GBK 332 –Summer 2015 Texas A&M University-Central Texas GBK 332.115– Legal Environment of Business Summer 2015 – Online – 8 Weeks Instructor: Lucas W. Loafman, J.D., M.B.A. Office Location: Founders Hall Rooms 318M Office Phone: 254-519-5724 Cell Phone: 254-289-9821 (Please call after 9AM and before 9:30PM) E-mail: loafman@tamuct.edu Office Hours: By Appointment – I am generally in the office 30 hours or more each week unless I am traveling, but the hours vary daily due to meetings and other duties as Department Chair. Though I may be available for drop by’s, I am generally in two-three meetings a day, so it is best to make an appointment. I will do all I can to ensure that you get into see me as soon as possible if needed. Don’t hesitate to call me at home via my cell phone or shoot me an email, especially in light of this course! I check my email several times a day during the work week and generally couple of times a day on weekends. I will respond to all email within 24 hours if I’m not traveling, usually within minutes. I will make an announcement on Blackboard if I will be out of contact for an extended period of time. Mode of instruction and course access: This course is a 100% online course and uses TAMUCT’s Blackboard system (referred to by me hereafter as Bb). http://tamuct.blackboard.com. The instructions that follow will assist you with gaining access and technical support. Once you are in BB, there is tab on the left labeled “Online Learning” that will have additional BB resources if you are unfamiliar with Bb. Though no specific legal knowledge is required as a prerequisite to this course, it will be essential that you have a familiarity with the use of Power Point, Microsoft Word, the Internet, copying and pasting information and attaching documents at a minimum. Technology Requirements This course will use the TAMU-CT Blackboard Learn learning management system for some class content distribution and assessments. Logon to https://tamuct.blackboard.com to access the course. Username: Your MyCT username (xx123 or everything before the "@" in your MyCT e-mail address) Initial password: Your MyCT password For this course, you will need reliable and frequent access to a computer and to the Internet. You will also need a headset with a microphone or speakers and a microphone to be able to listen to online resources and conduct other activities in the course. If you do not have GBK 332 –Summer 2015 frequent and reliable access to a computer with Internet connection, please consider dropping this course or contact me (your email and phone number) to discuss your situation. Blackboard supports the most common operating systems: PC: Windows 8, Windows 7, Windows Vista Mac: Mac OS X Mavericks NOTE: Computers using Windows XP, Windows 8 RT and OS X 10.6 or lower are NO longer supported Check browser and computer compatibility by following the “Browser Check” link on the TAMU-CT Blackboard logon page. (https://tamuct.blackboard.com) This is a CRITICAL step as these settings are important for when you take an exam or submit an assignment. Upon logging on to Blackboard Learn, you will see a link to Blackboard Student Orientation under My Courses tab. Click on that link and study the materials in this orientation course. The new Blackboard is a brand-new interface and you will have to come up to speed with it really quickly. This orientation course will help you get there. There is also a link to Blackboard Help from inside the course on the left-hand menu bar. The first week of the course includes activities and assignments that will help you get up to speed with navigation, sending and receiving messages and discussion posts, and submitting an assignment. Your ability to function within the Blackboard system will facilitate your success in this course. Technology issues are not an excuse for missing a course requirement – make sure your computer is configured correctly and address issues well in advance of deadlines. Technology Support For technological or computer issues, students should contact Help Desk Central. 24 hours a day, 7 days a week: Email: helpdesk@tamu.edu Phone: (254) 519-5466 Web Chat: http://hdc.tamu.edu When calling for support please let your support technician know you are a TAMUCT student. For issues related to course content and requirements, contact your instructor. GBK 332 –Summer 2015 1.0 Course Description Catalog Description: The study of principles of law relating to the development and sources of law, dispute resolution, torts, intellectual property, criminal law, ethics, contracts, consumer and international law issues in the 21st century. 2.0 Course Level Objectives (CLO’s) At the conclusion of the course, the student should be able to, at an acceptable level per the grading scale found in syllabus section 6.0 (Minimum of 715 Points): 1. Analyze a Supreme Court decision. (Week 1 Assignment) 2. Locate sources of legal information that are useful in their daily lives. (Week 3 Assignment) 3. Demonstrate knowledge of the following areas: Dispute Resolution (Chapters 1-3 – Week 1), Constitutional Impacts on Business (Chapter 4 – Week 1), Torts (Chapter 6 – Week 3), & Intellectual Property (Chapter 8 – Week 3) 4. Evaluate an ethical dilemma different ethical decision making frameworks. (Chapter 5 – Week 2) 5. Discuss the legal considerations in conducting business globally (Chapter 24 – Week 4). 