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BONUS CHAPTER A Working within the Legal Environment McGraw-Hill/Irwin Copyright © 2015 by the McGraw-Hill Companies, Inc All rights reserved LEARNING OBJECTIVES Define business law, distinguish between statutory and common law, and explain the role of administrative agencies Define tort law and explain the role of product liability in tort law Identify the purposes and conditions of patents, copyrights, and trademarks Describe warranties and negotiable instruments as covered in the Uniform Commercial Code List and describe the conditions necessary to make a legally enforceable contract, and describe the possible consequences if such a contract is violated A-2 LEARNING OBJECTIVES Summarize several laws that regulate competition and protect consumers in the United States Explain the role of tax laws in generating income for the government and as a method of discouraging or encouraging certain behaviors among taxpayers Distinguish among the various types of bankruptcy as outlined by the Bankruptcy Code Explain the role of deregulation as a tool to encourage competition A-3 EVE WRIGHT TAYLOR Miami Heat • Attended law school at the University of Indiana and worked for the LPGA before heading into the male dominated NBA • With the Miami Heat, Taylor may be asked for legal advice on issues regarding the stadium, marketing, sales, and playerrelated matters A-4 NAME that COMPANY As a federal government agency, we have a key role in mergers and acquisitions in the United States business community. Without our approval, mergers or acquisitions can be rejected. For example, we approved the merger of American Airlines with U.S. Airways, but rejected a merger between AT&T and TMobile. Name that organization! A-5 The NEED for LAWS LO A1 • Laws are a key part of a civilized society, but must change with the times • Judiciary The branch of government chosen to oversee the legal system through a system of courts • The U.S. courts system is organized at the federal, state, and local levels A-6 TYPES of COURT LO A1 • Trial courts hear cases of criminal and civil law • Appellate courts hear appeals from the losing party at the trial court level A-7 TYPES of LAW LO A1 • Criminal law defines crimes, establishes punishments, and regulates the investigation and prosecution of people accused of committing crimes • Civil law proceedings cover noncriminal acts divorce, personal injury lawsuits and more • Business Law Refers to the rules, statutes, codes and regulations that provide a legal framework for the conduct of business A-8 MAJOR AREAS of LAW LO A1 • Statutory Law Includes state and federal constitutions, legislative enactments, treaties of the federal government and ordinances; written law • Common Law The body of law that comes from decisions handed down by courts; unwritten law • Precedent Decisions judges have made in previous cases to guide their handling of new cases A-9 ADMINISTRATIVE AGENCIES LO A1 • Administrative Agencies Federal or state institutions and other government organizations with delegated power to create rules and regulations within their given area of authority • Examples of Administrative Agencies: - The Federal Reserve Board - The Securities and Exchange Commission - The Equal Employment Opportunity Commission - The Federal Trade Commission A-10 The CLAYTON ACT of 1914 LO A6 • The Clayton Act prohibits: - Exclusive dealing - Tying contracts - Interlocking directorates A-27 ANTITRUST LEGISLATION LO A6 • The Federal Trade Commission Act of 1914 created the FTC and prohibits unfair methods of competition in commerce • The Wheeler Lea Amendment of 1938 gave the FTC additional control over false and misleading ads • The RobinsonPatman Act of 1936 prohibits price discrimination and applies to buyers and sellers A-28 HISTORY of HIGH PROFILE ANTITRUST CASES LO A6 A-29 CONSUMER PROTECTIONS LO A6 • Consumerism A social movement that seeks to increase and strengthen the rights and powers of buyers in relations to sellers • The collapse of the real estate market and crisis in the banking industry led to the DoddFrank Wall Street Reform and Consumer Protection Act. • DoddFrank created the Consumer Financial Protection Bureau A-30 NUMBER of IDENTITY THEFT COMPLAINTS Source: Federal Trade Commission, www.ftc.gov, accessed July 2011 LO A6 A-31 TAXES LO A7 • Taxes The way federal, state, and local governments raise money • Some forms of taxes: - Income taxes - Property taxes - Sales taxes - Excise taxes A-32 SIN TAXES LO A7 State Tax Rates per Pack of Cigarettes Source: Tobacco Free Kids, www.tobaccofreekids.org, accessed November 2014 A-33 DO the RICH PAY TAXES? Source: IRS, Statistics of Income, www.irs.gov, accessed November 2014 LO A7 A-34 BANKRUPTCY LAWS LO A8 • Bankruptcy The legal process by which a person, business, or government entity, unable to meet financial obligations, is relieved of those debts by a court • Options of declaring bankruptcy: - Chapter 7: Straight bankruptcy - Chapter 11: Reorganization - Chapter 13: Repayment plan A-35 CHAPTER 7 BANKRUPTCY LO A8 • Creditors with secured claims receive their collateral or repossess the asset • Unsecured claims are paid in this order: 1) Costs of the bankruptcy case 2) Any business costs after filing 3) Wages, salaries, commissions 4) Contributions to employee benefits 5) Refunds to consumers for products not delivered 6) Federal and state taxes A-36 How ASSETS are DIVIDED in BANKRUPTCY LO A8 A-37 GOING, GOING, GONE LO A8 Big Bankruptcies of 20082014 • Circuit City • KB Toys • Linens N Things • Borders • City of Detroit A-38 DEREGULATING COMMERCE LO A9 • Deregulation The government withdraws certain laws and regulations that seem to hinder competition • Deregulation efforts were active in: - The airline industry - Telecommunication - Some public utilities A-39 HAMBURGER REGULATIONS LO A9 A-40 TEST PREP • What is the primary purpose of antitrust law? • Describe the different bankruptcy provisions under Chapters 7, 11, and 13 • What is deregulation? Give examples of successful and unsuccessful deregulation A-41 ... They must be written and signed by the maker or drawer Be made payable on demand or at a certain time Be made payable to the bearer Contain an unconditional promise to pay a specified amount A- 22 CONTRACT LAW LO A 5 •... A- 10 ADMINISTRATIVE AGENCIES LO A 1 A- 11 TEST PREP • What is business law? • What is the difference between statutory and common law? • What is an administrative agency? A- 12 WHAT is TORT LAW?... Code (UCC) A comprehensive commercial law that covers sales laws and other commercial laws • The UCC has 11 articles that contain laws covering a wide range of business issues A- 20 UNDERSTANDING WARRANTIES
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