NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 “Although we often succeed in teaching our pupils subjects, we fail lamentably on the whole in teaching them how to think: they learn everything, except the art of learning." - Dorothy Sayers Instructor: Michael E. Chaplin Office: IB3417 E-mail: michael.chaplin@seattlecolleges.edu Class Hours: Monday & Wednesday, 6:00 p.m. – 9:00 p.m. Office Hours: Monday & Wednesday, 4:00 p.m. – 5:00 p.m., and by appointment Textbook: Essentials of Business Law (4th Edition – 2012 copyright) by Beatty & Samuelson, published by South-Western Cengage. The ISBN 13# is 9780538473804. It is available at the NSCC bookstore, and through on-line bookstores. DISCLAIMER: Although the instructor is an attorney, any legal information provided in this introductory college course should not be taken as personal legal advice for an individual student, nor is the instructor to be considered to be the student’s attorney. Students are advised to seek individualized legal advice regarding their specific situation, from an attorney of their choosing. TRANSFER: This class transfers to the University of Washington, Central Washington University, Washington State University, and several other four-year schools in Washington as part of the Direct Transfer Agreement. If you are planning to transfer to Seattle University or Seattle Pacific University, or another school, you should check with them directly to confirm transferability. You are responsible to be in the right class for your transfer needs! INSTRUCTOR BIO: I am a graduate of the University of Washington, Foster School of Business and the Notre Dame Law School. I practiced law for approximately seven years and have, since 2007, taught various legal courses in California and Washington. Prior to entering law school, I owned and operated three small businesses in Snohomish County. My legal practice was varied, though I spent most of my time litigating contract disputes. As an instructor, I have taught numerous business law courses (e.g., torts, contracts, business associations, agency, employment, and commercial law), paralegal studies and introduction to business courses. Page 1 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 READING REQUIREMENTS: All students are expected to keep up with the reading for this class. We will have at least 100 pages of reading each week, counting the text, current law cases and other materials. A facility in English speaking, listening, reading and writing is essential to successful completion of this class. COURSE OBJECTIVE: The objective of this course is to acquaint the student with fundamental legal concepts, structures and functions of the American legal system, and specifically with Business Law topics – including Contracts (common law & UCC sale of goods), Business Crimes, Business Torts, Property Ownership and Leasing, Agency & Employment Law, Business Entities, Litigation and Alternate Dispute Resolution, Secured Transactions & Bankruptcy, etc. We will examine the role of law, and the “evolving” nature of law as it relates to our society, and especially how it affects each of our lives on a daily basis. We will look at the legal system as a framework for the avoidance of problems in the future; and for resolving problems that inevitably arise in a complex society. This course is not intended to make the student into a lawyer, and cannot be an in-depth examination of all the topics to be introduced. It is intended to provide an overview of the legal system as it relates to business, so students know where to look to find basic information, and how to contact legal professionals when they need help. NSCC ESSENTIAL LEARNING OUTCOMES: 1. Knowledge: The student will learn how to examine facts, theories, perspectives and methodologies within and across disciplines. 2. Intellectual & Practical Skills, including: The student will develop critical thinking and problem solving skills. 3. Integrative & Applied Learning: The student will engage in synthesis and application of knowledge, skills and responsibilities to new settings and problems. APPROACH: We will approach the law from several points. We will use the text as an introduction to topics. We will then look at direct sources of information, such as actual cases, state and federal statutes, and look at sources of information available on the Internet. STUDY SUGGESTIONS: 1. Terminology. Law has a language all its own. As you read through a chapter, write down each word that is “new” to you. Write down in your own words Page 2 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 what you think it means. Compare your definition with the glossary at the back of the book or with a law dictionary (e.g., Black’s Law Dictionary, in the NSCC library) for accuracy and completeness. See if you can write a sentence using the new word that makes sense. This will help you develop a mastery of the terminology. 