1 OPEN COLLEGE SYLLABUS BUSINESS LAW I (revised 8/06) BUL 2241 DR. J. DANIXIA CUEVAS MDC/WOLFSON CAMPUS OPEN COLLEGE 300 N.E. 2ND Ave. Rm. 3506-24 SAME ADDRESS Miami, FL 33132 RM. 3506 (305) 237-3623 fax 237-7591 305-237-3123 jcuevas@mdc.edu M-TH 8-6 p.m., F 8-4:30 p.m. Office hours: Tuesdays 3-5:30 p.m. ORIENTATION INFORMATION Dear Student: Welcome to Business Law One (BUL 2241). The purpose of this letter is to explain how this course works and to provide you with the information that you will need to complete this course successfully. I recommend that you keep this letter and syllabus handy throughout the entire semester. TEXTBOOK: Business Law and the Legal Environment, Anderson,Twomey, Jennings, Fox (19th edition). There is a study guide for this course that is available for sale at the campus bookstores. You do not have to purchase this study guide but if you want additional resources the guide is available. No other book will accommodate this class. You can supplement your course materials by accessing an excellent internet resource for this book by going to: http://anderson.westbuslaw.com/ I recommend that you download the slides found on this website, and that you use them as a study guide. COURSE OBJECTIVE: To provide an overview of law in the business environment and to develop an understanding of the language and concepts which govern contract law. The course will focus on the regulatory framework within which daily business transactions are handled. This will include the laws which govern the creation of contracts and the resolution of disputes when contracts are breached as well as other introductory legal concepts. GENERAL INFORMATION: This course is designed for students who choose to study independently. While this type of learning may be desirable or necessary because of work or family situations, it is not without its drawbacks: 1) interaction with the course instructor is more limited and often more difficult to effect, except by phone messages or email responses; 2) spontaneous discussions with classmates and instant 2 feedback on class questions are not present in this format; 3) unless the student is very selfdisciplined, this course will become unmanageable. Taking this course requires at least ten hours a week of reading and studying to maintain the pace of the course and to be prepared for the scheduled exams, and other assignments. Do not let time slip by and attempt to perform the chapter readings and assignments all at once, because that will be placing a tremendous burden on your learning skills. Additionally, be advised that, although the instructor will be available for assistance, due to the nature of this course, immediate responses are not always available. In other words, it is incumbent upon the student to plan ahead with his/her assignments and readings and to seek assistance in a timely manner, not at the last minute. ASSIGNMENTS CAN BE EMAILED TO ME DIRECTLY. HOWEVER, IF YOU EMAIL ME THE ASSIGNMENTS YOU MUST PUT YOUR NAME, STUDENT # AND THE CLASS THAT YOU ARE IN (I TEACH MORE THAN ONE OPEN COLLEGE COURSE). YOU MUST PUT A TITLE FOR THE ASSIGNMENT I.E. HOMEWORK #1, 2 ETC…. Once I grade the assignments, I will give them to the Open College Dept. and they will mail them back to you. If you have a change of address during the semester, it is necessary for you to inform the Office of Registration immediately. Correspondence to you is based on a weekly update of your address from the college’s master student record system. If we cannot contact you, responsibility for missed assignments, exams and general information will be yours. Additionally, I rely upon the electronic classrolls to communicate with my students. Therefore, if you change your email address you must update it in the mymdc.org system or I will not be able to send you important email messages. COURSE REQUIREMENTS: You are required to complete the midterm and final examinations, two projects and three homework assignments as discussed below. All work must be in the the instructor’s office on the day that the assignment is due. (Electronic versions please) No work will be accepted late and no extra credit is available for this course. If a deadline is not met, there is no way to compensate for this, so please be sure to read the course calendar carefully, and plan accordingly, so no problems will occur for you. Making sure all assignments are handed in on time is one way the concept of self-discipline applies. Specifics as to time and room for the examinations will