Solution manual for business law today the essentials text
and summarized cases 13th edition by roger leroy miller 1
,Solution and Answer Guide
Miller, Business Law Today, The Essentials Text & Summarized Cases 13e, 9780357635346; Chapter 01:
Legal and Constitutional Foundations of Business
Table of Contents
Critical Thinking Questions in Features..............................................................................................................................1
Adapting the Law to the Online Environment ...............................................................................................................1
Critical Thinking Questions in Cases ..................................................................................................................................2
Case 1.1 ..............................................................................................................................................................................2
Case 1.2 ..............................................................................................................................................................................3
Case 1.3 ..............................................................................................................................................................................3
Chapter Review......................................................................................................................................................................4
Practice and Review ..........................................................................................................................................................4
Practice and Review: Debate This....................................................................................................................................5
Issue Spotters .....................................................................................................................................................................5
Business Scenarios and Case Problems ...........................................................................................................................5
Critical Thinking and Writing Assignments ............................................................................................................... 10
Critical Thinking Questions in Appendix Exhibit 1A 3................................................................................................. 11
Exhibit 1A 3................................................................................................................................................................... 11
Critical Thinking Questions in Features
Adapting the Law to the Online Environment
1. One observer has said that the American legal system should evaluate social media companies based on how
―they affect us as citizens, not only [on how] they affect us as consumers.‖ What is your opinion of this
statement?
Solution
The person who made this statement clearly sees a ―citizen‖ as having different motivations and concerns than a
―consumer.‖ Presumably, a citizen is mostly concerned with the good of society as a whole, and therefore would be
open to the idea of government regulation that restricted the negative influence of social media, regardless of the
First Amendment. A consumer, by contrast, would be primarily concerned with having a marketplace that offers
the widest possible varieties of freedom (of choice, of speech, etc.) and would for that reason be opposed to
government regulation of social media. There is, however, an argument to be made that the citizens that make up a
society benefit when the marketplace of ideas whether they are subjectively
―positive‖ or ―negative‖ is allowed to flourish in the absence of government regulation.
2. Tim Cook, chief operating officer, has suggested that the United States Congress should pass a law
limiting the ability of Apple and other tech countries to keep consumer data private. Why would a business
1
,executive make such a request?
2
, Solution
Cook may have wanted to end a controversy that puts Apple squarely at odds with the federal government. After
all, large companies such as Apple rely on favorable treatment from the government in regulatory matters,
international trade agreements, and many other areas. Also, large corporations such as Apple sometimes gain an
advantage over competitors when their industries are regulated. For example, Apple has significant resources with
which to lobby Congress for favorable treatment, and it is better positioned to bear the costs of regulation than are
other, smaller tech companies. Finally, be damaged if it
―caved‖ and changed its stance without being forced to do so by a new federal law.
Critical Thinking Questions in Cases
Case 1.1
1. What ―dangerous conditions‖ might have prompted the city to enact the ordinances at issue in this case? Why?
Solution
As noted in the facts of the case, both ordinances at issue included an extensive rationale for their adoption, stating
essentially that a geographically small city has the right to restrict a
business from operating within the city when the restriction is for the safety of the citizens and visitors.
The appellate court referred to ―the dangerous conditions‖ created by the irresponsible driving behavior of scooter
renters, especially at night, amplified by the lack of training, supervision, and oversight practiced by the rental
scooter businesses that ―existed throughout the entire city‖ as the basis for the regulation. The court
paraphrased the expressive clauses in the ordinances more specifically:
• The City is geographically small and crowded and is being besieged by inexperienced scooter drivers seeking
amusement and driving in a dangerous manner.
• The City is a tourist destination frequented by tens of thousands, and its streets are congested by scooters that
are being driven illegally and in areas where they are not permitted.
• dents and visitors are put in dangerous situations as a result of the improper use of scooters,
especially at night.
• City businesses have complained about numerous trespasses on their property by people driving scooters while
being disruptive
• City police have been unable to cope with the situation and essential police resources are being drained.
• The City has been unable to control the situation through less restrictive means.