2. Questions and Problem Cases. At the end of each chapter there are a series of sample cases or questions. See if you can answer them. Check with other students in class to see if you are in agreement. Some of these cases are based on real cases. Compare your analysis with how the court ruled. 3. Study Groups. Most students find it helpful to have a weekly group gettogether at the library or a home, to review the reading or class discussions to gain a deeper understanding of the materials. 4. Internet Searching. You will find it helpful to look at a variety of internet sites for information on legal topics. A couple of sites to start with are: www.findlaw.com www.law.cornell.edu/topics/index.html COURSE GRADE: You have a variety of ways to earn points towards your final grade in this class. Please take a look at the following grading summary. COURSEWORK Points Possible Class Participation 10 Quizzes (2) @ 15 points each 30 Midterm Examination (1) 30 Final Examination (1) 30 TOTAL POINTS POSSIBLE 100 Extra Credit 10 EXAMINATIONS: The quizzes are take-home. You will be given the quiz on a Wednesday and must return the completed quiz the start of class the following Monday. The quizzes are open book and open notes, but you are not allowed to consult any person or service for assistance in answering any quiz questions. All other testing (mid-term and final) will be in-class, with no opportunity for you to Page 3 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 talk or compare notes with other students, although you will be allowed two pages of notes (two sheets of paper with notes on front and back) for each exam. You will need one scantron for each quiz, one bluebook for the midterm and at least two bluebooks for the final. GENERAL INSTRUCTIONS ON TAKING EXAMS: Answer each question fully, clearly, and in the order given. Mere conclusions receive no credit. You should: 1. Discuss the issue. 2. Define and discuss any principles of law, legal theories, etc., relevant to the question. 3. Fully apply the given facts to the legal principles on which you rely. Do not ignore any facts, even if they do not support your conclusions. Do not assume that I know that you know something - tell me in your exam what you know, defining every legal term used. 4. The actual conclusions you reach could be the least important part of your answer - but you must base your conclusions on complete and intelligent applications of the facts to the legal principles involved. 5. If further facts could affect the outcome of the problem, state with particularity what they are, and how they could affect the outcome. 6. You must use the “IRAC” format, unless otherwise directed. 7. Discuss all issues - some questions have more than one issue. 8. If you need scratch paper to make notes, use your exam itself. Although you must turn it in, it will not be graded. You may also designate a page of your bluebook as “notes” and it will not be graded. 9. Caution: a. Use non-erasable dark blue or black ink for your essays. Do not use whiteout or tear pages out of your blue book. Use a number 2 pencil for the scantron. b. You will need one scantron for each quiz and at least one large bluebook for the midterm and final. Do not write your name on the bluebook - they Page 4 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 will be exchanged in class. When you get the bluebook in class that you will use for your exam, write your name on the inside back cover of the bluebook. Do not write your name on the front cover of the bluebook. The purpose of this requirement is to ensure blind grading. Write on every line of the blue book. Write on only one side of each page; however you may use the facing page to insert information. Write your name on the exam itself. When you complete the exam, place the exam inside your bluebook and turn in the whole as a package. Failure to follow all of these directions will cause a 1 point reduction in your exam grade. Failure to return the exam itself will result in a grade of “F” for the exam. c. All bluebook exams are closed book. However, you may bring a maximum of two pages (i.e., two sheets of 8.5 by 11 paper) of notes (typed or handwritten) to class for each exam. Make sure that all other study materials are completely out of sight. Make sure that all books, notes (other than the two pages of notes referenced above), book bags, and purses are placed on the floor at the start of the exam. There is a presumption of cheating if any unauthorized study materials are within view during exams. Note: all cases of cheating result in a grade of “F” for the course and are referred to the Dean’s office for further action. PARTICIPATION: Participation