be mailed to you. No alternatives will be provided for the examination dates, times and room assignments. HOMEWORK ASSIGNMENTS: Homework assignments are due on their predetermined due dates. No assignments will be accepted late. Each assignment is worth 10% of your grade. EXAM REVIEW SESSIONS: Approximately one week prior to the date of the midterm and final, a review session will be conducted in a room assigned to the Wolfson Campus. You will be notified as to the location of these review sessions, so be sure the Open College office has your CORRECT MAILING ADDRESS AND PHONE NUMBER. These review sessions will be for one hour. If you miss it, the instructor will provide no private tutoring. These review sessions are designed to address the 3 students’ questions. They are not lectures, but question and answer sessions. Be sure to mark their dates in your calendar so that you will not miss this opportunity for easy points. MIDTERM and FINAL EXAM: You should work at a pace, which prepares you for the scheduled midterm and final exam. You must attend one of the three campuses (Kendall, Wolfson or North) in order to take the exams. These are not take home exams but will be monitored sessions. You must bring a picture I.D. with you to receive the exam, as well as number 2 pencils. No makeup exams are provided in this class without an extraordinary reason and a verifiable excuse, i.e. you are suddenly hospitalized or a family member passes away. Just because you miss an exam does not automatically entitle you to a makeup. The procedure for a makeup exam is as follows: You must call me as soon as possible in order to notify me that you are ill or that a family member has passed away. Then you must verify this information. Once you have done so I will make an appointment to give you a make-up exam in my office only, which is located at the Wolfson Campus (see first page of the syllabus). No other excuses will be accepted for make-up exams. This same policy applies to review sessions, projects and homework assignments. ANSWER KEY: The Answer Key for the homework assignments or the exams will be made available to you, by appointment only, in my office. CHAPTERS TO BE COVERED: 1-9 An overview of the legal environment with an emphasis on how business disputes can proceed through the state and federal court systems.1 12-20 A comprehensive look at contract law stressing an understanding of agreement, contractual capacity, consideration, legality, breach, interpretation and professional liability. EXAMS: You will have two exams: a mid-term and a final exam. Each exam will consist of 50 multiple choice and true and false questions. Mid-term exam: Chapters 1, 2, 4, 6, 8 & 9 Final exam: Chapters 1-20 1 I will not be covering chapter 3, 5 & 7. 4 (Cumulative exam) GRADING CRITERIA: Your final term grade will be based on the following: 10%=Project #1 10%=Project #2 25%=Midterm Exam 25%=Final Exam 10%=Homework#1 10%=Homework#2 10%=Homework#3 Total = 100% Extra Credit Points: 5 points=Attendance at Orientation for the Class 5 points=Attendance at Mid-Term Review Session 5 points=Attendance at Final Review Session The extra credit points will be distributed as follows: Attendance at the orientation or the 2 exam review sessions is worth 5 points each. Attendance at these sessions is voluntary but it is strongly recommended that the student attend these sessions so that the student can avail him/herself of the information provided at the review. If the student attends any of these sessions they will get 5 points added to their mid-term, final or project #2 grades. For example, if the student receives a 70 on the final but she attended the final review session, the final exam score will be a 75. If a student cannot attend these sessions they will not be penalized and their grades will be based on 100% grading criteria as outlined above. However, the orientation, exam review sessions are the way for the student to earn extra points towards their overall term grade. PROJECTS: PROJECT NUMBER ONE: WRITING ASSIGNMENT 1. You must research the pros and cons of Tort Reform and whether or not Florida has adopted Tort Reform. Provide a 4-5 page summary and analysis of this topic wherein you discuss the advantages and disadvantages of tort reform. Make sure to include a citation to any relevant statutes or cases. In order to complete this project, you may have to conduct research in a library or an internet related legal research site. Your references must also appear in the body of the paper where