[...]... snapshots of the organization of the legal system and provide a sense of the wide variety of interests and activities that the law affects Law can be classified in many different ways The first classification provided here is based upon the type of law involved (See Exhibit 1.1.) The broad category of law can be divided into two basic areas: criminal law and civil law Criminal law deals with a violation of. .. unscrupulous marketing practices Finally, the state courts can create common law through their opinions Contract and tort law, for example, are still largely matters of state common law, which means that judicial opinions are an important primary source of state law in these areas Secondary Sources of the Law Numerous secondary sources of the law exist Among the most influential of these are the Restatements of. .. respects, then, this chapter is a preview of coming attractions and is intended to help orient you as you begin your study of the law of marketing In light of this goal, this chapter begins by providing several classifications of the law so that you can understand the larger picture of the various types of law that exist within the American legal system It then discusses the primary and secondary sources of. .. in these courts determine the facts of the case and take the first stab at applying the law to those facts In the American legal system, the person who starts a civil lawsuit is known as the plaintiff The person who is being sued is known as the defendant The plaintiff has the burden of proof, which means that the plaintiff must show, usually by a preponderance of evidence, that it should prevail The. .. environment in which marketing activities occur As is shown throughout the remainder of the book, many types of law impact marketing activities Some of this law is statutory, while some arises under court opinions, the U.S Constitution, or the rules and regulations of administrative agencies Some of the law is found at the federal level, some at the state, or even local, level Some types of law impose duties... to be the “supreme law of the land.” It establishes the three branches of the federal government—legislative, judicial, and executive—and addresses the powers and limitations of each of those branches It restricts the power of the federal government and guarantees the rights and liberties of the people No law whether created by the legislative, judicial, or executive branch or by the federal or a state... on the many areas in which law and marketing intersect The Law of Marketing is the book that will help you achieve your educational goals in a marketing law course Business students cannot assume that a single book or course on marketing law will make them an expert in the legal issues that might arise in their careers; nor can they assume that a single lawyer will be able to fully address all the. .. Professor of Business Law and Michael R and Mary Kay Hallman Fellow at the Stephen M Ross School of Business at the University of Michigan She received her A.B., M.B.A., and J.D degrees from the University of Michigan While at the Michigan Law School, she served on the editorial board of the Michigan Law Review She clerked for the Honorable Cornelia G Kennedy of the U.S Court of Appeals for the Sixth Circuit... Editor of Environmental Law for the Real Estate Law Journal Professor Oswald has taught at the University of Florida Law School and the University of Michigan Law School She was a visiting scholar at China University of Political Science and Law in Beijing, PRC, and at Lviv State University in Lviv, Ukraine; a visiting professor at the University of Sydney in Sydney, Australia; and a Visiting Professor of. .. and Sales of Goods Law: This chapter focuses on the fundamental common law contract principles, the basic provisions of UCC law pertaining to the sale of goods, and the Convention on the International Sale of Goods • Chapter 10: Warranties and Products Liability: This chapter examines the law pertaining to warranties on sales of goods and to products liability Key Features The chapters consist of textual . Introduction to Marketing Law CHAPTER 1 Overview of the Legal Environment of Marketing Activities 3 Introduction 3 Classifications of the Law 3 Sources of the Law. understanding of the complexity and relevance of the various types of law that impact the marketing function, the informed student can meet these challenges