journal business law

BUL 4421 – 006

92253

BUSINESS LAW I – LCVS

FALL 2013

SYLLABUS

BU 303

T-TH 9:00-10:20 A.M.

Professor Information

Maria Elena Ellison

Fleming 339

[email protected]

561 297 2060

561 391 3133

Office Hours

10:30-12:00 noon Tuesdays and Thursdays and by appointment.

Required Text and Materials

Business Law, Text and Cases, Clarkson, Miller, Cross, 12th Edition, Loose-leaf text CengageNow: 2 semester access code with full ebook access. You may wish to visit the publisher’s website for purchasing the text: http://www.cengagebrain.com/micro/5W0-WP9

Course Description

A survey course focusing on the legal aspects of business decision-making, including torts, contracts, Uniform Commercial Code, and debtor/creditor law. The course provides students with an understanding of the role of legal rules and their impact on business. Students learn through assignments that teach them to analyze issues and appreciate the philosophy behind court decisions.

Course Prerequisites and Credit Hours and Class Time Commitments

Prerequisite: Junior standing. Three credits.

According to Florida State Statute 6A-10.033, students must spend a minimum 2,250 minutes of in class time during a 3-credit course. Additionally, students enrolled in a 3-credit course are expected to spend a minimum of 4,500 minutes of out-of-class-time specifically working on course-related activities (i.e., reading assigned pieces, completing homework, preparing for exams and other assessments, reviewing class notes, etc.) and fulfilling any other class activities or duties as required.

Course Learning Objectives

* Develop knowledge of the law that applies to business including tort, contract, agency, business entities, securities, antitrust, property, debtor/creditor issues and regulations.

*    Understand the ethical implications of business decisions and practices in a business/professional environment.

*   Understand legal rules as they apply to business/professional decisions and practices.

*     Demonstrate analytical critical thinking by applying legal rules to hypothetical business scenarios.

*     Demonstrate analytical critical thinking by applying ethical principles to hypothetical business scenarios.

Course Evaluation Method

WRITTEN ASSIGNMENTS: There will be at least one written assignment, most likely several of them. I may give unannounced class assignments or tests either for practice in problem solving or for credit. In addition, there will be several very short assignments that I have labeled Miscellaneous Tasks. All assignments of whatever type MUST BE submitted via Blackboard.

Final Exam	25%
Written Activities	50%
Miscellaneous Activities	25%
Total	100

General rule: No make-up exams. Exception to the rule: In dire circumstances at the instructor’s discretion and ONLY if student has contacted me BEFORE THE EXAM.

Grading Scale:

A = 94 C = 74-76*

A- = 90-93 C- = 70-73

B+ = 87-89 D+ = 67-69

B = 84-86 D = 64-66

B- = 80-83 D- = 60-63

C+ = 77-79 F = 59 or below

* Minimum Passing Grade for College of Business Core Course. Check with your advisor to be sure.

Student Responsibility:

· It is your responsibility to check BLACKBOARD frequently for changes in assignments and for announcements. You are responsible for reading all announcements.

· IT IS YOUR RESPONSIBILITY TO HAVE AN FAU E-MAIL ADDRESS AND TO CHECK YOUR FAU E-MAIL FOR MESSAGES FREQUENTLY. IT IS UNACCEPTABLE TO ADVISE ME THAT YOU DO NOT USE YOUR FAU E-MAIL OR THAT YOU DON’T CHECK IT. The University can help you forward the FAU E-mail to your personal E-mail if you do not wish to check FAU’S website for E-mail.

· BLACKBOARD ONLY USES FAU E-MAIL, THEREFORE, YOU MUST HAVE AN FAU E-MAIL TO BE ENROLLED IN THIS CLASS.

· Please use the Blackboard email feature when communicating with me by email.

Additional Course Policies

Missing Exams

You will receive an F for any missing exams. Every effort should be made to take exams as scheduled in the course schedule. If you are unable to complete an exam due to an illness or emergency, you must notify the professor by e-mail within 24 hours after the exam, and documentation is required. I do not consider the following to be viable reasons for missing deadlines: the inability to leave work on time, oversleeping, lack of transportation, minor illnesses, fatigue, etc.

