Solutions Manual for Cengage Advantage Books Fundamentals of
Business Law Summarized Cases 9th Edition by Roger LeRoy
Miller
,36 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
Chapter 2
Traditional and Online
Dispute Resolution
INTRODUCTION
Despite the substantial amount of litigation that occurs in the United States, the experience of many students
with the American judicial system is limited to little more that some exposure to traffic court. In fact, most persons
have more experience with and know more about the executive and legislative branches of government than they
do about the judicial branch. This chapter provides an excellent opportunity to make many aware of the nature
and purpose of this major branch of our government.
One goal of this text is to give students an understanding of which courts have power to hear what disputes and
when. Thus, the first major concept introduced in this chapter is jurisdiction. Careful attention is given to the
requirements for federal jurisdiction and to which cases reach the Supreme Court of the United States. It might
be emphasized at this point that the federal courts are not necessarily superior to the state courts. The federal
, CHAPTER 2: TRADITIONAL AND ONLINE DISPUTE RESOLUTION 37
court system is simply an independent system authorized by the Constitution to handle matters of particular
federal interest.
This chapter also covers the nuts and bolts of the judicial process.
Finally, the chapter reviews alternatives to litigation that can be as binding to the parties involved as a court’s
decree. Thus, alternative dispute resolution, including methods for settling disputes in online forums, is the
chapter’s third major topic.
Among important points to remind students of during the discussion of this chapter are that most cases in the
textbook are appellate cases (except for federal district court decisions, few trial court opinions are even published),
and that most disputes brought to court are settled before trial. Of those that go through trial to a final verdict,
less than 4 percent are reversed on appeal. Also, it might be emphasized again that in a common law system,
such as the United States’, cases are the law. Most of the principles set out in the text of the chapters represent
judgments in decided cases that involved real people in real controversies.
ADDITIONAL RESOURCES —
35
© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website,
in whole or in part.
Full all chapters instant download please go to Solutions Manual, Test Bank site: downloadlink.org
, 38 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
VIDEO SUPPLEMENTS
The following video supplements relate to topics discussed in this chapter—
PowerPoint Slides
To highlight some of this chapter’s key points, you might use the Lecture Review PowerPoint slides
compiled for Chapter 2.
Business Law Digital Video Library
The Business Law Digital Video Library at www.cengage.com/blaw/dvl offers a variety of videos for group or
individual review. Clips on topics covered in this chapter include the following.
• Legal Conflicts in Business
Jurisdiction in Cyberspace—The software company finds itself being sued by a customer in Montana, but
the company claims that it doesn’t do business in Montana.
Alternative Dispute Resolution: International Sales and Lease Contracts—The advertising firm ordered a
quantity of jalapenos from Mexico. When the shipment arrived, the advertiser found that the full quantity
was not delivered.
CHAPTER OUTLINE
I. The Judiciary’s Role in American Government
The essential role of the judiciary is to interpret and apply the law to specific situations.
A. JUDICIAL REVIEW
The judiciary can decide, among other things, whether the laws or actions of the other two branches
are constitutional. The process for making such a determination is known as judicial review.
B. THE ORIGINS OF JUDICIAL REVIEW
Judicial review was a new concept at the time of the adoption of the Constitution, but it is not
mentioned in the document. Its application by the United State Supreme Court came soon after the
United States began, notably in the case of Marbury v. Madision.
ANSWER TO LEARNING OBJECTIVE/FOR REVIEW QUESTION NO. 1
What is judicial review? The courts can decide whether the laws or actions of the legislative and executive branche
government are constitutional. The process for making this determination is judicial review.
Business Law Summarized Cases 9th Edition by Roger LeRoy
Miller
,36 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
Chapter 2
Traditional and Online
Dispute Resolution
INTRODUCTION
Despite the substantial amount of litigation that occurs in the United States, the experience of many students
with the American judicial system is limited to little more that some exposure to traffic court. In fact, most persons
have more experience with and know more about the executive and legislative branches of government than they
do about the judicial branch. This chapter provides an excellent opportunity to make many aware of the nature
and purpose of this major branch of our government.
One goal of this text is to give students an understanding of which courts have power to hear what disputes and
when. Thus, the first major concept introduced in this chapter is jurisdiction. Careful attention is given to the
requirements for federal jurisdiction and to which cases reach the Supreme Court of the United States. It might
be emphasized at this point that the federal courts are not necessarily superior to the state courts. The federal
, CHAPTER 2: TRADITIONAL AND ONLINE DISPUTE RESOLUTION 37
court system is simply an independent system authorized by the Constitution to handle matters of particular
federal interest.
This chapter also covers the nuts and bolts of the judicial process.
Finally, the chapter reviews alternatives to litigation that can be as binding to the parties involved as a court’s
decree. Thus, alternative dispute resolution, including methods for settling disputes in online forums, is the
chapter’s third major topic.
Among important points to remind students of during the discussion of this chapter are that most cases in the
textbook are appellate cases (except for federal district court decisions, few trial court opinions are even published),
and that most disputes brought to court are settled before trial. Of those that go through trial to a final verdict,
less than 4 percent are reversed on appeal. Also, it might be emphasized again that in a common law system,
such as the United States’, cases are the law. Most of the principles set out in the text of the chapters represent
judgments in decided cases that involved real people in real controversies.
ADDITIONAL RESOURCES —
35
© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website,
in whole or in part.
Full all chapters instant download please go to Solutions Manual, Test Bank site: downloadlink.org
, 38 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
VIDEO SUPPLEMENTS
The following video supplements relate to topics discussed in this chapter—
PowerPoint Slides
To highlight some of this chapter’s key points, you might use the Lecture Review PowerPoint slides
compiled for Chapter 2.
Business Law Digital Video Library
The Business Law Digital Video Library at www.cengage.com/blaw/dvl offers a variety of videos for group or
individual review. Clips on topics covered in this chapter include the following.
• Legal Conflicts in Business
Jurisdiction in Cyberspace—The software company finds itself being sued by a customer in Montana, but
the company claims that it doesn’t do business in Montana.
Alternative Dispute Resolution: International Sales and Lease Contracts—The advertising firm ordered a
quantity of jalapenos from Mexico. When the shipment arrived, the advertiser found that the full quantity
was not delivered.
CHAPTER OUTLINE
I. The Judiciary’s Role in American Government
The essential role of the judiciary is to interpret and apply the law to specific situations.
A. JUDICIAL REVIEW
The judiciary can decide, among other things, whether the laws or actions of the other two branches
are constitutional. The process for making such a determination is known as judicial review.
B. THE ORIGINS OF JUDICIAL REVIEW
Judicial review was a new concept at the time of the adoption of the Constitution, but it is not
mentioned in the document. Its application by the United State Supreme Court came soon after the
United States began, notably in the case of Marbury v. Madision.
ANSWER TO LEARNING OBJECTIVE/FOR REVIEW QUESTION NO. 1
What is judicial review? The courts can decide whether the laws or actions of the legislative and executive branche
government are constitutional. The process for making this determination is judicial review.
