Commercial and Electronic legislation 2022/2023 Department of [Business Administration] King Talal School of Business Technology 1 1. Course Information: Autumn Semester 2020/2021 Course Name & ID Prerequisites Course Type Credit Hours Level Lecture Schedule Lecture Location Textbook Legal Legislation & Business Law # 33445 Department/University Mandatory / Elective appropriate) 3 Credit hours 3rd Year (Delete as Sunday & Tuesday & Thursday 3:00 pm to 4:00 pm Online through Zoom A set of scientific papers organized by the subject teacher References Instructor Office Hours Teaching Assistant 1. Fawzi Muhammad Sami, Explanation of Commercial Law, C (1), House of Culture for Publishing, 2009 2. Dr. Damtham Majali and Dr. Osama Abdel Moneim, Electronic Commerce, (1), Dar Wael for Publishing and Distribution, 2013. 3. Commercial law. 4. Companies law.. 5. Copy rights law. 6. Patent law.. 7. Cybercrimes law. 8. Civil code. 9. Electronic Crime Law 10. The UNCITRAL Model Law for Electronic Commerce 11. the Electronic Signature Law 12. the Jordanian Electronic Transactions Law Jumana zahida j.zahida@psut.edu.jo Part-time lecturer 2. Course Description: This course focuses on the study of commercial law and electronic commerce legislation by researching the development of its rules and their independence as a result of its distinctive characteristics from the rest of the laws and making a comparison between electronic commerce and traditional trade, which requires research into what commercial businesses are distinguished from civil works, and the description of the merchant and the nature of the store and contracts The commercial law stipulated by the Jordanian legislator in the trade law and the study of the 2 impact of electronic commerce on the reality of traditional commerce and its importance in moving the wheel of the economy, and the legal protection (civil and penal) imposed by the legislator on trade in its traditional and electronic parts. 3 3. Course Objectives: [Express the objectives of teaching this course and how it helps the students. Kindly list the course objectives in the diagram provided.] Course Objectives Study the electronic commerce contract, its pillars, elements, and how to organize it Methods for settling disputes amicably (arbitration) Study the commercial business stipulated by the Jordanian legislator in the Trade Law Study the common types of companies in the Jordanian market Study commercial papers and their circulation methods Comparing traditional commerce with electronic commerce and its impact on the national economy Figure 1 The Objectives of this Module 4. Program Learning Outcomes: The program learning outcomes that is mapped for the course and accreditation purposes are: Table 1[Commercial and Electronic legislation] Program Learning Outcomes Program Learning Outcome (PLO) Demonstrate basic knowledge in the legal structure and understanding its importance. Apply Contract theories as a source of obligation on the practical contract drafting skills. Identify and analyse Companies types. Identify and analyse legal business problems. Integrate and apply key analytical methods to solve creative and innovative legal issues. 4 PLOs PLO1 PLO2 PLO3 PLO4 Apply legal knowledge in future life including knowledge of different types of laws, Intangible property, business contracts as well as resolving business conflicts in PLO5 Alternative methods rather than litigation. Business knowledge expertise in understanding the business and commercial contract PLO6 from a legal standpoint 5. Course learning outcomes (Knowledge, Understanding and Skills): This course is intended to provide students with core understanding of Legal concepts and allow them to demonstrate practical knowledge of the theory. Hence, the course learning outcomes (CLO) are: Table 2 [Commercial and Electronic legislation] Course Learning Outcomes Course Learning Outcomes Aligned Program Learning Outcomes (CLOs) (PLOs) CLO 1Understand legal articles and work within their content PLO 1 CLO 2: The ability to read, analyse and draft basic PLO 2 contracts and legal agreements CLO 3: Enabling the students to understand the structure and due diligence needed for each type of the companies covered starting from the registration, PLO 3 management leading to liquidation. CLO 4: By combining the legal knowledge in all fields with complex commercial or business PLO 4 situations and providing sound advice. CLO 5: Providing the students with the legal tools needed to identifying the applicable laws and the PLO 5 legal options based on special situation. 6. Curriculum Design: 5 This course will cover core concepts in chapter 1 the students will be provided with an overview over the Jordanian constitution, legislation process and the various levels of legislation within the country and will serve as the delivery part for the following chapters and sections which would be addressing specific laws or legal structures. And the definition of commercial law and the law of electronic commerce in particular . Chapter 2 Examine the nature of the commercial business defined by the Jordanian legislator in Articles (6, 7 and 8) of the Trade Law in a precise manner, being able to distinguish between them, understand the legal system subject to it, and study the electronic commerce contract, its pillars, elements, and distinguish it from others in the technical