Late Assignments

You will not receive credit for any assignments submitted after the due date unless I have granted you an extension. Assignments may not be more than 7 days past due. I do not consider the following to be viable reasons for missing deadlines: the inability to leave work on time, oversleeping, lack of transportation, minor illnesses, fatigue, etc.

Safe Assign/Turn-it-in

Written components of any assignment or project may be submitted to Safe Assign to evaluate the originality of the work. Any students found to be submitting work that is not their own will be deemed in violation of the University’s honor code discussed above.

Course Outline – See below

Selected University and College Policies

School of Accounting Policies

You are responsible for School of Accounting policies at http://business.fau.edu/departments/accounting/school-of-accounting-policies/index.aspx . These policies are considered to be an integral part of this syllabus.

Code of Academic Integrity Policy Statement

Students at Florida Atlantic University are expected to maintain the highest ethical standards. Academic dishonesty is considered a serious breach of these ethical standards, because it interferes with the university mission to provide a high quality education in which no student

enjoys an unfair advantage over any other. Academic dishonesty is also destructive of the university community, which is grounded in a system of mutual trust and places high value on personal integrity and individual responsibility. Harsh penalties are associated with academic dishonesty. For more information, see University Regulation 4.001 .

Disability Policy Statement

In compliance with the Americans with Disabilities Act Amendments Act (ADAAA), students who require reasonable accommodations due to a disability to properly execute coursework must register with the Office for Students with Disabilities ( OSD )—in Boca Raton, SU 133 (561-297-3880); in Davie, LA 203 (954-236-1222); or in Jupiter, SR 139 (561-799-8698) —and follow all OSD procedures.

Religious Accommodation Policy Statement 

In accordance with rules of the Florida Board of Education and Florida law, students have the right to reasonable accommodations from the University in order to observe religious practices and beliefs with regard to admissions, registration, class attendance and the scheduling of examinations and work assignments.  For further information, please see Academic Policies and Regulations .

University Approved Absence Policy Statement 

In accordance with rules of the Florida Atlantic University, students have the right to reasonable accommodations to participate in University approved activities, including athletic or scholastics teams, musical and theatrical performances and debate activities. It is the student’s responsibility to notify the course instructor at least one week prior to missing any course assignment.

College of Business Minimum Grade Policy Statement

The minimum grade for College of Business requirements is a “C”. This includes all courses that are a part of the pre-business foundation, business core, and major program. In addition, courses that are used to satisfy the university’s Writing Across the Curriculum and Gordon Rule math requirements also have a minimum grade requirement of a “C”. Course syllabi give individualized information about grading as it pertains to the individual classes.

Incomplete Grade Policy Statement

A student who is passing a course, but has not completed all work due to exceptional circumstances, may, with consent of the instructor, temporarily receive a grade of incomplete (“I”). The assignment of the “I” grade is at the discretion of the instructor, but is allowed only if the student is passing the course.

The specific time required to make up an incomplete grade is at the discretion of the instructor. However, the College of Business policy on the resolution of incomplete grades requires that all work required to satisfy an incomplete (“I”) grade must be completed within a period of time not exceeding one calendar year from the assignment of the incomplete grade. After one calendar year, the incomplete grade automatically becomes a failing (“F”) grade.

Withdrawals

Any student who decides to drop is responsible for completing the proper paper work required to withdraw from the course.

Grade Appeal Process

A student may request a review of the final course grade when s/he believes that one of the following conditions apply:

· There was a computational or recording error in the grading.

· Non-academic criteria were applied in the grading process.

· There was a gross violation of the instructor’s own grading system.

The procedures for a grade appeal may be found in Chapter 4 of the University Regulations .

Disruptive Behavior Policy Statement

Disruptive behavior is defined in the FAU Student Code of Conduct as “... activities which interfere with the educational mission within classroom.” Students who behave in the classroom such that the educational experiences of other students and/or the instructor’s course objectives are disrupted are subject to disciplinary action. Such behavior impedes students’ ability to learn or an instructor’s ability to teach. Disruptive behavior may include, but is not limited to: non-approved use of electronic devices (including cellular telephones); cursing or shouting at others in such a way as to be disruptive; or, other violations of an instructor’s expectations for classroom conduct.

