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Law for Business and Personal Use, 19e
Ch. 1, p. 19
http://mlk-kpp01.stanford.edu/index.php/kingpapers/article/chapter_2_morehouse_college/
Access and click on the link for Chapter 1. Read the excerpt from Dr. Martin Luther King’s autobiography. How did Henry David Thoreau’s essay on “Civil Disobedience” influence Dr. King’s development as a civil rights activist?
Answer: Students’ answers should demonstrate they read the material on the web site. They might say that Thoreau’s essay influenced Dr. King by introducing him to the theory of nonviolent resistance, and the refusal to cooperate with an “evil system.” Dr. King viewed racial discrimination as an evil system he was determined to address. He decided that to not cooperate with, and moreover, to resist this evil system was his moral obligation.
Chapter 2, ms. 32
Failed amendments:
Amendments recently proposed by Congress:
Access and click on the link for Chapter 2. Check out the “failed amendments”—amendments that never received the level of support needed to ratify them—or amendments recently proposed by Congress. Choose one of the failed or proposed amendments. Write a paragraph describing the amendment, and then explain whether you agree or disagree with it.
Answer: Students are directed to two URLs within the “U.S. Constitution Online” website. The “failed amendments” include Article 1 of the original Bill of Rights, the Anti-Title Amendment, the Slavery Amendment, the Child Labor Amendment, the Equal Rights Amendment (ERA), and the Washington, D.C., Voting Rights Amendment. The web page concerning the amendments recently proposed by Congress lists the amendments proposed by the 102nd through 109th sessions of Congress. If students choose one of these amendments, they will need to access further information by clicking on the “Thomas database” link. Once in the Thomas site, click on “Text Search” under “Congressional Record.” Then type “Proposed Constitutional Amendments” or key words from the one of the amendments in the search box.
Chapter 3, p. 53
http://www.supremecourtus.gov/
Access and click on the link for Chapter 3. Examine several of the topics on the home page of the official website of the U.S. Supreme Court. Write down one fact you learned about the Court and be prepared to share it in class.
Answer: Students should examine several of the areas and then write one fact they learned about the court. Some such as “docket” or “orders” will not provide much usable information. However, “about the Supreme Court,” “public information,” and “jobs” will be of interest.
Chapter 4, p. 72
Access and click on the link for Chapter 4. Compare Amnesty International’s reports on rights abuses for the United States and France. Write a one-page report on your findings.
Answer: Note the alleged rights abuses cited by Amnesty International as being committed by the United States in its war on terror. Even if accurate, ask the students if they feel these abuses are justified to avoid another 9/11 or not. Ask them to support their answers.
Chapter 5, p. 99
Being an “expert witness” is a growth industry. For an idea of the breadth of experts available, access and click on the link for Chapter 5. Choose one of the categories, and write a paragraph describing a civil case that might cause the defense or prosecution team to hire that type of expert witness.
Answer: Encourage students to use creativity and imagination in describing cases that use the type of expert witness they have chosen. Call on a few students to read their descriptions in class.
Chapter 6, p. 116
Access and click on the link for Chapter 6. After reading the selection, choose a partner. Working with your partner, invent a scenario of a preliminary discussion you might have with someone before making them an offer on a good or a position. Role-play the scenario in class.
Answer: Students' role-plays should contain questions they would ask in advance of making an offer about the attributes of the good or the qualifications of the person.
Chapter 7, p. 137
http://www.irs.gov/compliance/enforcement/article/0,,id=213772,00.html
Some businesspeople and individuals are tempted to commit acts of fraud with regard to paying taxes. Access and click on the link for Chapter 7. Read the examples of tax fraud cases on the Internal Revenue Service web page. Choose one of the cases and write a summary of the facts involved.
Answer: Students may be surprised at the number of cases presented on the web page. Have them present the facts of their case in small groups or to the class. Discuss the similarities and differences between the cases.
Tell students that if they want to report or just know more about tax fraud schemes, the IRS maintains a toll-free number: 1-866-231-0135. Any report of tax fraud is confidential and may obtain a potential reward. Tax fraud also can be reported on line at
Chapter 8, p. 149
Access and click on the link for Chapter 8. Using the online dictionary, look up the terms illusory promise, output contract, and requirements contract. Think of an example for each of these concepts, and write your examples down on a sheet of paper. Share your examples in class.
Answer: Note that, at law, a well-known paraphrase of almost any illusory promise is “I will if I want to.” Common sense dictates that any “promise” that conveys this meaning cannot be relied on nor enforced against a party to litigation. The courts often delegate to a jury panel the responsibility for determining as a matter of fact if a statement is illusory or not.
