LAW 252 – 01 - William Paterson University

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THE WILLIAM PATERSON UNIVERSITY OF NEW JERSEY
CHRISTOS M. COTSAKOS COLLEGE OF BUSINESS
COURSE OUTLINE – Spring 2010
Course number and title: LAW 252 - BUSINESS LAW II
Department: DEPARTMENT OF ACCOUNTING AND LAW
Course Credits and Type: 3 credit lecture course
Course Audience and Prerequisite: Open to all students. Business Law I or a course in common law
contracts is a prerequisite for this course. Students who have not taken such a course MUST drop this
course.
Course Description: This course will require knowledge of and an ability to discuss business law concepts
and problems. Specifically, Business Law II will examine the Uniform Commercial Code. The first part of
the course will center on a study of Commercial Paper (Article III) and Bank Deposits and Collections
(Article IV). The course will conclude with Sales Contracts (Article II).
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. For accountants an understanding of business law is essential in the
performance of his/her professional responsibilities. Also, for students wishing to sit for the CPA
Examination an additional and major object of this course is to provide part of the fundamental knowledge
required to pass the exam.
Student Learning Outcomes: Students must demonstrate an ability to engage in business problem solving
by analysis of case problems presented in the classroom and as given on exams. Further evidence of this
capability will be demonstrated through briefing cases submitted periodically throughout the course.
Additionally, a student should possess a familiarity with ethical behavior in a business environment
demonstrated through classroom discussion and analysis of end of chapter cases.
Evaluation of Students: The evaluation of students will be based upon a midterm and final examination,
periodic take-home quizzes, end of chapter case problems and two short papers. A component based upon
active participation may also be factored into the student’s final grade.
Examinations: The examinations will consist of objective questions, identifications (a paragraph dictionary
type definition), short essays and case problems. The examinations are taken directly from the classroom
lectures. The midterm will be given in class and last approximately 75 minutes. The final examination will
be a 2½-hour comprehensive examination given during the examination week.
Papers: Two short papers will be submitted on court cases chosen by each student. The papers will be briefs
of the chosen cases. (Sample brief found in handout). The legal issue in the case must be from a term found
bolded (shaded blue) throughout the assigned readings. It is imperative that when a term is chosen that the
legal issue of the briefed case must be within the context of the material from the assigned chapter and
be from the State of New Jersey. The cases will be found through Lexis/Nexis (Academic Universe), which
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is found on the Library Web Page and can be accessed through any campus-networked computer or at home
following instructions found on the Library Web Page. The research material is also found in paper form in
the reference section of the library. 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. The term must be in the context of the UCC or products liability in tort. For example, if
negligence is the search term, negligence in the design of a defective product is appropriate but negligence of
a lawyer in the performance of his/her professional responsibilities is not (award of No Credit on the
assignment). As a general rule do not use criminal cases as this is a course in civil law. The format should
be of the students choosing but should include the following: facts, the procedural history of the case starting
with the trial court’s decision followed by all appellate decisions, legal issue (question of law for the court
decide - not asking who will win), decision and the courts reasoning. The paper should conclude with the
student’s own analysis of the case. The analysis should include agreement or disagreement with the decision
along with substantive reasons for that conclusion. The student should comment should ethical questions
arise. The presentation should be in your own words. Do not quote from the case. This is not a typical
research paper. Cutting and pasting is a violation of the Academic Integrity Policy (See below). Attached to
the paper should be photocopied pages (title page and page with the relevant citation) from Shepherd’s
Citator as found on the web or in book form (may require more than one volume for all years from the date
of your case to the last Citator found in the library). The submitted assignment must be typed (double
spaced), proof read and use proper grammar and spelling. 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. It should be a maximum of 2½-3 pages. Should a student wish to improve his/her grade, the paper
may be resubmitted within one week of its original return to the student. The original graded paper must be
attached when resubmitted in order to receive a new grade. Failure to submit one or more papers or failure
to meet the requirements of the assignment will cause a No Credit grade (F) 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. The first paper must be completed by February 18. The second paper must be completed by
April 13. Late submission will cause the assignment to be penalized one full grade.
