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 2 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. 3 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 4 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. 5 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 6 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 7 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 8