3
and summarized cases 13th edition by roger leroy miller 1
,Solution and Answer Guide
Miller, Business Law Today, The Essentials Text & Summarized Cases 13e, 9780357635346; Chapter 01:
Legal and Constitutional Foundations of Business
Table of Contents
Critical Thinking Questions in Features..............................................................................................................................1
Adapting the Law to the Online Environment ...............................................................................................................1
Critical Thinking Questions in Cases ..................................................................................................................................2
Case 1.1 ..............................................................................................................................................................................2
Case 1.2 ..............................................................................................................................................................................3
Case 1.3 ..............................................................................................................................................................................3
Chapter Review......................................................................................................................................................................4
Practice and Review ..........................................................................................................................................................4
Practice and Review: Debate This....................................................................................................................................5
Issue Spotters .....................................................................................................................................................................5
Business Scenarios and Case Problems ...........................................................................................................................5
Critical Thinking and Writing Assignments ............................................................................................................... 10
Critical Thinking Questions in Appendix Exhibit 1A 3................................................................................................. 11
Exhibit 1A 3................................................................................................................................................................... 11
Critical Thinking Questions in Features
Adapting the Law to the Online Environment
1. One observer has said that the American legal system should evaluate social media companies based on how
―they affect us as citizens, not only [on how] they affect us as consumers.‖ What is your opinion of this
statement?
Solution
The person who made this statement clearly sees a ―citizen‖ as having different motivations and concerns than a
―consumer.‖ Presumably, a citizen is mostly concerned with the good of society as a whole, and therefore would be
open to the idea of government regulation that restricted the negative influence of social media, regardless of the
First Amendment. A consumer, by contrast, would be primarily concerned with having a marketplace that offers
the widest possible varieties of freedom (of choice, of speech, etc.) and would for that reason be opposed to
government regulation of social media. There is, however, an argument to be made that the citizens that make up a
society benefit when the marketplace of ideas whether they are subjectively
―positive‖ or ―negative‖ is allowed to flourish in the absence of government regulation.
2. Tim Cook, chief operating officer, has suggested that the United States Congress should pass a law
limiting the ability of Apple and other tech countries to keep consumer data private. Why would a business
1
,executive make such a request?
2
, Solution
Cook may have wanted to end a controversy that puts Apple squarely at odds with the federal government. After
all, large companies such as Apple rely on favorable treatment from the government in regulatory matters,
international trade agreements, and many other areas. Also, large corporations such as Apple sometimes gain an
advantage over competitors when their industries are regulated. For example, Apple has significant resources with
which to lobby Congress for favorable treatment, and it is better positioned to bear the costs of regulation than are
other, smaller tech companies. Finally, be damaged if it
―caved‖ and changed its stance without being forced to do so by a new federal law.
Critical Thinking Questions in Cases
Case 1.1
1. What ―dangerous conditions‖ might have prompted the city to enact the ordinances at issue in this case? Why?
Solution
As noted in the facts of the case, both ordinances at issue included an extensive rationale for their adoption, stating
essentially that a geographically small city has the right to restrict a
business from operating within the city when the restriction is for the safety of the citizens and visitors.
The appellate court referred to ―the dangerous conditions‖ created by the irresponsible driving behavior of scooter
renters, especially at night, amplified by the lack of training, supervision, and oversight practiced by the rental
scooter businesses that ―existed throughout the entire city‖ as the basis for the regulation. The court
paraphrased the expressive clauses in the ordinances more specifically:
• The City is geographically small and crowded and is being besieged by inexperienced scooter drivers seeking
amusement and driving in a dangerous manner.
• The City is a tourist destination frequented by tens of thousands, and its streets are congested by scooters that
are being driven illegally and in areas where they are not permitted.
• dents and visitors are put in dangerous situations as a result of the improper use of scooters,
especially at night.
• City businesses have complained about numerous trespasses on their property by people driving scooters while
being disruptive
• City police have been unable to cope with the situation and essential police resources are being drained.
• The City has been unable to control the situation through less restrictive means.
3
