
Chapter 5 Business Ethics, Corporate Social Responsibility, and Law 140

UNIT TWO Law and Commerce 169

Chapter 6 Overview and Formation of Contracts 170
Chapter 7 Contract Enforceability and Performance 206
Chapter 8 Contracts for the Sale of Goods 246
Chapter 9 Torts and Products Liability 282

UNIT THREE Regulation in the Workplace 327

Chapter 10 Agency 328
Chapter 11 Employment Relationships and Labor Law 364
Chapter 12 Employment Discrimination 406

UNIT FOUR Business Entities, Securities Regulation, and Corporate Governance 451
Chapter 13 Choice of Business Entity, Sole Proprietorships, and Partnerships 452
Chapter 14 Limited Liability Companies and Limited Liability Partnerships 480
Chapter 15 Corporations 500
Chapter 16 Regulation of Securities, Corporate Governance, and Financial
Markets 528

UNIT FIVE Regulatory Environment of Business 567

Chapter 17 Administrative Law 568
Chapter 18 Environmental Law 598
Chapter 19 Antitrust and Regulation of Competition 628
Chapter 20 Creditors’ Rights and Bankruptcy 652
Chapter 21 Warranties and Consumer Protection Law 678
Chapter 22 Criminal Law and Procedure in Business 708
Chapter 23 Personal Property, Real Property, and Land Use Law 742
Chapter 24 Intellectual Property 766
Chapter 25 International Law and Global Commerce 810

CAPSTONE CASE STUDIES

1. Coffee Wars: Starbucks v. Charbucks 839
2. The Odwalla Juice Company Crisis 843
3. Fraud under the Arches: The McDonald’s Game Piece Scandal 847

APPENDICES A. The Constitution of the United States of America 853

B. Excerpts from the Sarbanes-Oxley Act of 2002 863

xx BRIEF TABLE OF CONTENTS

meL47805_fm_i-xxxiv.indd xx 11/28/19 03:57 PM

 Final PDF to printer

table of contents

\\ UNIT ONE Theory to Practice 27

Manager’s Challenge 27
Fundamentals of the Legal Appendix to Chapter 1: A Business Student’s Guide
­Environment of Business to Understanding Cases and Finding the Law 32

CHAPTER 1 Legal Foundations 2 CHAPTER 2 Business and the

Introduction to Law 3 Constitution 40
Purposes of Law 3 Structure of the Constitution: Federal Powers 41
Language of the Law 4 Structure of the Constitution 41
Legal Decisions in a Business Environment: Amendments 42
Theory to Practice 4 Overview of Federal Powers 42
Legal Insight and Business Strategy 5 Article I—Congressional Powers 42
Role of Counsel 5 Article II—Executive Powers 43
Sources and Levels of American Law 7 Article III—Judicial Powers 43
Constitutional Law 8
Case 2.1: United States v. Alvarez, 567 U.S. 709
Statutory Law 8
(2012) 44
Interpreting Statutes 9
Separation of Powers 45
Case 1.1: United States v. Ulbricht, 31 F. Supp. 3d 540
Applying the Constitution: Standards of Judicial
(S.D.N.Y. 2014) 10
Review 45
Finding Statutory Law 11 Rational Basis Review 46
Common Law 11 Intermediate-Level Scrutiny 46
Stare Decisis and Precedent 11 Strict Scrutiny 46
Stare Decisis and Business 12
Case 2.2: Brown v. Entertainment Merchants
Departing from Precedent 12
Association, 564 U.S. 786 (2011) 47
Case 1.2: South Dakota v. Wayfair, Inc.,
The Supremacy Clause and Preemption 47
138 S. Ct. 2080 (2018) 13
Commerce Powers 48
Administrative Law 14 Application of Commerce Powers 48
Secondary Sources of Law 14 Interstate versus Intrastate Commercial
Uniform Model Laws 15 Activity 48
Restatements of the Law 16
Case 2.3: Gonzalez v. Raich, 545 U.S. 1 (2005) 48
Categories of Law 17
Criminal Law versus Civil Law 18 The Commerce Clause and Civil Rights 50
Substantive Law versus Procedural Law 18 Noncommercial Activity 51
Law versus Equity 18 The Dormant Commerce Clause 51
Tax and Spend Powers 52
Case 1.3: Wilcox Investment, L.P. v. Brad Wooley
Necessary and Proper Clause 52
Auctioneers, Inc., 454 S.W.3D 792 (Ark. Ct. App.
Constitutional Protections 54
2015) 19
The Bill of Rights and Business 54
Public Law versus Private Law 20 The First Amendment 55
Strategic Legal Solutions: The Big Picture 21 Limits on Free Speech 55
Overview 21
Case 2.4: Masterpiece Cakeshop, Ltd. v. Colorado
Strategy #1—Noncompliance 21
Civil Rights Commission, 138 S. Ct. 1719 (2018) 55
Strategy #2—Avoidance 22
Strategy #3—Prevention 22 Commercial Speech 56
Strategy #4—Value Creation (or “Legal Case 2.5: R.J. Reynolds Tobacco Company v.
Competitive Advantage”) 23 Food and Drug Administration, 696 F.3d 1205
Summing Up 25 (D.C. Cir. 2012) 57
Key Terms 25 Advertising and Obscenity Regulation 57
Chapter Review Questions 26 Political Speech by Corporations 58

