Business Law Text & Exercises 11th Edition Solutions Manual | Roger LeRoy Miller

Business Law: Text & Exercises, 11th Edition

Roger LeRoy Miller


SOLUTIONS MANUAL


Includes All Chapters (1 to 44)




Solutions Manual | Business Law: Text & Exercises, 11th Edition by Roger LeRoy Miller

,Solution and Answer Guide: Miller, Business Law: Text and Exercises, 11e, Core ISBN; Chapter 1: Introduction to the Law




Solution and Answer Guide
MILLER, BUSINESS LAW: TEXT AND EXERCISES, 11E, CORE ISBN; CHAPTER 1: INTRODUCTION TO
THE LAW



TABLE OF CONTENTS
Answers to Straight to the Point ......................................................................................... 1
Answers to Issue Spotters .................................................................................................. 2
Answers to Real Law ........................................................................................................... 3
Answers to Ethical Questions ............................................................................................. 5
Answers to Work Set ........................................................................................................... 6
True-False Questions ................................................................................................................. 6
Multiple-Choice Questions ........................................................................................................ 7
Answering More Legal Problems ............................................................................................ 10




ANSWERS TO STRAIGHT TO THE POINT
1A. Why is knowledge of business law essential for any businessperson?

Solution
Knowledge of the laws and regulations governing business is essential to the making of
good business decisions. Determining the best course of action in a given situation
requires evaluating how the law might apply.

2A. What is the common law?

Solution
The common law is a body of law developed from court decisions. These decisions
reflect the customs and traditions within the jurisdiction of the courts.

3A. When and why does a court apply the decision of another court to determine the
result in a case?

Solution
In a common law system, court decisions, and the principles behind them, are applied
to resolve similar disputes in a consistent way. This is the doctrine of precedent, or
stare decisis.




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,Solution and Answer Guide: Miller, Business Law: Text and Exercises, 11e, Core ISBN; Chapter 1: Introduction to the Law


4A. What are some of the remedies that a party can obtain from a court to make a wrong
situation right?

Solution
The normal remedy at law is the payment of money, or damages. If money is not
enough to make a situation right, a party might be ordered to do specifically what he
or she promised. Or a contract might be cancelled, and the contracting parties
returned to the positions they held before the deal.

5A. Which aspects of a business’s operation do the rules, orders, and decisions of
administrative agencies affect?

Solution
The rules, orders, and decisions of administrative agencies affect almost every aspect
of a business’s operation. These include a business’s capital structure and financing,
hiring and firing procedures, relations with employees and unions, and making and
selling of products.

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ANSWERS TO ISSUE SPOTTERS
1A. Under what circumstances might a judge rely on case law to determine the intent and
purpose of a statute?

Solution
Case law includes courts’ interpretations of statutes, constitutional provisions, and
administrative rules. Statutes often codify common law rules. For these reasons, a
judge might rely on the common law as a guide to the intent and purpose of a statute.

2A. The First Amendment provides protection for the free exercise of religion. A state
legislature enacts a law that outlaws all religions that do not derive from the Judeo-
Christian tradition. Is this law valid within that state? Why or why not?

Solution
No. The U.S. Constitution is the supreme law of the land and applies to all
jurisdictions. A law in violation of the Constitution (in this question, the First
Amendment to the Constitution) will be declared unconstitutional.

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, Solution and Answer Guide: Miller, Business Law: Text and Exercises, 11e, Core ISBN; Chapter 1: Introduction to the Law



ANSWERS TO REAL LAW
1-1A. Stare Decisis. Orlando Garcia filed a lawsuit against Gateway Hotels contending that, in
violation of the Americans with Disabilities Act (ADA), the company’s website failed to
indicate whether any of its rooms would accommodate his disability. After a court
ruled that Gateway’s website did comply with the ADA, the company sought an award
of attorney’s fees, as allowed by federal law. Garcia countered that his case was not
“frivolous” and therefore he should not be forced to cover the hotel chain’s legal
costs. Gateway pointed out that, according to a previous United States Supreme Court
ruling, attorney’s fees could be awarded in such cases even if the original lawsuit was
not frivolous. What is the doctrine of stare decisis? Applying it in this case, will the
court side with Gateway? Explain. [Garcia v. Gateway Hotel, LP, 82 F.4th 750 (9th Cir.
2023)]

Solution
The doctrine of stare decisis is the practice of deciding cases with reference to
previous decisions. This is an important principle of our judicial system. Under this
doctrine, courts are obligated to follow the precedents established within their
jurisdictions. A precedent is a decision that stands as an example or authority for
deciding subsequent cases involving identical or similar legal principles or facts.

In Brown v. Lucky Stores (2001), the U.S. Court of Appeals for the Ninth Circuit (the
authority deciding this case) ruled that ADA defendants could not recoup the legal
costs of a failed discrimination lawsuit unless the action was “frivolous, unreasonable,
or groundless.” Twelve years later, with its Marx v. General Revenue Corp. decision, the
United States Supreme Court held that a district court has the discretion to award
legal fees to a defendant regardless of whether the plaintiff’s legal action was in bad
faith.

Applying the doctrine of stare decisis, the U.S. Court of Appeals for the Ninth Circuit
concluded that “our decision in Brown cannot be reconciled with the Court's decision
in Marx, and therefore it has been effectively overruled.” Therefore, in this case, at the
district court’s discretion, Garcia could be found liable for those costs that Gateway
incurred in defending itself against Garcia’s failed ADA lawsuit.

1-2A. Stare Decisis. A patent is an exclusive right granted to the creator of an invention.
Under U.S. law, a patent owner possesses that right for twenty years. The owner can
allow another party to make and market a product based on the invention in exchange
for a payment of royalties on the sales. According to the United States Supreme Court
in a case known as the Brulotte decision, a contract to pay royalties after a patent has
expired is unenforceable. Stephen Kimble owned the patent to a toy glove that could
shoot foam intended to look like the web of Marvel Comics’ Spider-Man. Kimble
agreed to allow Marvel Entertainment, LLC, to sell its version of the toy. Marvel agreed
to pay Kimble a royalty of 3 percent on the sales. Their contract did not specify an end
date. After the patent expired, Marvel sued to stop the payments. What is the doctrine
of stare decisis? What are the arguments for and against applying it the doctrine of
stare decisis in this case? Discuss. [Kimble v. Marvel Entertainment, LLC, 135 S.Ct. 2401,
192 L.Ed.2d 463 (2015)]




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