they are appropriate, whether you are quoting directly or indirectly from the source. You must use three different sources and you must provide a citation to those sources. Check with your instructor if you are not sure how to write a formal paper. If you use a regular printed document, be sure to include the title, the author, the pages, the date and the publisher in your reference. If you are using the internet, be sure the complete internet address is given on your reference page. I will check the internet references, and if I cannot pull them up on my computer to see where your work came from, the references will not count, and points sill be deducted from your paper. If no references appear in your paper, it will be considered as plagiarized and a “0” will be assigned to your paper. Your grade 5 will be based not only on the content of the analysis but also on the writing itself. Diction, style, grammar, spelling and organization are key elements in this assignment. Write simply and clearly. Prepare a cover page. Use MLA format. You must also include a copy of any and all the resources that you have used in writing your paper. If you do not include a copy of the resources that you used, I will consider the paper plagiarized and will assign a “0”. Submit your paper to turnitin.com I will attach the instructions, class ID and password on a separate paper. PROJECT NUMBER TWO: Please read the attached contracts scenario and answer the question. In answering your question, you need to review chapters 12-20. Write a 3 page paper where you provide the answer to the question. Please note that not all of the chapters will apply to the contracts scenario but you should read and review chapters 12-20 in order to figure out the answer to the contracts fact pattern. Once you determine what the answer should be, explain which chapter you are relying on to answer the question and provide a detailed answer where you apply the legal principles of the chapter to the fact pattern that I prepared. I should be able to understand your critical thinking skills and that you were able to identify the correct contracts principles that pertain to the scenario as well as to document that you can understand how those legal principles apply. Discuss offer, acceptance, consideration, meeting of the minda and legality. YOU DO NOT NEED TO USE TURNITIN.COM FOR THIS PROJECT. 2. An "A" Essay: Has a discernable thesis and the essay fully addresses the topic; the thesis is defendable, clearly explained, and supported in the body of the essay Substantial depth and breadth Expresses ideas clearly Addresses the audience to which it is intended Demonstrates logical organization Is fully developed and detailed with arguments supported by persuasive reasoning Has a variety of sentence patterns, smooth transitions between ideas, excellent diction Has few, if any, errors in grammar, usage, mechanics, spelling A "B" Essay: States a clear thesis and the essay addresses the topic, although not completely; the thesis may be clear and well-argued, but could use additional support or development Shows some depth and complexity of thought Expresses ideas clearly Demonstrates effective organization Demonstrates balance between evidence and analysis for the most part, but balance may be weak in places Has an effective style (some variety of sentence patterns, transitions between ideas, accurate diction) Has few errors in grammar, usage, mechanics, spelling A "C" Essay: 6 Has a thesis that may not be entirely clear and the essay does not fully address the topic Demonstrates insufficient awareness of the issues to be addressed; may treat the topic too simplistically or repeat same arguments over again Communicates ideas clearly for the most part, but may have some lapses in clarity Recognizable organization, but not completely clear or effective Is unevenly developed; writer may offer sufficient reasoning or evidence for some legal issues but ignore or fail to develop ideas on others Demonstrates some balance between evidence and analysis Has an adequate style (limited variation in sentence patterns, transitions between most ideas, diction accurate for the most part) Has some errors in grammar, usage or mechanics, but demonstrates basic control of these areas A "D" Essay: Unclear thesis; essay discusses the topic and meets basic length requirements, but does not address the topic in any meaningful fashion Lacks focus or demonstrates confusion or simplistic thinking; writer may demonstrate no overall conception of