6. Identify the elements required for a legally enforceable contract (Chapters 11-16 – Weeks 5 & 6). 7. Apply the provisions of the UCC Article 2 to contract situations (Chapters 20 & 21 – Week 7). 8. Understand consumer law issues, including negotiable instrument and banking law (Weeks 7 & 8). 2.1 Module Learning Objectives (MLO’s): At the conclusion of the course the student should be able to, at an acceptable level per the grading scale found in syllabus section 6.0 (Minimum of 715 points): 1) Classify a law according to its type. 2) Explain the concepts of legal precedence and stare decisis. 3) Identify the different types of judicial opinions. 4) Recognize when a court may properly exercise jurisdiction. 5) Contrast the various methods of dispute resolution. 6) Demonstrate comprehension of the trial process. 7) Explain the applicability of the Commerce Clause on businesses. 8) Recognize where preemption applies. 9) Contrast the situations where speech is protected and unprotected under the 1st Amendment. 10) Define ethics. 11) Differentiate between duty based and outcome based ethical decision making. 12) Classify torts according factual examples. 13) Define negligence and identify situations where it has occurred. 14) Recognize the issues in products liability cases. 15) Identify the differences between trademarks, patents, copyrights and trade secrets. 16) Discuss the potential criminal liability of corporations and their officers. 17) Properly classify crimes based on factual scenarios. 18) Identify proper defenses to criminal liability, including Constitutional safeguards. 19) Differentiate between the principles of comity, the act of state doctrine and sovereign immunity. 20) Recognize unique contractual considerations in the international setting 21) Recognize when laws apply extraterritorially GBK 332 –Summer 2015 22) Identify the required element to form a valid contract. 23) Classify a contract according to its type. 24) Indicate the requirements/circumstances for an effective offer, acceptance, revocation and rejection. 25) Recognize when consideration is legally sufficient. 26) Explain, using factual scenarios, why a contract is or is not supported by sufficient consideration. 27) Critique a fact pattern to determine if promissory estoppel is appropriate. 28) Analyze a contractual situation to determine if the parties had capacity and legal commitments under contract law. 29) Explain the enforceability of a covenant not to compete and exculpatory clause. 30) Indicate when a mistake may provide a legal excuse to contract performance. 31) Identify if fraudulent misrepresentation has occurred. 32) Choose when a contract is subject to the statute of frauds. 33) State when the parol evidence rule applies. 34) Identify the impact of conditions on contractual obligations. 35) Classify the level to which a contract has been performed, including what constitutes a material breach of contract. 36) Explain the situations when contracts may be discharged. 37) Discuss and identify the remedies available for breach of contract. 38) Differentiate between an assignment and a delegation. 39) Recognize when Article 2 of the Uniform Commercial Code is applicable to a sales transaction. 40) Differentiate between the UCC and the Common Law. 41) Identify who a merchant is and their responsibilities in sales situations. 42) Evaluate and discuss when title, risk of loss effectively passes from seller to buyer. 43) Explain the implications of a good faith purchaser and the entrustment rule. 44) Recognize when an advertisement is deceptive under the law. 45) State consumers responsibilities for charges on credit cards they did not make. 46) Recognize the key provisions of the Texas DTPA. 47) Identify when an instrument is negotiable. 48) Contrast the different types of endorsements. 49) Identify the different types of checks. 50) Describe the responsibilities for payment and honoring checks. 3.0 Textbook and Required Materials 1. Roger Miller, Business Law: Text and Cases - The First Course, 1st Edition, 2015, ISBN: 9781285770185. Given that this is an 8 week course, time is of the essence or you will fall behind. If your book is going to be late in arriving, I suggest that you purchase E-chapters for reading. They are available for purchase at: https://www.cengagebrain.com/shop/isbn/9781285770185 I have posted Chapter 1 in the Module 1 Folder A student of this institution is not under any obligation to purchase a textbook from a university-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer. 2. Good Internet Access and MS Word GBK 332 –Summer 2015 4.0 Instructional Materials I have posted both my normal power point slide notes (green links) and audio presentations (pink links) with my usual lecture for that chapter on BB in the weeks content folder in which they are to be covered. The lectures are very large files, but do open fairly quickly generally. ***The additional material provided in these audio lectures is required and testable material.