is based on your performance in case briefing. You will be required to present at least two case briefs during the quarter. The brief will consist of an oral presentation and class discussion where classmates and your instructor ask questions. You may present your brief individually or as a team of not more than three members. During the first two class sessions of the quarter we will spend time learning the mechanics of case briefing and presentation. Case presentations will begin in the second week. CASE BRIEFS: To brief cases, case problems and questions, use the following “IRAC” format: Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement’?”) rather than general (e.g. “Will the plaintiff be successful?”). You may make it referable to the specific case being briefed (e.g. “Did Miller owe a duty of care to Osco, Inc.?”) or which can apply to all cases which present a similar question, (e.g. “Is a duty owed whenever there is an employment relationship?”). Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised. Page 5 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 Rule:The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. “A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.”) not a conclusion to the particular case being briefed, (e.g. “The plaintiff was negligent.”). Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be a written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn. Conclusion: What was the result of the case? With cases, the text gives you a background of the facts along with the judge’s reasoning and conclusion. When you brief cases, you are basically summarizing the judge’s opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge’s opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format. While most of these case problems are followed by a question, ignore the question and instead brief the problem. Most briefs are one to two pages long. They must be brought to class on the day they are to be discussed. Once an assignment has been discussed, you no longer need to bring it to class. EXTRA CREDIT: You may do one of the following assignments for up to 10 points. Prepare a typed report and turn it in at the start of class by Monday, August 5. Your choices are: Visit a superior court proceeding and write a two-page memorandum concerning your observations and comments. Interview (preferably in person, but can be by phone) a local practicing attorney or judge, and write a two-page written commentary (memorandum) of the interview. The interview may not be done online (e.g., via email or instant messaging) or via texting. The extra credit is governed by the following: Grading will be based upon completeness, conciseness, and clarity of expression. The Page 6 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 memorandum/summary must be word-processed, single-spaced, times new roman, 12 point font. Neatness and organization also count. Deductions will be made for poor grammar, spelling and sentence structure, as well as for failure to follow the designated format and posting instructions. GRADING SCALE: At the end of the quarter, your total score will be compared to the following table to determine the grade you have earned for the class. 4.0 93-100 3.7 90-92 3.3 87-89 3.0 83-86 2.7 80-82 2.3 77-79 2.0 73-76 1.7 70-72 1.3 67-69 1.0 63-66 0.7 60-62 0 Below 60 ABSENCES: Appropriate absences during the quarter include ill health, work or family emergencies. Consistent attendance and participation is important. Part of your grade is dependent upon your participation in class, which will not be possible if you do not attend! If you miss a class, it is your sole responsibility to obtain class notes and other lecture materials that may have been handed out, from other students. Get the phone numbers and/or e-mail addresses of at least two other students in the class so that you may share information. In general there will be no makeup exams, and you must turn in your homework on the days they are Page 7 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 due. Any requests for changes on due dates must be made prior to the due dates. The best way to reach me is to use my e-mail address. CLASSROOM RULES: CLASSROOM ETIQUITTE: 1. Please respect the opinions expressed in class by your classmates. If you disagree with someone’s opinion, state so respectfully, and not as a personal attack. 2. Please turn off or silence all computers, cell phones, pagers, PDAs, or other electronic devices at the start of class. If you do have a device that goes off during class, please turn it off right away, and wait to respond to it after the class is over. 3. Please allow others to be able to hear what the instructor or class` participants are saying, by not engaging in “side” conversations. 