Faculty Rights and Responsibilities

Florida Atlantic University respects the right of instructors to teach and students to learn. Maintenance of these rights requires classroom conditions which do not impede their exercise. To ensure these rights, faculty members have the prerogative:

· To establish and implement academic standards

· To establish and enforce reasonable behavior standards in each class

· To refer disciplinary action to those students whose behavior may be judged to be disruptive under the Student Code of Conduct.

FAU Resources for Students

The following departments within FAU are available to students as resources:

· Library Services – offers assistance with resources including books, journals, and videos and access to library content statewide. Through the library services students can access Searchwise, a research tool, and Ref Works, which will convert references in papers to the appropriate APA style. For further information: http://www.fau.edu/library/

· Center for Learning and Student Success – offers tutoring to students, academic advising, and collaborative learning opportunities. For further information: http://www.fau.edu/class/CLASSgeneralinfo.php , or call 561.297.3013

· Office for Students with Disabilities – offers support services to students with documented disabilities including advocacy and academic accommodations. For further information: http://osd.fau.edu

· Students are strongly encouraged to join our LinkedIn Student Group and/or like our Facebook Group Page . LinkedIn® and Facebook® will provide important School of Accounting announcements, news, internships, job postings and events. You will also be able to connect with accounting students, alumni, and accounting professionals - an invaluable resource.

· To join LinkedIn®, simply click on the link above. If you are already registered with LinkedIn, the link will take you to our home page. If you have not yet registered with LinkedIn, simply complete the short registration form.  Once you are at our home page, select join group.

· To like our Facebook® page, simply click on the link above.  If you are already registered with Facebook®, the link will take you to our group page. If you have not yet registered with Facebook®, simply complete the short registration form.  Once you are at our group page, select like.

· Important student events are also posted in the School of Accounting Google Calendar.  Students are strongly encouraged to subscribe to the calendar and participate in the events.  All posted events are open to all students and provide an opportunity for students to build a strong professional network, a critical element for a successful career in business and accounting.

· To subscribe to the School of Accounting calendar from other applications, copy and paste the following URL into any calendar product that supports the iCal format (e.g., iPhone, Outlook).  Do not just click on the link below as this will only provide a copy of the current calendar. 

· http://www.google.com/calendar/ical/fau.edu_enf3tksj4013stlllpjc91ri48%40group.calendar.google.com/public/basic.ics

· To access the School of Accounting Calendar in any web browser:

· http://www.google.com/calendar/embed?src=fau.edu_enf3tksj4013stlllpjc91ri48%40group.calendar.google.com&ctz=America/New_York

· To access the School of Accounting Calendar from other applications, copy and pas te the following into any feed reader:

· http://www.google.com/calendar/feeds/fau.edu_enf3tksj4013stlllpjc91ri48%40group.calendar.google.com/public/basic

· Current accounting students will receive the School of Accounting's e-Newsletter every second and fourth Monday of each month.

· Information is also available on the SOA's website ( http://soa.fau.edu ).

Tentative Course Schedule

Please note this schedule is subject to change. It is your responsibility to keep current as to assignments. They are posted to Blackboard with their due dates.