*** There are also other testable readings (purple links) in the content folders. The PDF files may take a few moments to open just like the audio lectures. 5.0 Evaluation and Grading 1. Journal Postings – 70 Points (10 points each) – In each module, with the exception of the last one (7 total entries), you will be required to reflect on what you have learned for that module period and what you found troubling or confusing in the following manner: In order to receive full credit, you must at least (1) thoughtfully reflect on what you learned on this past module or found interesting in at least two sentences and, in a separate paragraph, (2) state what you found confusing (muddiest issue) and/or ask me for clarifications. There are no format requirements for requirement #2, other than it appearing separately from requirement #1. Do not ignore the second part though. I will generally respond to these within 24 hours of their due date if a response is necessary. You may access the Journals through the link on the left side of Bb titled “Journal Entries” or via the burnt orange link in that module’s content folder. The link for each module’s journal will open for the time period that it is due and a couple of days after so that you can see my comments. Each Journal entry will only consider material scheduled to be covered in that module (week) per the syllabus and contained in that modules’ content folder (-2 points if you stray). Type response in the text box and do not attach your journal entry in a Word document. Finally, your entry must be comprehensible, thus grammar can affect your score if I am struggling to understand what you are trying to say. 2. Getting to Know the Law Assignment (GTKL) – 125 points - The assignment is posted in the “Assignment Instructions and Submission Location” section on the left side of Bb and also available via a link in the Module 3 Content Folder. If you’re looking to get ahead or for work to do if you don’t have your book yet, this would be one assignment you can do now. This assignment generally has very high grades, but also takes quite a bit of time to complete. 3. Discussions – 75 points (25 points each) - You will be required to contribute and participate in three discussions throughout the semester. The exact REQUIREMENTS for each discussion may be found in the “Assignment Instructions and Submission Location” section on the left side of Bb. You must both post in the discussion board and then copy your posts to submit to me in a MS Word document for credit. There is also a blue link in the course content folder for the module period when the discussions are due that will take you to the requirements as well. A great example of a submission that would score a 20 is provided in the Module 1 content folder. I will also try to post my thoughts after the discussion assignment is due. (Email me if I forget!) 4. Homework Assignments – 330 total points (1 and 2 are worth 82.5 points, 3 is worth 42 points, 4 is worth 40.5 points, 5 is worth 42.5 points, & 6 is worth 40 points) - All six homework assignments will be posted in “Assignment Instructions and Submission Location” section/tab on Blackboard and the completed work must be submitted there in a Microsoft Word document. Black links to the assignments will also be available GBK 332 –Summer 2015 in the content folder for each week. I will have each HW assignment graded before you take your exam along with necessary feedback. For full credit, you must use proper legal terminology in your responses. 5. Exams – 4 exams (1 every two weeks) comprising 100 Points of your grade each (400 points combined) –You must schedule around the available time window. If there is an unavoidable conflict, you must let me know ahead of time, not after. I may allow a make-up, but even then, it may be an entirely differently structured exam (all essay) or mode of delivery (in my office). I am the sole judge on these matters and you should bring exam issues to me when they arise. Exams are not easy and may be comprised of multiple choice, T/F, matching and essay questions at my discretion. They will likely be half MC/TF and short answer/essay and will not be comprehensive. For full credit on essay questions, you must use the proper vocabulary from the text and lectures. You will have 105 minutes to complete each online examination. Check the syllabus calendar for dates and availability windows. Obviously you may use your text and notes to assist you, but you may not use another person’s help or the internet! If you fail to take an exam without notifying me prior to the exam window, you can score will no higher than the lowest grade a class member received who took it on time and only if I feel the excuse warrants allowing a make-up. The exam may be accessed either via the link in that week’s content section or the “Exams” link on the left side of Bb. 6.0 Grading Scale ******Grading Scale******Note the C, D, and F 895-1000 = A - Excellent 795-895 = B - Good 715-795 = C – Acceptable 645-715 = D – Needs Improvement 645 or less = F – Unacceptable Grades may also be adjusted at the end of the semester based on class results, meaning an average may qualify for a higher letter grade than the scale normally provides for, to facilitate an appropriate grade distribution. 