the legal issues May not communicate ideas clearly Is ineffectively organized, with no clear relationship between the parts of the essay May not provide adequate or appropriate reasoning or references to support generalizations, or may provide details without generalizations Demonstrates little relationship between evidence and the thesis Has stylistic weaknesses (no variety of sentence patterns, few transitions, imprecise diction) Has occasional major errors in grammar, usage or mechanics or frequent minor errors that interfere in the reader's understanding of the essay GRADE SCALE: A=90-100 B=80-89 C=70-79 D=60-69 F=below 60 POLICY REGARDING PROJECTS AND HOMEWORK ASSIGNMENTS: I will not accept late projects. For this reason, you are put on notice in the beginning of the semester about the project due dates. The only exceptions that will be made for a late project are the ones noted under the exam section of this syllabus. If you do not have a verifiable and justifiable excuse for not complying with your project or homework assignment due dates, I will deduct 5 points for every day that the project or homework is late. I absolutely will not accept any homework or projects one week past their due date. . 7 INCOMPLETE GRADES: The instructor and program director will only give a grade of Incomplete for medical reasons, death in the family, or personal emergencies that are documented and approved. Only students who are doing satisfactory work are eligible. The student and instructor prior to the end of the term must sign a contract, which specifies the remaining work to be completed. Incomplete work must be completed by the end of the next term with the instructor who awarded the grade. An Incomplete grade can only be given when a student has completed 75% of the class. WITHDRAWAL: Students not completing the course for any reason are required to submit official drop notices to the Registrar’s Office by the due date. If the student is planning to withdraw the student must complete a drop card and submit it to the college by the established deadline. The instructor does not drop students. Failure to comply with this procedure may result in receiving a letter grade of “F”. POLICY WITH REGARDS TO CHEATING/ PLAGIARISM AND STUDENT MISCONDUCT Please refer to the Students Rights and Responsibilities Handbook. If I find any student cheating on an exam; homework assignment; project or any other coursework. I will follow the Academic Dishonesty Procedure 4035 and can impose the following Level I sanctions:” Change of Grade on an item in question”; “Grade of zero on item in question”; “A lower grade for the course”; “A grade of F for the course”; “Record a change of grade from W to F for a course” or “Removal from the course”. (Students Rights and Responsibilities Handbook page 21). Level II sanctions can be imposed by the Chair and Level III sanctions can be imposed by the Academic Hearing Committee. All students must submit individual work. No student is allowed to submit work for my class that was previously used in another class. If a student engages in this type of academic dishonesty, I will follow Academic Procedure 4035. 8 MISCELLANEOUS: This course syllabus is subject to change due to time constraints, policy changes, or for any other reason that may be to the student’s benefit (in the professional judgement of the instructor). IF YOU MISS A PROJECT YOU WILL GET A ZERO. A ZERO WILL SUBSTANTIALLY REDUCE YOUR OVERALL TERM GRADE. Success in this course is highly dependent on completing all assignments on time and in the appropriate format. Advice about an assignment may be sought from the instructor, but remember to seek the advice far enough ahead of the assignment due date, so there will be ample time to complete the work properly. Do not wait until the last minute to get help or to complete the assignments. You have opted to take this course on an independent basis, but you are still required to complete all of the same requirements of a traditional class. When you transfer this credit to another college, it will have the expectation that this has the same integrity as a regular course. Sincerely, Dr. Danixia Cuevas Associate Professor, Sr. Legal Assistant Program Room 3506-24 Wolfson Campus 237-3623 9 BUSINESS LAW I BUL 2241 DR. J. DANIXIA CUEVAS MDC/WOLFSON 300 N.E. 2ND Ave. Rm. 3506-24 Miami, FL 33132 (305) 237-3623 fax 237-7591 jcuevas@mdc.edu TUESDAY, 9/26 WOLFSON CAMPUS MONDAY, 9/18 TUESDAY 9/26 DUE DATES and IMPORTANT DATES ORIENTATION SESSION AND MIDTERM