environment. Chapter 3. In it we cover the concept of a merchant, the conditions for acquiring the status of a trader and the implications of acquiring it As well as the electronic merchant and the conditions for practicing the electronic commercial activity (a suggested idea for the Jordanian legislator) Chapter 4. We deal in it with the store and its items, the store's protection from unfair competition, as well as the default store and how to protect it Chapter 5 In it, we study the operations of traditional and electronic commercial papers Chapter 6 We deal with the most traded commercial companies in Jordan, including the Solidarity Company, the Limited Liability Company and the Public Shareholding Company, and the procedures for their registration in accordance with the Companies Law Chapter 7 In it, we learn about the legal protection of electronic transactions, in both its civil and criminal parts, by dealing with the Electronic Transactions Law and the Electronic Crimes Law Table 3 Course Topics and their Respective Chapters Week 1–2 3-4 5-6 7-8 Topic Introduction to commercial law and electronic commerce law Types of businesses, the legal system governing them, and the e-commerce contract, its pillars and components Types of merchants and the conditions and effects of acquiring the status of a trader in accordance with the Jordanian Trade Law Traditional and electronic shops, their constituent elements, and the provisions related to them in Jordanian legislation 6 Chapter 1 2 3 4 9-10 11-13 14-15 The operations related to commercial papers, both of their traditional and electronic types, and the provisions related to them in the Jordanian legislation Study the most common commercial companies and their registration procedures according to the Jordanian Companies Law 5 Study the legal protection of electronic transactions, in both its civil and criminal aspects 7 16 Review the course material + Final exams Disclaimer: Instructors may deviate from schedule 7. Teaching Methods: 7 6 Several teaching techniques and methods will be used to effectively facilitate the learning processof this course. These methods will include lectures, coursework, group discussions, tests and exams. Where possible, guest speakers will be invited to provide students with practical experiences that will help them to deepen their theoretical knowledge. 7. Assessment: The course is intended to provide students with theoretical and practical knowledge that will help them in putting theory in practice. Various assessment techniques will be used to assess students’ understanding of the module. The breakdown of the weight of each element is: [Please modify the table based on your assessment types, weights and expected due date per each assessment]. Table 4 Assessment Breakdown for this Module Assessment Expected Due Date End-of-term Week 6 TBD TBD TBD Throughout the course Exam Mid-term MCQ Quiz Individual project Group presentations Quiz 1 In-class Participation Total Weight 40% 30% 10% 5% 10% 5% 100% The link between each assessment and CLO/PLO are: [Kindly modify the CLO/PLO as per your assessment] Assessment type Exam Mid-term Individual Project Quizzes Participation CLO1 √ √ CLO2 CLO3 CLO4-5 √ √ √ √ √ CLO67 √ √ √ √ √ √ √ √ √ As for the marking criteria for each assessment technique, each has a rubric that demonstrates the mark/band the students can achieve in this 8 [Please modify the content of your rubric for each assessment type to meet the criteria for your own assessment and the mark for each band. Having a rubric is a must for projects & participation. Also highly recommended for essay exams]: Rubric for Written Exam Questions Criteria/band Fail Suitability of the answer 15 marks Understanding theory of 15 marks Marginal Answer does not address Answer addresses the the question. questions with limited improvisation on the answer. Answer lacks critique of the theory. the Lacks theoretical understanding of the core concepts of marketing channels strategy Link between theory and practice. Merit Distinction Clear and logical answer Question is well-answered that addresses the question with critical analysis of the and expand on the theory. core marketing concepts. Attempts to provide critical analysis of core marketing channel concepts. Shows good Shows good understanding of the understanding of the theory and its application subject area. There is a in practice good link between theory and practice. Shows solid understanding of the core concepts with strong link between theory and practice. No examples provided to Some examples are Examples are provided Excellent demonstration of support the argument. provided to support the and clearly links to the putting theory into practice. arguments made. theory described. 10 marks Mark (out of X marks) Rubric for Evaluating Project Fail Marginal Merit Distinction Content & Knowledge Lacks theoretical understanding of the core concepts and no link to practice. Shows good understanding of the theory and its application in practice Shows good understanding of the subject area. There is a good link between theory and practice. Shows solid understanding of the core concepts with strong link between theory and practice. Organization & Style Sequence of information is difficult to follow. No apparent structure or continuity. Good presentation of information with some flow in sections. Information is presented in a logical manner, which is easily followed. Arguments are well-put and justified properly. Criteria/Band Purpose of work is not Purpose of work is clearly stated. present. 