7.0 Other Grade Notes I will try to have all homework graded the day after it is due and most likely before an exam window covering that material opens. I do grade thoroughly and try to provide feedback where feasible, especially on HW assignments. Exams will hopefully be graded within 48 hours of the exam windows closing. Your grades are always posted and available in the Blackboard Gradebook on the left side of our BB course. Late work penalties: 1. Journals and Discussions – NO credit will be given for late postings/submissions. 2. Homework Assignments – If you miss the exact deadline, and it is turned in within one week of the original deadline, you will lose up to 25% of the points available for that assignment. Assignments not received within one week of the original deadline will not be graded. 3. The Getting to Know the Law Assignment will lose 12 points per day late. GBK 332 –Summer 2015 4. Again, if you fail to take an exam without notifying me prior to the exam window, you can score no higher than the lowest grade a class member received who took it on time and only if I feel the excuse warrants allowing a make-up. *****There is one bonus assignment posted on the left hand side of Bb under its own title. Be sure to comply with the deadline stated. You are ineligible for bonus credit if you have three or more missing or late assignments, including journals and discussions without my approval of extenuating circumstances.****** 8.0 Semester Calendar (Subject to change) - Our modules run one week (except for #8) and begin on Monday and end on the following Sunday. All Assignments are due as stated below. Pay attention, as there are multiple things due many weeks and all times are Central Standard Time. Module 1 – June 1st 1. Read and listen to the audio for Chapter 1 (Law & Legal Reasoning) Chapter 2 (Courts & Alternative Dispute Resolution) & Chapter 4 (Business & the Constitution) 2. Post Journal Entry #1 by 11:59PM (23:59) on Saturday, June 6th 3. Post and Submit to me Discussion #1 by 11:59PM (23:59) on Sunday, June 7th. Module 2 – June 8th 1. Read and Listen to the audio for Chapter 3 (Court Procedures) & Chapter 5 (Ethics) 2. Submit HW#1 by 11:59PM (23:59) on Friday, June 12th 3. Post Journal Entry #2 by 11:59PM (23:59) on Saturday, June 13th 4. Complete Exam #1 covering Chapters 1-5 between 8AM (08:00) on Sunday, June 14th and 11:59PM (23:59) on Monday, June 15th Module 3 – June 15th 1. Read and listen to the audio for Chapter 6 (Torts), Chapter 7 (Products Liability, & Chapter 8 (Intellectual Property_ 2. Post Journal Entry #3 by 11:59PM (23:59) on Saturday, June 20th 3. Submit the Getting to Know the Law Assignment by 11:59 PM (23:59) on Sunday, June 21st Module 4 – June 22nd 1. Read and listen to the audio for Chapter 10 (Criminal Law) and Chapter 24 (International Law) 2. Submit HW#3 by 11:59PM (23:59) on Friday, June 26th 3. Post Journal Entry #4 by 11:59PM (23:59) on Saturday, June 27th 4. Complete Exam #2 covering Chapters 6-8, 10, & 24 between 8AM (08:00) on Sunday, June 28th and 11:59PM (23:59) on Monday, June 29th GBK 332 –Summer 2015 Module 5 – June 29th 1. Read and listen to the audio for Chapter 11 (Nature & Terminology) Chapter 12 (Agreement in Traditional Contract - no E-contracts material), & Chapter 13 (Consideration) 2. Post Journal Entry #5 by 11:59PM (23:59) on Sunday, July 5th (Extra day this time due to the holiday) 3. Post and Submit Discussion #2 by 11:59PM (23:59) on Sunday, July 5th. 4. Submit HW#3 by 11:59PM (23:59) on Sunday, July 5th. Week 6 – July 6th 1. Read and listen to the audio for Chapter 14 (Capacity), Chapter 15 (Mistakes, Fraud & Voluntary Consent), Chapter 16 (Writing Requirements), & Chapter 17 (3rd Party Rights) 2. Submit HW#4 by 11:59PM (23:59) on Friday, July 10th 3. Post Journal Entry #6 by 11:59PM (23:59) on Saturday, July 11th 4. Complete Exam #3 covering Chapters 11-17 between 8AM (08:00) on Sunday, July 12th and 11:59PM (23:59) on Monday, July 13th Week 7 – July 13th 1. Read and listen to the audio for Chapter 18 (Performance & Discharge), Chapter 19 (Breach & Remedies), and Consumer Law 2. Post Journal Entry #7 by 11:59PM (23:59) on Saturday, July 18th 3. Post and Submit Discussion #3 by 11:59PM (23:59) on Sunday, July 19th. 4. Submit HW#5 by 11:59PM (23:59) on Sunday, July 19th. Week 8 – July 20th 1. Read and listen to the audio for Chapter 20 (Formation of Sales & Lease Contracts), Chapter 21 (Title, Risk, & Insurable Interest), & Negotiability & Banking (Both are not in your text, but I have posted readings online) 2. Submit the