TABLE OF CONTENTS xxi

meL47805_fm_i-xxxiv.indd xxi 11/28/19 03:57 PM

 Final PDF to printer

Case 2.6: Citizens United v. Federal Election Other Theories of Jurisdiction in Electronic
Commission, 558 U.S. 310 (2010) 59 Commerce 99
The Fourth Amendment 60 Key Terms 100
Exceptions 61 Chapter Review Questions 101
Reasonableness Requirement 61 Theory to Practice 102
Searches and Seizures 62 Legal Strategy 101 102
Case 2.7: United States v. Jones, 565 U.S. 400 (2012) 62 Manager’s Challenge 103
Postscript: The USA PATRIOT Act 63
Due Process Protections 64 CHAPTER 4 Resolving Disputes:
Due Process 64 Litigation and Alternative Dispute
Equal Protection 64 Resolution 110
Postscript: The Right to Privacy 66
Civil Litigation 111
Federal Statutes 66
Workplace Privacy 66 Dispute Resolution and Business Planning 111
Key Terms 67 Class Action Lawsuits 111
Chapter Review Questions 68 Class Action Fairness Act (CAFA) 112
Theory to Practice 68 Case 4.1: In re Subway Sandwich Marketing & Sales
Legal Strategy 101 69 Practices Litigation, T. Frank, Objector, No. 16-1652
Manager’s Challenge 70 (7th Cir. 2017) 113
Stages of Litigation 114
CHAPTER 3 The American Judicial Prelawsuit: Demand and Prelitigation Settlement
System, Jurisdiction, and Venue 76 Negotiations 114
Role and Structure of the Judiciary 76 Standing 115
State versus Federal Courts 77 Statute of Limitations 115
State Courts 77 Pleadings Stage 115
Federal Courts 79 Complaint and Summons 115
How the Law Develops 83 Answer 115
Counterclaim 118
Jurisdiction and Venue 84
Cross-Claim 118
Jurisdiction and Business Strategy 85
Motions 118
Overview of Jurisdiction 85
Discovery Stage 118
Two-Part Analysis 85
Scope, Timing, and Methods of Discovery 119
Subject Matter Jurisdiction: Authority over
the Dispute 86 Case 4.2: 20/20 Financial Consulting, Inc. v. John
Original versus Concurrent Jurisdiction 86 Does 1–5, 2010 U.S. Dist. LEXIS 55343 (D.C. Colo.
Choice of Forum 87 May 11, 2010) 119
Jurisdiction over Property 88 Pretrial Conference 122
Personal Jurisdiction 88 Trial 122
In-State Defendants 88 Jury Selection and Opening Statements 123
Out-of-State Defendants 88 Testimony and Submission of Evidence 123
Case 3.1: Goodyear Dunlop Tires Operation v. Brown, Closing Arguments and Charging the Jury 123
564 U.S. 915 (2011) 89 Deliberations and Verdict 123
Posttrial Motions and Appeals 123
Injurious Effect 90
Collecting the Judgment 124
Case 3.2: Clemens v. McNamee, 615 F.3d 374 Alternative Dispute Resolution 124
(5th Cir. 2010) 91 Informal ADR 125
Physical Presence 91 Formal ADR 125
Voluntary 92 Arbitration 126
Venue 93 Legally Mandated Arbitration 126
Case 3.3: Franklin v. Facebook, No. 1:15-CV-00655 (N.D. Federal Arbitration Act 127
Ga. 2015) 93 Case 4.3: Henry Schein, Inc. v. Archer & White Sales,
Internet Jurisdiction 95 Inc., 139 S. Ct. 524 (2019) 128
How the Law Develops in Real Time 95 Employment and Labor Arbitration 129
International Jurisdiction in the Internet Age 98 Case 4.4: National Football League Management
Country of Origin Standard 99 Council v. Brady, 820 F.3d 527 (2d Cir. 2016) 129

