THE WILLIAM PATERSON UNIVERSITY OF NEW JERSEY CHRISTOS M..COTSAKOS COLLEGE OF BUSINESS COURSE OUTLINE - SPRING 2004 Course number and title: LAW 201 - The Legal Environment of Business Department: DEPARTMENT OF ACCOUNTING AND LAW Course Credits and Type: 3 credit lecture course Course Audience and Prerequisite: Open to all students. Core course Christos M. Cotsakos College of Business. There is no prerequisite for this course. Course Description: This course will require a knowledge of and an ability to discuss business law concepts and problems. Specifically, this course will examine legal history, the American Legal System and business organizations from a legal perspective. Objectives: The object of the course is to impart to the students an ability to use legal reasoning in the context of business decision making. An understanding of business law is essential for accountants and managers in the performance of their professional responsibilities. Also, an additional object of this course is to provide part of the fundamental knowledge required to pass the CPA examination. Student Learning Outcomes: Students must demonstrate an analytic ability to engage in business problem solving. Additionally, a student should possess a familiarity with ethical behavior in a business environment. Evaluation of Students: The evaluation of students will be based upon two take-home examinations, an in-class final examination, and three short legal research papers. The examinations are taken directly from the classroom lectures. A component based upon active participation may also be factored into the students final grade. (1) Two examinations will be take home examinations. The first will cover the material on Legal History (Topic II) and the second will include all material on the Legal System up through Administrative Agencies (Topics III-IV). Each examination which will consist of short essay type questions. The examinations will be open text book and open notes. It is not a research project and therefore no sources from outside the course will be permitted. Use of outside sources will result in a failing grade for the assignment. The assignment may be done individually or by a group. When done by a group, one paper will be submitted by the entire group. When a joint assignment is submitted all members of the group must agree to accept the same grade. Discussion outside of one's group will also result in the failure of the assignment. I would encourage the groups to be formed as early as possible to study together periodically throughout the course. Individual submissions are perfectly acceptable. The take-home midterms will be returned two weeks after distribution. Legal Env. of Bus. Spring 2004 Syllubus Page 2 (2) The final examination will consist of objective questions, identifications (a paragraph dictionary type definition) and case problems. The final examination will be a 2 ½ hour comprehensive examination given during the examination week. (3) The research component will consist of three short papers. The student is to find ONE case, ONE statute and ONE administrative regulation from the laws of the State of New Jersey based upon a BOLDED term found in the textbook from the chapters assigned in the course and as chosen by the student. The three research papers will be found by searching for primary legal materials both in the library and by using Lexis/Nexis. The class will go to the library for a lecture to learn the methodology of legal research. DO NOT MISS THIS CLASS AS THERE ARE NO READINGS IN THE TEXT ON THIS TOPIC. The case, statute and administrative regulation do not have to relate to each other only to the chosen term. The papers which the student will produce will consist of a short analysis (a brief) of the law found as a result of the research. Specifically, it will explain in the student's words what the case, statute and administrative regulation stated. Length is not relevant. Quality is crucial. It is imperative that when a term is chosen that at least one key legal issue of the briefed case must be within the context of the material from an assigned chapter. The case and statute can be found through Lexis/Nexis (Academic Universe), which is found on the Library Web Page and can be accessed through any campusnetworked computer or at home following instructions found on the Library Web Page. Caveat: Computers and their search engines are not a substitute for human intelligence. When a term is found through a search engine that is when your understanding has to begin. For example, if “at will” is the search term chosen,”at will” in the creation of a general partnership is appropriate but “at will” in the context of an employment contract is not (award of No Credit) on the assignment. Also, the material is found in paper form in the reference section of the library. The process of Sheperdizing and search for an administrative regulation have to be done in a library containing the appropriate sources. Each paper will contain a short analysis of the chosen law. (Sample case brief found in the text on p. 12. and in handout) The format for the case brief should be of the students choosing but should include the following: facts(including the history of the case starting with the trial court’s decision), legal issue (question of law for the court decide - not asking who will win), decision and the courts reasoning. All papers should conclude with the student’s own analysis of the law. The analysis should include agreement or disagreement with the decision along with substantive reasons for that conclusion. The student should comment should an ethical questions arise. The presentation should be in your own words. Do not quote from the law itself. This is not a typical research paper. Cutting and pasting is a violation of the Academic Integrity Policy (See below). Attached to the case paper should be photocopied pages (title page and page with the relevant citation) from Shepherd’s Citator ( may require more than one volume for all years from the date of your case to the last Citator found in the library). All papers must be typed (double spaced), proof read and use proper grammar and spelling. Legal Env. of Bus. Spring 2004 Syllubus Page 3 Remember, if formal writing is not one of your greatest skills, before