optional bonus assignment by 11:59 PM (23:59) on Monday, July 20th 3. Submit HW#6 by 11:59PM (23:59) on Wednesday, July 22nd 4. Complete Exam #4 covering Chapters 18-21, Consumer Law, Negotiability, and Banking between 8AM (08:00) on Thursday, July 23rd and 11:59PM (23:59) on Friday, July 24th 9.0 Drop Policy If you discover that you need to drop this class, you must take all proper steps to do so. Professors cannot drop students; this is always the responsibility of the student. Should you miss the deadline or fail to follow the procedure, you will receive a grade based on the total number of points earned in the course at the end of the term. GBK 332 –Summer 2015 10.0. Academic Misconduct (A.K.A. Dishonesty, Integrity) Texas A&M University - Central Texas expects all students to maintain high standards of honor in personal and scholarly conduct. Any deviation from this expectation may result in a minimum of a failing grade for the assignment and potentially a failing grade for the course. All academic dishonesty concerns will be reported to the university's Office of Student Conduct. Academic dishonesty includes, but is not limited to, cheating on an examination or other academic work, plagiarism and improper citation of sources, using another student's work, collusion (working together), and the abuse of resource materials, including those intended for professors. When in doubt on collaboration, citation, or any issue, please contact me before taking a course of action. More information can be found at http://www.tamuct.edu/departments/studentconduct/academicintegrity.php All work in this course is to be done individually. You may get the rare/occasional assistance from other students about where you found certain information/answers, but I don’t want to see close/identical answers. I have a pretty good eye for this, as my memory is pretty good! If you need help, ask me! Any instance of academic dishonesty likely will result in an F in my course. I have taught this course long enough that I can tell if you are collaborating or not, despite the fact that your answers may differ slightly. 11.0 Disability Services At Texas A&M University – Central Texas, we value an inclusive learning environment where every student has an equal chance to succeed and has the right to an education that is barrierfree. The Office of Disability Support and Access is responsible for ensuring that students with a disability enjoy equal access to the University's programs, services and activities. Some aspects of this course or the way the course is taught may present barriers to learning due to a disability. If you feel this is the case, please contact Disability Support and Access at (254) 501-5831 in Warrior Hall, Ste. 212. For more information, please visit their website at www.tamuct/disabilitysupport. Any information you provide is private and confidential and will be treated as such. 12.0 Library Services Library distance education services aims to make available quality assistance to A&MCentral Texas students seeking information sources remotely by providing digital reference, online information literacy tutorials, and digital research materials. Much of the TAMUCT collection is available instantly from home. This includes over half of the library's book collection, as well as approximately 25,000 electronic journals and 200 online databases. Library Distance Education Services are outlined and accessed at: http://www.tamuct.edu/departments/library/deservices.php Information literacy focuses on research skills which prepare individuals to live and work in an information-centered society. Librarians will work with students in the development of critical reasoning, ethical use of information, and the appropriate use of secondary research techniques. Help may include, but is not limited to: the exploration of information resources such as library collections, the identification of appropriate materials, and the execution of GBK 332 –Summer 2015 effective search strategies. Library Resources are outlined and accessed at: http://www.tamuct.edu/departments/library/index.php 13.0 UNILERT - Emergency Warning System for Texas A&M University – Central Texas UNILERT is an emergency notification service that gives Texas A&M University-Central Texas the ability to communicate health and safety emergency information quickly via email and text message. By enrolling in UNILERT, university officials can quickly pass on safety-related information, regardless of your location. Please enroll today at http://TAMUCT.org/UNILERT 14.0 Other Important Notes and Considerations 1. Respect the thoughts and opinions of your classmates. We may not agree on everything, but everyone, generally, has the right to be heard in my classroom. I want everyone to feel comfortable to share their thoughts on a subject, even if others may disagree. 2. I reserve the right to make reasonable alterations to the course calendar and syllabus as provided here. It is a guide, not a hard and fast rule. Changes will only be made that benefit the class as a whole.