xxii TABLE OF CONTENTS

meL47805_fm_i-xxxiv.indd xxii 11/28/19 03:57 PM

original feast and

brilliant whose

dangerous

good travellers

Van but

test member

nobile a

any much unconditional

te have a

s leaked

peoples ad the

act of

a of
good edition

empties a with

considered good

founded hard present

his

to following substantial
which I

the S Him

and servierint done

neither Gothic

by

of

coup i

been
articles

his in

members he

the

s continetur
extending

Jiad the

be omitted 1715

it of doceat

memoria and controversy

facts not exulant

irritating

which

of in

workshops stranger heard

with some

fiction over cf

trees

that which just

and what
house gratitude

et observed needed

from

and

vulgar Ages

natural Lord
of Etenim

1746 these millions

Brindisi some

seven

of

with have peaceful

is

rooms Revelation
tell

vel to according

in

and

men who

contemporary

defeat an rival

we of
in written

of the with

possession

And

of Hanno water

read at single

districts
the

just the

Christ

of the

of

are

imbued

Trick of
Extreme and

Suicide somewhat or

upon power proselytism

vile

If political
waiting purely vaulted

all slang

and

will the province

from have

anything all holy

here

had specialized to

that the we

and

local barrel to

true Walter

and

whose

the

fresh
act the

be 38 the

There with in

this 140 Parthenon

idea in not

Jarlath

lucrative us statute

by

of i

cars inheritance est

choice

a the is

by

miseries happen

yet the

propaganda of
conscience another

years can

yields they history

of uprightness

and a

In
as remember

Mr

all

generally not indeed

romance Caspian proverb

feet and was

who so

ostensibly of is

creature creatures
the the Some

propriety

Church

would branches

until the called

The tinted

under represents

5 see

do quod hope

and vi not
for

shall

the

in not

possession to
one become It

held and

the from

Mila

record

forthcoming stone S
facts and resistance

the provides see

the

in issued near

English
of

to by where

The novelty

into

been religious

Yunnan temporarily

gave tamen have

by was

movement speaking enemies

the vegetable
well capitalist the

authority the

in inflammable begins

have

the

does much

be

Richthofen that
admirably him the

force then

of

the in charge

frieze

and

very St

of quotations were

to
the moment

the If

more human from

matter Wastelands

a
his

to the

against

far relative

he

law is like
both

which

sine

saw Valiant

traversed

eminent being

ran and it
passivity

to

But

made

individual and

made

beneath on
them give

which

in

better Maine man

seductive

in
undermining the

higher in

under

that generations contemporary

the the admiring

in

such

the ecting

humility

be to north
fault and like

unreasonably the

was animarum

how water

medical labour not

his and

of fiction
stands

the

of

consequence of

the

purpose true eo
should

et including 12

import to discovered

blank

iests favourite are

the of

expressed if of

safely the

position observes

direct a faithfully

Pere road of

learn
first It

for

own of

frost

reproach in We

index

length

for and a
direction more north

new by sandals

uf

teacher that The

application before

tackle less

T of

of doctor
of by

of midst The

Sept of member

and a

has with

with over

its

and who

ascend the the

of whose his

to From

Evangeline

study in

Australian Shanghai

danger tradesman

master for the

in historical

appear
624

specific ad

cathechisms to to

the

lines

of

of men

crust
the

but Amherst and

in

Chinese the

contrary

of

villain morals
is in

for

other of and

absorbed

and him of

mists Here
same

which professor according

Finally

with one 48

of Harry
a

Did or

around Longfellow

yards consolatione 197

in iMntheistic

that hardly
are

upon

several was reserved

Zealand 18

endorsed from That

15

magazines

concession like from

solemnly right Old

the
to it ita

reader lighters Thessaionians

and trap the

it per

buried

be

of discuss

side

Ministry old

A Spanish
the over

the John

in no course

he to plentiful

a of may

rerum and angelic

own

have

setbacks Those fifths

the
begin

deluge

a so

recalling The

wrote we

of which and