submission, you can take your paper to the Writing Center (Atrium 128) for additional help. The case paper should be a maximum of 2 ½-3 pages. The statute and administrative regulation papers will be shorter. Should a student wish to improve his/her grade, the paper may be resubmitted for regrading within one week of its return to the student. Failure to submit one or more papers or failure to meet the requirements of the assignment will cause a No Credit grade (zero) to be awarded and calculated in the final grade. Violation of the Academic Integrity Policy will result in a grade of F with no rewrite permitted. No rewrites will be accepted beyond one week from the date the papers are returned in class. (4) Active classroom participation and attendance are stressed. These can mean the difference between two grades (A- to A). The active participation grade will not overcome poor performance on the examinations. It is used only when a student is between two grades. Legal Env. of Bus. Spring 2004 Syllubus Page 4 Grading: The following weighting will be used: a. b. c. c. c. Take Home Examination #1 . . . . . .1/6 Take Home Examination #2 . . . . . .1/6(take homes total 1/3 of final grade) Final Examination . . . . . . . . . . . . . 1/3 Research Papers . . . . . . . . . . . . . . . 1/3(roughly 10% for each paper) Active participation . . . . . . . . . . . . xx (to be used when a student is between two grades) All grades will be administered according to the following standard: A 1 B+ B 2 100 - 92 91 - 90 89 - 88 87 - 82 81 - 80 C+ 79 - 78 C 77 C71 D+ 69 D 67 - 72 70 68 60 F 59 - 0 For what level of work generally constitutes a grade of A, B, C, D or F see the university catalogue. More specifically on the examinations the above grade distribution will be used (no curve). Textbook: Smith and Roberson’s Business Law; Mann, Richard A.; Roberts, Barry S., 12th ed., West Publishing Company. Contact: Professor Robert W. Bing Office: Valley Road Building, Room 4067 Telephone number: Academic Office: 973-720-2190 E-mail address: bingr@wpunj.edu (Preferred method of contact) Office hours: M 4:00 - 5:30 R 2:00 - 3:30 Other Hours By Appointment Teaching Methods: The class will follow a lecture/class discussion format. Active classroom participation is expected of each student. Lectures on definitions and legal reasoning on various topics will be interspersed with the use of the Socratic method (question/answer). Students outside of class will be expected to brief cases and answer case problems taken from the text for presentation in class. Academic Dishonesty: Students will abide by the Academic Integrity Policy found in each student’s handbook. In general violations of the policy will cause a grade of F to be awarded for the assignment. However, under the policy stricter punishments can be exacted for more flagrant violations. Legal Env. of Bus. Spring 2004 Syllubus Page 5 Attendance policy: Attendance will be taken each class. Attendance is crucial to making this course a success! It is impossible to do well in this course just by reading the text. A large percentage of the material is not found in the assigned readings. When there are a significant numbers of absences other student’s are penalized due to a lack of active student participation. Missing more than two classes will result in one point being subtracted from the final grade for each additional class missed without alternative arrangements having been made in advance with the professor. Never hesitate to come to class even if late or unprepared. Make-up Policy: Not submitting examinations or paper on a timely basis will cause a grade of F to be awarded for the assignment unless the professor receives advance notification from the student. Upon return to class proof of the excuse must be given immediately. Unless such notification is received, NO MAKEUPS OR LATE SUBMISSIONS WILL BE PERMITTED. No make-ups or extensions will be accepted beyond one week from the due date or return to the University whichever is sooner. Schedule and Contents: TOPIC SUBJECT ASSIGNMENT I Introduction to the course No assignment II Introduction to the law and legal history Chpt. 1, pp. 2-12 Chpt. 4, pp. 50-58 Cases: Marbury (Handout) Ryan p. 11 Reno p. 66 Silkwood p. 59 Problems: p. 71 #8, 9 EXAMINATION #1 III Legal structure of the United States: the courts Chpt. 3, pp. 25-38 Cases: Ram Products Co. p. 41 Brown p. 69 Problems: p. 47 #1-3, 5 PAPER #1 (Case) IV EXAMINATION #2 Legal structure of the United States: agencies Chpt. 5, pp. 73-79 Cases: American Airlines, Inc. p. 79 Problems: p. 96 #1-3 Legal Env. of Bus. Spring 2004 Syllubus Page 6 TOPIC V SUBJECT ASSIGNMENT Legal research No assignment Introduction to the legal organization of business Chpt. 31, pp. 548-567 Chpt. 32, pp. 577-586 Chpt. 33, pp. 595-607 Chpt. 34, pp. 616-629 Chpt. 35, p. 640-651 Chpt. 36, pp. 660-676 Chpt. 37, pp. 768-775 Cases: Chaiken p. 567 Standring pp. 636-637 Alzado p. 607 Coopers & Lybrand , p.632 Dodge p. 656 Problems: p.574 #3,4 p. 592 #4; p.613 #1 p. 638 #6 p. 658 #6 p. 687 #8 PAPER #2 (Statute) VI PAPER #3 (Administrative Regulation) FINAL EXAMINATION Legal Env. of Bus. Spring 2004 Syllubus Page 7 Schedule: The Legal Environment of Business - Law 201-04 Tuesday - Thursday 9:30-10:45am Valley Road 2002 The Legal Environment of Business - Law 201-01 Tuesday - Thursday 11:00-12:15am Valley Road 2001 TOPIC NUMBER OF SESSIONS APPROXIMATE DATE I 1 January 20 II 8 January 22 - February 24 TAKE-HOME EXAMINATION #1 February 24 (due March 9) RESEARCH PAPER (Case) March 2 (Tuesday) III 5 February 26- March 11 IV 4 March 23 - April 1 TAKE-HOME EXAMINATION #2 April 1 (due April 15) RESEARCH PAPER (Statute) April 6 (Tuesday) V 1 TBA VI 10 April 6 - May 6 RESEARCH PAPER (Administrative Regulation) April 20 (Tuesday) FINAL 9:30 Class (Section 04) May 13 (Thursday): 8:00 AM 11:00 Class (Section 01) May 11 (Tuesday): 11:00 AM ALL DATES OF CLASSROOM ASSIGNMENTS AND EXAMS #1 & #2 ARE APPROXIMATE UNIVERSITY CALENDER: February 2 (Monday) last day to request Pass/Fail or Audit February 17 (Tuesday) Monday class Schedule March 2(Tuesday) last day to withdraw from a Course March 14 - 20 (Sunday - Saturday) classes canceled for Spring Break Legal Env. of Bus. Spring 2004 Syllubus Page 8 April 15(Thursday) last day to apply for a leave of absence