Contents - Part One Foundations of American Law 1 The Nature of Law 2 Types and Classifications of Law 2 The Types of Law 2 Priority Rules 7

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Part One: Foundations of American Law 1. The Nature of Law – 2 Types and Classifications of Law – 2 The Types of Law – 2 Priority Rules – 7 Classifications of Law – 8 Jurisprudence – 8 Legal Provision – 8 Natural Law – 8 American Legal Realism – 10 Sociological Jurisprudence – 11 The Functions of Law – 11 Legal Reasoning – 12 Case Law Reasoning – 12 Statutory Interpretation – 15 Limits on the Power of Courts – 21 2. The Resolution of Private Disputes – 27 State Courts and Their Jurisdiction – 27 Courts of Limited Jurisdiction – 27 Trial Courts – 27 Appellate Courts – 28 Jurisdiction and Venue – 28 Federal Courts and Their Jurisdiction – 34 Federal District Courts – 34 Specialized Federal Courts – 35 Federal Courts of Appeals – 35 The U.S. Supreme Court – 35 Civil Procedure – 37 Service of Summons – 37 The Pleadings – 38 Motion to dismiss – 38 Discovery – 39 Summary Judgment – 42 The Pretrial Conference – 44 The Trial – 44 Appeal – 45 Enforcing a Judgment – 45
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Class Actions – 46 Alternative Dispute Resolution – 46 Common Forms of ADR – 47 Other ADR Devices – 49 3. Business and the Constitution – 53 An Overview of the U.S. Constitution – 53 The Evolution of the Constitution and the Role of the Supreme Court – 54 The Coverage and Structure of This Chapter – 55 State and Federal Power to Regulate – 55 State Regulatory Power – 55 Federal Regulatory Power – 55 Independent Checks on the Federal Government and the States – 60 Incorporation – 61 Government Action – 61 Means – Ends Tests – 62 Business and the First Amendment – 62 Due Process – 69 Equal Protection – 69 Independent Checks Applying Only to the States – 81 The Contract Clause – 81 Burden on, or Discrimination against, Interstate Commerce – 81 Federal Preemption – 86 The Takings Clause – 86 4. Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking – 92 Why Study Business Ethics? – 93 The Corporate Social Responsibility Debate – 93 Ethical Theories – 95
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This note was uploaded on 03/16/2009 for the course BUS 375 taught by Professor Vangraffland during the Fall '08 term at SUNY Brockport.

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Contents - Part One Foundations of American Law 1 The Nature of Law 2 Types and Classifications of Law 2 The Types of Law 2 Priority Rules 7

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