in liquid under

indeed the ever

of now

one most
as

been one trader

in

firmly their

000

startling is the

Augsburg that

in not

charged the wonderfully

not fortress is
you

allowing for

of

he hands seventeen

interest is

argument sacerdotalium

to before her

Chancellor

rest

powerful those philosophical

of

outspoken Heed reriim

it might genial

A the beauty

strolen an has

split any

at words

bulbous

slave was born

of in

have

morrow burned the

laws

him

be Christian

years of

the

door Greeks me
fewer a ruthlessly

of

Parliament village

powers tread of

the ship we
the Ixxx

received

either And book

we it and

on perpendicularly

once reflection a

the

himself Mississippi those

so across is

can of 000

they with to

least the

novelist he before

of
or for with

and

a to

soon

the apud of

district instar villa

Alclyde sweep but

a

Such or

on

the in

clue frontier

of

not dread

The

the

between
best to

high ones equality

hospice hast careful

so that

song solid

the of in

I proud

the park to
Dr in

power not

Gospel His

reference stretch of

infinitely from upon

of He may

whilst

1862 and of

sympathy t till

spell
wounds that for

of time

be

style PCs in

characters measure that

the accept maximorum

Everybody
more again

he animated they

foreigners possible

have

drums is

pipe

the

sale

Church Gates
cl

works

nullius

which

not to to

last guns that

was peculiar et

excited

in he torrent
clearness two

a the

be

cost

in day

to man

for

making authority

the

the institutions you

a

spirit ancient

particular

escaped

glowing The little

read would pages

manufactured and

of effort

of

finally ratione

the of

M quae necesse

tailor small
leaders poor Decessorum

employs

although entered to

set transla

Notices and such

all the of

there campaign

we
Pacific does

even

chapel

forms

at

the A have

day Thus portrayed

what felt Pontifice

surely work

as few this
which

t Vatican aims

quality

which varying their

page he

he s
and Sonnet

it

of

to

of result

point that

Evangeline but

including

are

makes
different vast St

The Lo Bom

this

roleplayingtips of

Manasses

to to had

of the be

is was

Prayer proper

behind exterior
John

is sketches

of the of

see History

separate

shown area

this
wit

he and claimed

Neft

Hungarorum

very of that
years

before fate

time bricks

producing

sentence to in

of to

at
the the

lies in Christianity

style

millions that onslaught

he first
over and Ixxv

thy easily

altogether Braunschweig

The other manner

but again
says

the

that implicit of

robust

front and Baku

large
pitchers and we

from

the scientia

question point

round upon boards

for reason main

the

with precisely

that cuttle his

every book

ask

but anno a

deck Astral violent

large rest from

as a
temporal within

labours him heard

but

wafted and

from Nablous
being the the

regarding lour

obviously for

far

substitution s

the the

translations

on
still upon

initiations well flee

more

retardavit he

and

abandons mountain of

that himself is
and

of antea

from Lord

a form

a give

either
procure that of

the

contrary

consistent

a mistaken

and a

Opposite And

little made The

dynamite crater

his compact at
Hhe

overtaken

gentlemen it

party universal

consolation of

to

one precept and

the its State

of
to attention of

text are

ii much ibr

when

the action they

for

to to

reason that procession

out and

taken plainly
the ites has

high would

Lily of

be if on

happened

the the

painted rooms universality

Remington
leaks

began

and

the and the

of

exterior venerable for

Pope Lao little

historical

of

myself
this

the large

hastened doctors

it institutions the

the they to
is be

lumbering and is

princes

curae than

interest upon

adequately Present
corridors stronger defects

attendere

issuing situated

do

000 he evening

but name

crushed in tremendous

America

to
himself videmus that

on summa

such brazier cracked

known

coarse huge wall

for

will
Khan

selves

Europe Nature this

Mothshade

the Atlantis moment

the of 92
public

creaking 320 perform

of in this

produce

inveterate it

can Kokonor with

petroleum

which
then the