Chapter 9, p. 162
Click on the link for Chapter 9 on to access the web site of the National Conference of State Legislatures. Locate your state in the chart entitled “Termination of Child Support and Support Beyond Majority.” Write down the age
in your state at which parents can legally terminate support. Then write the description of parents’ duty to provide post-majority support in your state. Compare your state’s treatment with that in surrounding states. Write a paragraph describing any major differences you notice among the states, citing specific examples.
Answer: Have students research their state’s laws to determine what types of decisions that their parents or other adults must approve for their minor children before they can be legally effectuated. (For example: marriage, terminating school attendance, attending movies, changing name, making a valid will, residing with non-custodial parent)
Chapter 10, p. 179
http://www.law.cornell.edu/ucc/search/display.html?terms=statute%20of%20frauds&url=/ucc/2/article2.htm#s2-201
Access and click on the link for Chapter 10. You will be directed to the text of the Uniform Commercial Code (UCC) Article 2 – Sales. Which part and section of the document contains information regarding unconscionable contracts or terms? Read the section and answer these questions. (1) What may the court do if it finds the contract or any term of the contract to have been unconscionable at the time it was made? (2) What opportunity will the court give the parties to the contract if the contract or any term appears to be unconscionable?
Answers: Unconscionable contracts or terms are explained in PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT, § 2-302. (1) The court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable term, or it may limit the application of any unconscionable term as to avoid any unconscionable result. (2) The parties will be given an opportunity to present evidence as to the commercial setting, purpose, and effect of the contract or term to aid the court in making the determination. Encourage students to use this document to research the language the UCC uses to explain other concepts in this chapter.
Chapter 11, p. 198
Access and click on the link for Chapter 11. You will be directed to a web page that lists articles about breach of contract cases. Choose one of the cases and analyze it. Prepare a short oral presentation on the case to give to your classmates.
Answer: The website lists articles for 600 cases on breach of contract. If desired, assign students to a specific case to make sure the presentations are not duplicated. Have them use the six-step framework used in this text for analyzing cases: (1) the identity of the parties, (2) the court in which the case was heard, (3) the issue of the case (which relates to the chapter content), (4) the arguments of both parties, (5) the decision of the court,
and (6) the reasoning of the court in making its decision.
Chapter 12, p. 214
http://topics.law.cornell.edu/wex/table_marriage
Access and click on the link for Chapter 12. Examine the table entitled “Marriage Laws of the Fifty States, the District of Columbia and Puerto Rico.” Locate the marriage laws for your state, and write a paragraph explaining them.
Answer: Students will examine the website and pull out the information that pertains to your state. As an alternate activity, assign a different state to each student, and have them present their findings to the class.
Chapter 13, p. 239
Access and click on the link for Chapter 13. Read the definitions given for “adhesion contract.” Are all adhesion contracts unconscionable? Explain your answer.
Answer: No, not all adhesion contracts are unconscionable. Standardized contracts are necessary for businesses in order to conduct business. They would not be able to conclude all their transactions if they had to negotiate all the terms of every contract.
Chapter 14, p. 257
Access and click on the link for Chapter 14. Read the article about the American Law Institute’s Principles of the Law of Software Contracts. According to the article, even though they are meant to protect software consumers, these principles could “stifle innovation and raise the cost of software.” Explain why this would happen.
Answer: According to the article, the principles do not take into consideration the “inherently buggy nature” of software when it is first released. If software developers where held to selling software free of any defects of which they were aware, they would not be able to release software as early as they typically do; this result in higher development costs and these costs would be passed on to consumers. It would stifle innovation because developers would not be as inclined to work on products they know will be expensive to develop.
Chapter 15, p. 267
Access and click on the link for Chapter 15. Click on Recall and Safety Alerts and then on one of the press releases. Prepare a short oral report to the class that describes the nature of the product recall as explained in the announcement. Note that you can sign up on this website to be notified by e-mail of new product recalls and class-action suits.
Answer: Inform students that lists of past recalls can be located in their libraries in archived volumes of various consumer magazines. Also, students should be aware that product recalls often are preceded and/or followed by class-action suits against the manufacturer that involve direct contact with the consumer by the law firm handling the case.
Chapter 16, p. 293
http://www.copyright.gov/
Access and click on the link for Chapter 16. In the
U.S. Copyright Office website, choose one of the categories listed under “How to Register a Work.” Plan a short presentation on how to go about registering a copyright for this category.