9 Purpose is clearly stated and explains the structure of work. Purpose of work is clearly stated and assists the structure of work. Format & Aesthetics Work is illegible, format changes throughout, e.g. font type, size etc. Format is generally consistent including heading styles and captions. Figures/tables are captioned Report is well- Professionally presented with structured with exceptional structure and use figures/tables are of captions. clearly captioned. Heading styles appropriately used. Spelling & Grammar Numerous spelling Minor spelling and Limited Negligible misspellings and grammatical grammatical misspellings and/or and/or grammatical errors. errors. mistakes grammatical errors. References Information presented lacks literature support and no references given Good use of references mainly cited from the textbook. References appropriately cited using APA style. Various literature sources are used to support the arguments. References appropriately cited using APA style. Significant use of references to back up the arguments made. APA style is used correctly. Mark (out of 10 marks) 0-2 3-4 5-7 8-10 Rubric for Mid-Term Criteria/band Fail Marginal Merit Distinction Understanding of the theory and practice in the Jordanian legal system, contracts and companies’ structure in Jordan Lacks understanding of the legal framework, contacts format and elements and companies’ operations and types. Shows some understanding of legal framework, contacts format and elements and companies’ operations and types. Shows good understanding legal framework, contacts format and elements and companies’ operations and types. Shows solid understanding of the core concepts of legal framework, contacts format and elements and companies’ operations and types. 30 marks 10 Mark (Out of 30 marks) 0-10 10-16 17-24 25-30 Rubric for Quiz Criteria/band Fail Marginal Merit Distinction Understanding of the theory Lacks understanding of the legal framework, contacts format and elements. Shows some understanding of the legal framework, contacts format and elements. Shows good understanding of the legal framework, contacts format and elements. Shows solid understanding of the core concepts of the legal framework, contacts format and elements. 0-3 4-6 6-8 9-10 Mark (Out of 10 marks) Rubric for In-Class Participation Criteria/band Interaction and participation in classroom discussions And classroom learning activities Fail Marginal Merit Distinction No participation Some participation during the session throughout the course. and often causes distractions to colleagues. Frequently contributes to the discussion by raising thoughtful questions, analysing relevant issues. Always contributes to the discussion by raising thoughtful questions, analysing relevant issues, building on others’ ideas, synthesizing across readings and discussions. 0 3-4 5 5 marks Mark (out of 5 marks) 1-2 8. Rules and Regulations: Class Attendance and Participation: According to the University rules, class attendance is mandatory. Students are expected to attend all classes. Students who repeatedly arrive late to the lecture will be considered absent. Participation points are given to encourage students’ active class participation and discussion. Students will be rewarded with a high score as long as they come to class and actively contribute to the class discussion during recitations and lectures. 11 Use of Mobile Devices, Laptops, etc. during Class: As research on learning shows, unexpected noises and movement automatically divert and capture people's attention, which means students are affecting everyone’s learning experience if their cell phones, laptops, etc. make noise or are visually distracting during class. For this reason, students are required to turn off their mobile devices and close their laptops during class. Academic Integrity: Students must refrain from copying each other's work or using information without acknowledging the source of this information (i.e., providing a reference and in-text citation). A Turnitin plagiarism of 15-20% could result in a range of disciplinary measures ranging from written warning to deductions of marks from the submitted work. However, if the submitted work exceeds this percentage, the academic staff reserves the right to open a plagiarism investigation case. At the initial investigation stage (before any formal allegation of academic misconduct is made) a decision will be reached about whether the case constitutes plagiarism as opposed to poor scholarship. Where an initial investigation is conducted, the case will be forwarded to the Students’ Violation Committee to take appropriate actions. If the case constitutes plagiarism, the student(s) will be given a “0” mark for the entire module. Late Assignments: Assignments must be completed and submitted to me by the due date assigned by the module leader. Failure to submit the assignment by the due date will automatically result in “0” mark given for this assignment. If a student has an exceptional circumstance, they have to submit a mitigating circumstances form to the module leader a week prior to the assignment due date. If the form is approved, the student will receive an extra week to submit their work. 12