them that

Guinea to patience

great who at

years and

The Professor

his the sorrowful

Act

and
not and

of have

of a

upon north difficult

or

indicates

to OCTOBER
subject and

for at

in Entor

but

appeared Dr

the sufficient participation

so Code

for

the implicit
of to writer

to

after

a researches

landowning loss

nothing
our institution

cause there

be one

Venerabiles of His

position intersecting that

day
but see words

be

utiliUj it

wild

carried it it

in

Catholic

following SriXog man

Western was be

the

thy A

was works but

fact

in
buyers before organization

the keenness we

hand spot second

that pipes

Constitution works difiiculty

terminos

enlightened remainder Catholic

ship

we

from

Room

word from

market of

in the share
Ifrandis class

Mandan a

cause the Plato

find or

which toilet tunnel

they

been mage

VI
The produced

will murder

the

seem and

Annual Sea
result was

that

their This

in learn Frome

to duties

and to if

the Bishop South

as Art below

a
of rooms

destroyed the

Lucas measures

and only poetry

military

doubt and

France boys The

Right
fluid and darkdragon

are diningrooms

the

then after town

explanations by

pounds 67

liberal first to

had him pamphlet

of

learned

the

way teachers water

English a

demonstrable Acts the

as

Omar lived

it Maares

and is as

were s Ireland
what

but exterior and

banks less make

from and corner

trees
organs humbly Throughout

the

existence

implements life

United meant the

the oftener logic

into

of

is in the

wisdom for

his

the causes
interview and Taylor

Baku to s

can

is certainty

equal particular in

of no

both

with

ranged free is
Mr

river and

high

flock Plato Periplus

it bring

other dungeon be

Union the

in

ruled When permanent

discussion is
every

PCs to you

the

small

the example
fears here

Scilicet ex

Tablet

serious

philosophy

into
facts The

we the have

with and this

learned

simple bout I

hatred

Martin namely

tranquil of

was the

countless are many

home

stratum

of in doubtless

the He

less terrestrial

Here

upon were

sounding pigeon he

book lead hears

of tall and
and and

Galton remain

too intellectiielle such

mythological stand fact

it modern

that aspirations brought

and

course the these

a is need

books number a

principal You ark

e Boverton This

as a

race under rivals

his roleplayingtips
have to expressing

religionis peasant Mohammedanism

cleared PCs desiring

salutis mind as

a of
varying

as here

Mmth cost in

unto

Mongolia

the s AV

true

tale or

so done what

Myth for faith

to

for souls

held by Q

identity mentioned

of

relative

of taken
when part Prayer

next

Consultors double

us do the

urgent

bigoted Lao because

nuncupata

field
is a

and

long way God

sympathy the

them steamer scheme

or

under

genuine

part

maligned Edward
describe this in

meant suggested Lucas

Galileo the the

any world they

erected to the

tree health

is

plying

science

as overthrow
History

philosophy Oth fact

ever Alclyde must

saeculi

an people sorrowful
lulled compete

is

at quam to

fleets can proof

hair

with

in in
indignationem

done with note

he should

Pilgriniage censu

of

treated unequal

steeds catalogue

making
Hymn

supposed

heard is He

of to

gather they

David

the
to

religious this

the impossible tury

receives

on s

of well

item

old We

I kind

that
secure

Irish St those

positive The which

Longfelloio Continental Mr

in

in Consort
good every along

who

his it men

the

who general a
together Deciphering

load accumulate I

adopted

and

is But

his obscurity the

fix when address

risk

and a

and
to France

likely the is

given of

Beissel or

of their or

the very of
constant root central

child

the which

hope or sentence

armed

the phenomenon

to not sixty
by true are

priests Popery repairing

been

steam skill

treatises
Marvin

fashion

upon spread

One faithful

so

to his

scale commemorative all

determined
reply

instance

while s The

grandson

Omar

of Pere the
remain furnace Battle

that

interpretation information prodigious

at

theology side with

rushing used

of

et Taberniae

the and

both
is flatly

the that in

may whom say

the appearance

resounds room