Take-Home Quizzes: Generally each completed topic will result in a take home quiz. The quiz is open
note and book and will be done in a group of two to three students. Consultation across groups, but not
writing the final submission, is permitted. Generally, they will consist of objective questions with an
explanation for the response. The instructor will allow students to form a group with names given to the
instructor next class. If no names are given the instructor will assign the group. Group members will be
expected to exchange schedules and e-mail addresses to complete the assignments. The quiz must be
returned one week after assignment. One quiz must be submitted per group. The quiz can generally be
answered in handwriting on the sheet provided.
End of Chapter Cases: At the end of each chapter are assigned case problems. Upon the completion of
the lecture materials each student will as homework complete and submit to the instructor at the very
next class an answer to each problem. The answers will be done individually and submitted in a typed
format. Problems will simply be checked for submission and effort.
Active classroom participation: Active participation and attendance are stressed. Active participation 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.
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Grading - All grades will be administered according to the following weighting and standard:
Weighting:
a.
b.
c.
d.
e.
Midterm Examination
Final Examination
2 Papers (Briefs and Analysis)
Quizzes
Active Participation
Standard:
A
AB+
B
B-
1/3
1/3
1/6
1/6
(to be used when a student is between two grades)
100 – 92
91 - 90
89 - 88
87 - 82
81- 80
C+
C
CD+
D
F
79 – 78
77 - 73
71 - 70
69 – 68
67 - 60
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: Business Law I & II; Kubasek, Browne, Herron, Giampetro-Meyer, Barracks, Dhooge and
Williamson; 1st ed.; 2009; The McGraw Hill Companies.
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 6:00 – 6:45 pm
T 9:30 – 10:45 pm
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 assigned topics will be
interspersed with the use of the Socratic method (question/answer). Students will be expected to brief cases
and answer case problems at home for presentation in class.
Student Responsibilities: It is the responsibility of each student to attend all classes and arrive on time. If a
student cannot attend class an e-mail to the professor is expected so that he/she can be informed of what
material was covered and to receive any assignments. Also assignments must be submitted in a timely
manner. Permission must be sought in advance from the professor if a submission is to be late. Due to the
large number of students in my sections and the volume of late submissions in past semesters such late
submissions must arrive one week after the return to class and sent via e-mail with a subject heading that the
e-mail contains the missing assignment as an attachment along with a paper copy handed to the instructor at
the next class. Because of the possibility of lost submissions do not leave papers under the door of my
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office. Do not hand assignments to the department secretary or student assistant nor leave them in my
faculty mail box. If no assignment is received in that week period a grade of zero will be awarded. Failure
to do meet one’s responsibilities will result in a penalty depending on the assignment.
Academic Dishonesty: The class will abide by the Academic Integrity Policy found in each student’s
handbook and on the University Web Page. Using another person’s words or ideas without attribution is a
clear violation of the policy (for example, cutting and pasting without attribution is a violation). In general
violations of the policy will cause a grade of F to be awarded for the assignment. More flagrant violations
can, however, call for punishments of a stricter nature to be exacted.
Attendance policy: Attendance will be taken each class. Attendance is crucial to make this course a
success! It is impossible to do well in this course just by reading the text. Also, when there are a significant
number of absences other students are penalized due to a lack of active student participation and with
questions being raised on issues already covered. One missed class will not be penalized but beyond that
one point will be subtracted from the final grade for each additional class missed without alternative
arrangements made in advance with the professor. Never hesitate to come to class even if late or
unprepared.
Make-up Policy: Not submitting examinations or papers 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 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. Failure to submit quizzes on a timely basis will
cause a subtraction of a point (1 out of 10) unless the professor receives advance notification from the
student.