August 27 –September 3

Please read chapters 1-5

Introduction to Law and Legal Reasoning –

Sources of American Law

The Common Law Tradition

Schools of Jurisprudential Thought

Classifications of Law

Courts and Alternative Dispute Resolution

The Judiciary’s Role in American Government

Basic Judicial Requirements

The State and federal Court Systems

Alternative Dispute Resolution

International Dispute Resolution

Court Procedures

Procedural Rules

Pretrial Procedures

The Trial

Posttrial Motions

The Appeal

Enforcing the Judgment

Constitutional Authority to Regulate Business

The Constitutional Powers of Government

Due Process and Equal Protection

Privacy Rights

Ethics and Business Decision Making

Business Ethics

Ethical Transgressions by Financial Institutions

Making Ethical Decisions

Practical Solutions to Corporate Ethics Questions

September 5 - 10

Please read Chapter 10

Reflection Exercise – Due by midnight September 15

Contracts: Nature and Terminology

An Overview of Contract Law

Elements of a Contract

Types of Contracts

Quasi Contracts

September 12 -17

Please read Chapter 11

Agreement in Traditional and E-Contracts

Agreement

Offer – Elements, Termination of offer

Acceptance – Elements, Mailbox Rule – Exceptions

Agreement in E-Contracts,

The Uniform Electronic Transactions Act

International Treaties Affecting E-Contracts

September 19

Please read Chapter 11

Consideration

Elements

Adequacy of Consideration

Agreements That Lack Consideration

Settlement of Claims

Exceptions to the Consideration Requirement

September 24 - October 1

Please read Chapters 13 and 14

Journal 1 – Due by midnight September 26

Writing Assignment 1 – due by midnight September 30

Capacity and Legality

Contractual Capacity

Legality

Mistakes, Fraud, and Voluntary Consent

Mistakes

Fraudulent Misrepresentation

Undue Influence

Duress

Adhesion Contracts and Unconscionability

October 3

Please read Chapter 15

The Statute of Frauds—Writing Requirement and Electronic Records

The Origins of the Statute of Frauds

Contracts That Fall within the Statute of Frauds

Contracts Involving an Interest in Land

Contracts That by Their Terms Cannot be Performed within One Year from

the Date of Formation

Contracts in Consideration of Marriage

Collateral Promises

Contracts for the Sale and Lease of Goods

October 8

Please read Chapter 16

Third Party Rights

Assignment

Delegation

Third Party Beneficiaries

October 10

Please read Chapter 17

Torts Mind Map – Due by midnight October 13

Performance and Discharge in Traditional and E-Contracts

Conditions

Discharge by Performance

Discharge by Agreement

Discharge by Operation of Law

October 15

Please read Chapter 18

Breach of Contract and Remedies

Damages

Equitable Remedies

Waiver of reach

Contract Provisions Limiting Remedies

October 15 – 22

Please read Chapter 19

Journal 2 – Due by midnight October 20

Writing Assignment 2 – Due by midnight October 22

The Formation of Sales and Lease Contracts

The Uniform Commercial Code

The Scope of Article 2

The Scope of Article 2A

The Formation of Sales and Lease Contracts

Contracts for the International Sale of Goods

October 24-29

Please read Chapter 20

Title, Risk, and Insurable Interest

Identification

When Title Passes

Risk of Loss

Insurable Interest

October 31 – November 5

Please read Chapters 21 – 23

Performance and Breach of Sales and Lease Contracts

Performance Obligations

Obligations of the Seller or Lessor

Obligations of the Buyer or Lessee

Anticipatory Repudiation

Remedies of the Seller or Lessor

Remedies of the Buyer or Lessee

Additional Provisions Affecting Remedies

Dealing with International Contracts

Warranties and Product Liability pps 421-429

Types of Warranties

Express

Implied

Implied Warranty of Merchantability

Implied Warranty of Fitness for a Particular Purpose

Overlapping Warranties

Warranty Disclaimers and Limitations on Liability

November 7 - 12

Please read Chapters 9 and 6

Debtor – Creditor Mind Map – Due by midnight November 10

Criminal Law and Cyber Crime

Civil Law and Criminal Law

Criminal Liability

Types of Crimes

Defenses to Criminal Liability

Criminal Procedures

Intentional Torts and Privacy

The Basis of Tort Law

Intentional Torts against Persons

Business Torts

Intentional Torts against Property

November 14

Please read Chapter 7

Writing Assignment 3 – due by midnight November 15

Negligence and Strict Liability (including product liability pp 429-438)

Negligence –Elements

Defenses to Negligence

Special Negligence doctrines and Statutes

Strict Liability

Product Liability

Strict Product Liability

Defenses to Product Liability

November 19

Please read Chapter 8

Intellectual Property and Internet Law

Trademarks and Related Property

Cyber Marks

Patents

Copyrights

Copyrights in Digital Information Act

Trade Secrets

International Protection for Intellectual Property

November 21 – 26

Please read Chapters 28 and 29

Journal 3 – Due by midnight November 30

Creditors’ Rights and Remedies

Laws Assisting Creditors

Suretyship and Guaranty

Protection for Debtors

Secured Transactions

The Terminology of Secured Transactions

Creation of a Security Interest

Perfection of a Security Interest

The Scope of a Security Interest

Priorities

Rights and Duties of Debtors and Creditors

Default

December 3

Please read Chapter 30

Final Exam – Due by midnight December 4

Bankruptcy Law

The Bankruptcy Code

Liquidation Proceedings

Reorganizations

Bankruptcy Relief under Chapter 13 and Chapter 12