4. Students are expected to comply with NSCC student conduct policy and procedures. Information on student responsibilities and rights is available at the following website: https://northseattle.edu/policies/student-rights-and-responsibilities POLICY ON COURSE WITHDRAWAL: The instructor may initiate administrative withdrawals of students who do not come to class during the first three days of the quarter in order to accommodate other students seeking entry into the class; or if the student is not participating in class or turning in assignments or taking exams/quizzes. The student may withdraw according to the deadlines established by the college. AMERICANS WITH DISABILITIES ACT: In compliance with North Seattle Community College’s policy and equal access laws, I am available to discuss appropriate academic accommodations that you may require as a student with a disability. Requests for academic accommodations should be made as early as possible to avoid delays in implementing the accommodations. Students should register with the Disability Services office (located in Student Success Services in the College Center building) for disability verification and for determination of reasonable academic accommodations. ACADEMIC HONESTY: Academic honesty is highly valued at NSCC. A student must always submit work that represents his/her original words or ideas. Page 8 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 Any academic dishonesty will result in the exam or work being given zero credit, and the student may be dismissed from the class or the college! ACADEMIC DISHONESTY COULD INVOLVE: 1. Having a tutor or friend complete a portion or all of your assignment. 2. Having a reviewer make extensive revisions to an assignment. 3. Copying work submitted by another student, or giving another student your work to copy. 4. Using information from books, magazines, articles, online sources, or other information services without giving proper citation as to its source. 5. Taking exam answers from another student’s paper, or allowing another student to copy your exam answers. 6. Using improper materials (i.e., not allowed) to answer exam questions on the final. EXAMINATION CONDUCT: Students are expected to complete quizzes and examinations without the unauthorized use of reference materials, notes, or classmates, unless with permission of the instructor. The quizzes are open textbook, open notes, printed dictionaries, and handouts from class. The midterm and final exams are closed book; however, you are allowed to bring two sheets of paper (8 1/2 x 11) filled with notes (front and back). NO Electronics – computers/phones/pdas/mp3s/etc. (including electronic dictionaries). If you need a foreign-language dictionary – bring a printed one! CLASSROOM DIVERSITY STATEMENT: Respect for diversity is a core value of NSCC. Our college community fosters an optimal learning climate and an environment of mutual respect. We, the college community, recognize individual differences. Therefore, we are responsible for the content and tone of our statements and are empathetic speakers and listeners. RESPECTFUL AND INCLUSIVE ENVIRONMENT: The instructor and student share the responsibility to foster a learning environment that is welcoming, supportive, and respectful of cultural and individual differences. Open and Page 9 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 respectful communication that allows for the expression of varied opinions and multicultural perspectives encourages us to learn freely from each other. FRAGRANCE POLICY: Students are encouraged to refrain from wearing heavily scented products during class sessions, since some individuals experience chemical sensitivities to fragrances that interfere with their breathing – and that interferes with learning! STUDENT SUPPORT SERVICES: Students are encouraged to seek campus support services when necessary to support their learning and academic progress. Refer to student handbook, brochures/flyers, or college website for information about: Disability Services (for ADA accommodations) Tutoring Services Library LOFT Writing Center Plus Counseling Women’s Center Multicultural Services Office Veteran’s Office Study Tips for the First and Second Week of Classes North Seattle Community College Counseling Center Lydia Minatoya, Ph.D. 1. Read the syllabus for each class you are taking. In the syllabus, the instructor tells you what assignments you must do, by when. The syllabus provides information such as: how the instructor will arrive at your grade, how to contact your instructor if you have any questions about assignments, and guidelines for behaviors your instructor expects. Let your instructor know immediately, if you are unclear about any item on the syllabus or if you have special needs or situations (such as a disability, or a job, family situation, or bus commute that may occasionally make you late). 