Answer: Note that if a student wants to protect his or her web site from “site-napping,” there are currently two means. The first is to employ technology by placing a digital watermark in the web page code or to employ a “spider” to figuratively crawl around the Net to find matching sites. The second is through copyright protection, BUT the applicant must show ownership of all the art, code, etc., on the site.
Chapter 17, p. 309
Access and click on the link for Chapter 17. Study the contract for the consignment of merchandise or products to a reseller. Be prepared to explain one or more of the contract terms to your classmates.
Answer: This is one of the more detailed contracts found on the Internet for the consignment of merchandise. You may want to make copies of the contract and distribute them to students. Assign students to study the entire contract or just specific sections. Then call on specific students or call on students at random to explain each section.
Chapter 18, p. 327
Sometimes local governments try to use eminent domain to acquire property they then resell to other private parties for redevelopment projects. Access and click on the link for Chapter 18. The Castle Coalition is a group that helps people protect their ownership rights in these situations. What must the government prove in order to acquire property for purposes other than public use? What can you do if you are faced with such a situation?
Answer: Point out to students that often a local government will “over condemn” and thereby acquire too much land for a public project. It then will follow through with the central project, for example a domed stadium, for which the land was acquired using eminent domain. However, the land not used for the main purpose will be sold to businesses who intend to profit from their proximity to the main undertaking, such as by establishing restaurants, bars, parking garages, and the like.
Chapter 19, p. 351
Access and click on the link for Chapter 19. Many websites are available to help you become a wise consumer of automobile insurance. Click on one of the “Auto Insurance Basics” articles on the website. Read one of the articles. Write down one fact a consumer of auto insurance would find helpful. Be prepared to share your fact in class.
Answer: Tell students to bring their fact to class. Go around the room asking students to read their facts. Hold a class discussion on how to become an informed consumer of automobile insurance and why this is important.
Chapter 20, p. 373
Access and click on the link for Chapter 20. Read “The Will versus Trust Debate” and then answer the questions.
1. Does life insurance go through probate?
2. When an estate goes through probate, does the public have access to information
about how it is to be distributed?
3. Can trusts ever be open to public view? If so, under what circumstances?
4. Are the actions of a trustee supervised by a court?
Answers: 1. No, 2. Yes, 3. Yes, when they are challenged or disputed, 4. No. Point out that most wealthy families in America have trusts that own large commercial properties and manage them for the benefit of the surviving descendents of the settlor. Occasionally, details of these trusts become public, and students can read about them in news reports.
Chapter 21, p. 389
Access and click on the link for Chapter 21. Read the Power of Attorney FAQ, and then answer the following questions.
1. Which type of power of attorney gives the person you choose full power to manage
your assets and financial affairs while you are alive?
2. Which type of power of attorney stays valid even if you become unable to handle your
own affairs?
3. Which type of power of attorney conveys only specific powers to the agent?
Answers: (1) general power of attorney, (2) durable power of attorney, (3) limited power of attorney. Note that in most states a power of attorney can never confer the power to make a will or a living will for the principal, nor can it be used to force the principal to take an action against her or his desire.
Chapter 22, p. 406
http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp
Click on the link for Chapter 22 at Read the information on the U.S. Department of Labor’s State Unemployment Insurance Benefits web page, and then answer these questions: (1) How are unemployment benefits funded in most states? (2) What is the “base period” for wages earned or time worked upon which unemployment benefits are based in most states? (3) How long does it generally take from the time you file a claim to receive your first benefit check? To learn the procedures for filing a claim in your state, click on the link under “Filing a Claim.”
Answer: (1) Unemployment benefits in most states are funded through a tax imposed on employers. (2) The typical base period is the first four out of the last five completed calendar quarters prior to the time that your claim is filed. (3) It generally takes two to three weeks after filing to receive your first benefit check.
Chapter 23, p. 420
http://www.nlrb.gov/
Access and click on the link for Chapter 23 to the National Labor Relations Board website. According to the website, what does the National Labor Relations Act guarantee? Under the NLRA, employees have the right to engage in “protected concerted activities.” Find the definition for this term on the website.
Answers: According to the NLRB website, the NLRA “guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activities with or without a union, or to refrain from all such activity.” Protected concerted activities are group activities which seek to modify wages or working conditions. Note also that the website has a video on conducting an NLRA election. You may want to recommend to students that they view this video or play the video in class when you discuss this topic.