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Schedule and Contents:
TOPIC
I
II
SUBJECT
ASSIGNMENT
Introduction to the Course
and the UCC
No assignment
Commercial Paper: Form
Library Instruction: Legal
Research
III
IV
V
VI
Commercial Paper: Transfer
and Endorsements
Commercial Paper:
Holder in Due Course
Commercial Paper:
Liability of the Parties
Bank Deposits
Chpt. 26, pp. 656-674
Cases: Samuel James Thompson p. 662
Ameritrust Company p. 668
Problems: p. 676, #7, 9, 10, 12
No assignment
Chpt. 27, pp. 682-690
Cases: Mid-Atlantic Tennis Courts, Inc. p. 687
Problems: p. 712, #11
Chpt. 27, pp. 680-681, 691-709
Cases: Michael J. Kane, Jr. p. 692
Maine Family Federal Credit Union p. 699
Problems: p. 710, #6, 9
Chpt. 28, pp. 714-724, 726-737
Cases: First National Bank p. 732
Problems: p. 738, #5, 12
Chapter 28, pp. 725-726
Chapter 29, pp. 742-764, 771
Cases: NBT Bank N.A. p.455
Problem: p. 739, #9, 10, 11
p. 774, #6, 7, 11
MIDTERM
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TOPIC
SUBJECT
VII
Sales: Introduction and
Modifications of
Common Law Contracts
VIII
Sales: Products Liability
IX
Sales: Transfer of Title
and Risk of Loss
X
Sales: Remedies
ASSIGNMENT
Chpt. 21, pp.538-560
Cases: Williams (Handout)
Novamedix, Ltd. p.544
Waukesha Foundry p. 551
Monetti, S.P.A. p. 553
Problems: p. 560, #4, 5, 6
Chpt. 9, pp. 238-255
Chpt. 10, pp. 260-284
Chpt. 25, pp. 632-651
Cases: Palsgraf p. 243
Ex Parte Emmette L. Barran III p. 251
Welge p. 271
Priscilla D. Webster p. 640
Shelley Jo Buettner p. 646
Problems: p. 258, #12. 14, 15
p. 285 #10, 11
p. 653 #12
Chpt. 22, pp. 564-585
Cases: Deweldon, Ltd. p. 546
Pileri Industries, Inc. p. 578
Problems: p. 585, #5, 11, 12, 13
Chpt. 23, pp. 591-602
Chpt. 24, pp. 610-628
Cases: DeJesus p. 595
King Aircraft Sales, Inc. p. 619
Problems: p. 607 #10, 12
p. 629 #6, 7
FINAL EXAMINATION
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LAW 252 – 01
Tuesday – Thursday 11:00 – 12:15 pm - Valley Road 2012
TOPIC
SESSIONS
DATE
I
2
January 19 - 21
II
5
January 26 - February 11
1
January 28 (Library 01)
Library Instruction
Completion of first paper
III
February 18
1
February 18
IV
1
February 23
V
2
February 25 – March 2
VI
1
March 4
1
March 9
6
March 11– April 6
MIDTERM
VII
Completion of second paper
April 13
VIII
4
April 6 - 20
IX
4
April 22 – May 4
X
1
May 6
FINAL
May 11 (Tuesday11:00 am)
ALL DATES OF CLASSROOM ASSIGNMENTS AND MIDTERM EXAMS ARE APPROXIMATE (Not bolded)
UNIVERSITY CALENDER:
January 18 (Monday) University closed for Martin Luther King Day
February 1 (Monday) last day to request Pass/Fail or Audit
February 15 (Monday) classes canceled for President’s Day
February 16 (Tuesday) follow a Monday schedule
March 8 (Monday)) last day for academic withdrawal for the spring semester
March 14 – 20 (Sunday -Saturday) classes canceled for Spring Break
April 2 – 4 (Friday – Sunday) classes canceled for Easter
April 15 (Thursday) last day to apply for a Leave of Absence
May 6 (Thursday) last day to withdraw from the University
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