2. Do not miss class! If an emergency arises, e-mail the instructor before the class and explain why you will miss and when you will return. 3. Smile and make friends with your classmates so you can share notes and ask each other questions about assignments. Consider forming a study group. Page 10 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 4. Try to study on campus, where there are fewer distractions, so that when you go home you can relax and pay attention to other things and people in your life. 5. Study every day. Take notes on what you are reading so you will have a summary (and less to review) when the test comes around. 6. Break big assignments into smaller tasks. This makes it easier to start. Study for thirty minutes, take a five-minute break, and go back for thirty minutes more. When memorizing (vocabulary lists, formulas, etc.) break lists into shorter lists of three or four concepts/vocabulary words. Learn them, take a break, and learn four more. If you try to learn a long list all at once, you may remember the first four items and the last three, but everything in between will likely be a blur. 7. Plan some leisure time every day (aim for one hour per day) and every weekend (aim for a three to four hour block) to do something you enjoy! It is easier to study when you know you have a break scheduled and it is easier to relax and enjoy yourself when you know you have completed some of your homework. The NSCC Counseling Center helps students identify careers, pick programs of study, strengthen study skills, manage time and stress, deal with depression, confront prejudice and learn other student success skills. Feeling depressed? PLEASE see a counselor at the Counseling Center – they have helped many students over the years!! REVIEW for Final Exams? Use your take-home exams as a source for terminology to review, and the terminology-review list provided by your instructor. Make sure you know each term and how it is used. "Education is simply the soul of a society as it passes from one generation to another." G. K. Chesterton Page 11 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 SCHEDULE OF ASSIGNMENTS1 Class Date Assignment 1 Ch. 1 (Introduction to Law): Pp. 5-12, 16-20 June 24 Ch. 2 (Bus. Ethics & Social Responsibility): Pp. 30-39; brief Additional Questions2 (“AD”) 8 Ch. 3 (Dispute Resolution): All; brief AD 7/8 (AD 7 and 8 should be read as a single problem) 2 June 26 Ch. 4 (Common Law, Statutory Law & Admin. Law): Pp. 77-81, 84-85, 89-98 Ch. 5 (Constitutional Law): All; brief AD 4 & 9 3 July 1 Ch. 6 (Torts): All; brief AD 1, 5 and 7 4 July 3 FIRST QUIZ Ch. 7 (Crime): Pp. 161-181 Ch. 9 (Introduction to Contracts): All; brief Exam Strategy Question (p.241, Honeywell) and Exam Strategy Question (p. 242, bottom, Hoffman; create one brief based on Promissory Estoppel and one brief based on QuasiContract) 5 July 8 Ch. 10 (Agreement): All; brief Exam Strategy Question (p. 265, top, Norv) Ch. 11 (Consideration): All; brief AD 5 & 6 6 July 10 Ch. 12 (Legality): All; brief AD 2 Ch. 13 (Capacity and Consent): All; brief AD 1 & 6 1 NOTE: THIS SCHEDULE IS SUBJECT TO CHANGE. ANY CHANGES WILL BE ANNOUNCED IN CLASS. ACCORDINGLY, ATTENDANCE IS CRITICAL. 2 WHILE MOST OF THESE “ADDITIONAL QUESTIONS” ARE FOLLOWED BY A SPECIFIC QUESTION, IGNORE THE QUESTION ASKED AND INSTEAD BRIEF THE PROBLEM. Page 12 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 7 July 15 Ch. 14 (Written Contracts): All; brief AD 4 Ch. 15 (Third Parties): All; brief AD 1 Ch. 16 (Performance and Discharge): Pp. 380-390; brief Exam Strategy Question (P. 392, Omega Concrete) 8 July 17 MIDTERM EXAMINATION Ch. 17 (Remedies): All; brief AD 2 & 7 9 July 22 Ch. 18 (Introduction to Sales): Pp. 426-440; brief AD 4 Ch. 19 (Ownership and Risk): All; brief AD 3 & 5 10 July 24 Ch. 20 (Warranties and Product Liability): All; brief AD 4, 5 & 7 11 July 29 Ch. 22 (Creating a Negotiable Instrument): Pp. 527-544; brief AD 6 Ch. 23 (Liability for Negotiable Instruments): Pp. 552565, 570-571; brief AD 3 Ch. 24 (Liability for Negotiable Instruments: Banks and Their Customers): Pp. 578-594 12 July 31 SECOND QUIZ Ch. 25 (Secured Transactions): All; brief AD 3 & 9 Ch. 26 (Bankruptcy): All; brief AD 8 13 August 5 TURN IN EXTRA CREDIT ASSIGNMENT Ch. 27 (Agency): All; brief AD 4 & 9 Ch. 28 (Employment Law): All; brief AD 8 14 August 7 Ch. 29 (Starting a Business: LLC’s and Other Options): All; brief AD 4 Ch. 30 (Corporations): All; brief AD 1 & 7 Page 13 of 14 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 201, BUSINESS LAW COURSE SYLLABUS, SUMMER QUARTER 2013 15 August 12 Ch. 32 (Property): All; brief AD 6 Ch. 33 (Cyberlaw): All; brief AD 4 Ch. 34 (Intellectual Property): All; brief AD 5 16 August 14 FINAL EXAMINATION Page 14 of 14