REVIEW@ Room TBA 4:30-5:30 p.m. HOMEWORK #1 Due by 4:00 pm HOMEWORK #2 Due by 4:30 pm Bring a hard copy with you to the orientation/midterm review MID-TERM EXAM DATES: Open College will notify you of the dates, times and KENDALL 9/30 room numbers for the mid-term exam. Tentative dates WOLFSON 10/3 NORTH 10/2 MONDAY, 10/30 PROJECT #1 Due by 3:00 pm at turnitin.com website. MONDAY 11/6 HOMEWORK #3 Due by 3:00 pm MONDAY, 11/20 TUESDAY 11/28 PROJECT #2 Due by 3:00 pm FINAL REVIEW SESSION @ WOLFSON CAMPUS 4:30 –5:30 P.M. Rm TBA FINAL EXAM DATES: Open College will notify you of the dates, times and KENDALL 12/2room numbers for the final exam. WOLFSON 12/7 NORTH 12/4 10 BUSINESS LAW I (revised 8/ 2006) BUL2241 DR. J. DANIXIA CUEVAS . MDCC/WOLFSON 300 N.E. 2ND Ave. Rm.3506-24 Miami, Fla. 33132 (305) 237-3623 fax 237-7591 jcuevas@mdcc.edu Office hours: Tuesdays 3-5:30 P.M. SEMESTER SCHEDULE AUGUST-DECEMBER 2006 All homework assignments must be typed. No handwritten responses will be accepted. Week of August 21: Purchase book and go to the website for the book so that you begin familiarizing yourself with legal concepts www.anderson.westbuslaw.com 19th edition. Start working on homework assignment number one. Week of 9/4 (Labor day): Read Chapter 1 and 2. Start working on project number one. The Orientation and midterm review session will be held on Tuesday 9/26 Room TBA from 4:30-5:30 p.m. Open College will mail the room number to the student. Week of 9/11: Read Chapter 4 &6. Continue working on your project. Homework assignment number one is due Monday 9/18 by 4 p.m. You can either bring it to me personally or email it to me that day. Start working on homework assignment number two. Week of 9/18: Read Chapter 8. Continue working on your project. Homework #1 is due on Monday, 9/18 by 4:00 p.m. Week of 9/25: Read Chapter 9. Continue working on Project #1. Homework #2 is due on Tuesday, 9/26 4:30 p.m. during the orientation and midterm review session at Wolfson 4:30-5:30 p.m. Rm TBA. If you cannot make it in person to drop off homework #2 you can email it to me by 4:30 p.m. on that date. 11 Week of 10/2: Midterm exams 9/30 Kendall Campus; 10/2 North and 10/3 Wolfson(These are tentative dates. Open College will mail you the midterm exam information as soon as it becomes available) Week of 10/9: Project #1 is due on Monday 10/30 by 11:59 p.m. submit it to turnitin.com. See instructions attached to this syllabus. Begin working on project #2 and homework #3. Week of 10/16: Read Chapter 12 & 13. Continue Working on Project #2 Homework #3 is due on Monday, June 19 by 3:00 p.m. Week of 10/23: Read Chapter 14 & 15. Week of 10/30: Read Ch. 17. Project #1 is due by 11:59 p.m. on turnitin.com. Week of 11/6: Read Chapter18. Homework #3 is due by 3 p.m. Monday 11/6 send it to my email address. Week of 11/13: Read Ch. 19 Week of 11/20: Monday 11/20 Project # 2 is due. You must send it to my email address. Week of 11/27: Read Ch. 20. Final review Tuesday 11/28 4:30-5:30 p.m. Rm. TBA Wolfson Campus Week of 12/4: Final Exams 12/2 Kendall; 12/4 North; 12/7 Wolfson These are tentative dates. Open college will notify you with all other information. 12 Final grades to be calculated and submitted. Please do not contact me for your grade. They will be made available to you at the end of the term. 13 14 BUSINESS LAW I Professor Danixia Cuevas DADE COLLEGE NAME: _______________________ MIAMI DATE: _______________________ PROJECT #2 David had a history of frequent admissions to various types of mental institutions. David was not considered dangerous and, in fact, would have long intervals of lucidity between recurring mental problems. During a lucid interval, David entered into a contract to purchase a new Mustang convertible. Later, David wanted to avoid the contract on the grounds of his incompetence. Can he do so? Instructions: Your answer must be at least 2 typed written pages in length. You must discuss the definition of a contract; discuss all contract elements including offer, acceptance, consideration, meeting of the minds and legality. Are all of those contracts elements present in this scenario?; Are you missing any of the contracts elements, if so, which ones? You also need to discuss the contracts theory of law that explains the answer to the above scenario. The answers are found in chapters 1220. You must state the theory of law that you are relying upon in answering this question, explain the theory carefully and how the facts of this scenario apply or do not apply to that theory of law.