Business Law 1 BUSINESS LAW (BUS365) Syllabus for FALL 2015 Instructor: Randal Eriksen, JD. Office: Thomas Jefferson Hall, Room 203 Phone: 792-2426 E-mail: rweriksen@lcsc.edu Office Hours: Office Hours: Monday and Wednesday 10:00 – 12:00, Tuesday and Thursday 8:00 – 9:00, or by appointment This class will be held Tuesday and Thursday weekly from 9:00 – 10:15 Introduction Business Law is an introduction to the legal issues in business. The class considers selected business law issues in a variety of formats. The student will review current news articles discussing the legal environment of business. The student will submit case briefs and analysis of problems as assigned. The student will participate in testing in different forms, including, short answer and essay questions. The student will author a paper on a business law topic of his or her own choosing. TEXT: Essentials of Business Law, Mann & Roberts, 12th edition; ISBN# 978-1-305-075436 If you need course adaptations or accommodations because of a disability, if you have emergency medical information to share with me, or if you need special arrangements in case the building must be evacuated, please make an appointment with me. Grading will be based on the following: 1. A unit test available after each of the five units. The tests may be open book and will be made up of M/C questions. The questions will ask the student to analyze the facts and correctly apply the law to the facts and come to a conclusion, answering the call of the question. The student should understand the vocabulary presented in each unit. Each unit test will be worth 200 points. Total points 1000. 2. There will be Daily quizzes each worth 25 points (at my discretion)… Business Law 2 3. A paper discussing a current legal issue affecting American business. The paper may be turned in any time after the completion of Unit two and no later than November 19, 2015. The paper is worth 200 points. 4. Each student will be expected to write out a will and living will; the assignment is worth 100 points and more will be explained prior to the due date (Dec 01). Instructor Expectations: This class is a survey of various legal issues in the business environment. The class is not intended to answer specific legal questions that you may have, but is instead intended to help you spot legal issues, understand legal analysis and gain an appreciation of the unique American legal system. The formal objectives of the class are: 1. 2. 3. 4. 5. 6. To be exposed to the various areas of the law that affect business. To be able to recognize legal problems. To understand how the American legal system works. To improve the ability to think and to analyze problems. To learn general concepts about the law that every citizen should know. To understand legal reasoning. You should analyze each problem for purposes of coming to a conclusion. It is not so important that you get to what I might think is the right answer, it is more important that you apply the law to the facts of the problem and in doing so come to a conclusion. I am interested in your analysis, which is the process of thinking aloud, expressed by your written answer to the problem assigned to you. This analytical procedure is called IRAC. Spot the Issue, list the Rule of law ( and the elements) that applies to that issue, give a brief Analysis of the law based upon the facts of the case (using the elements as support) , and give a Conclusion based upon the specific facts. Anytime there is binding authority (case law by a higher court that is on point) make sure that you utilize this to argue your conclusion in the analysis stage. If there is persuasive authority (case law from same court level and/or from other districts) you can use it to argue your points as well remembering that the courts do not have to follow that case law. Arguing both sides is always the best way to gain full points. Academic Integrity/ Professionalism: Academic dishonesty of any type will not be tolerated. This includes, but is not limited to plagiarism and copying others responses during exams. No hats or sunglasses will be allowed during exams. Students are encouraged to participate and have fun in class, but also should behave in a courteous and professional manner. Please: - Do not talk (i.e. visit) during class - Arrive to class on time - Turn cell phones off - Do not sleep during class Business Law 3 Business Law (BUS365) Paper Due: November 19, 2015 Subject: The discussion of an issue relating to Business and the Law. Suggestions: The paper is intended to give you an opportunity to explore or develop a topic or area in the legal environment of business that you find interesting. No particular topic will be assigned to you nor does the topic have to be one that we cover in class. You can review newspapers or magazines for potential topics if nothing in your own experience or that we discuss in class appeals to you. For example, you can write about your own work environment or your family’s business experiences. Instructor's Approval: No advance approval of paper topics is necessary or required. You can discuss proposed topics after class or by e-mail if you would like some feedback prior to beginning. Formal Requirements: Your paper must be without exception typewritten (space and a half, 12 font) and at least six pages in length. A bibliography is helpful but is not absolutely necessary. However if the ideas that you express in the paper are not yours, you should give credit where credit is due. Plagiarism has no place in the study of business law. Grading Expectations: Your grade will be awarded based on the following considerations: 1. How well is your topic developed? Is the discussion focused on a manageable subject? Does the paper demonstrate your focus? 2. Did you wrestle with your topic? Was there some analytical thought expressed? Was there an analysis of an issue or a set of facts? Business Law 4 3. Did you demonstrate an understanding of the legal issue or the business issue? 4. Did you explain what it was you were going to discuss and why? 5. Do you offer a conclusion? Does your paper end with a point? (For example, I learned this or I have this point to make.) Here is a sample of the grade sheet: Student: Assignment: Paper for B-Law Meeting Requirements (number of pages, Spacing, Citing sources, Etc): 30 Grammar (readable): 40 Legal Topic Fully Covered: 50 Quality of paper (interesting, and well written): 80 Total Points: 200 Points Possible Comments: Earned Business Law 5 BUSINESS LAW (BUS365) CALENDAR Fall 2015 Week One: Overview of Class, Syllabus Chapter 1 – Introduction to Law and Legal Reasoning Chapter 2 – Business Ethics Week Two: Chapter 3- Civil Dispute Resolution Chapters 4 – Constitutional Authority to Regulate Business Week Three: Test # 1 over Chapters 1-4 Chapter 5 – Administrative Law Week Four: Thursday Sept 17 NO CLASS Chapter 6 – Criminal Law Week Five: Chapter 7- Intentional Torts Chapter 8 – Negligence and Strict Liability Week Six: Test # 2 over Chapters 5-8 Chapter 9- Contracts Week Seven: Chapter 10 - Mutual Assent Chapter 11 - Conduct Invalidating Assent Week Eight: Chapter 12 – Consideration Chapter 13 – Illegal Bargains Week Nine: Chapter 14 – Contractual Capacity Chapter 17 – Performance, Breach, and Discharge Week Ten: Paper outline due October 29 Chapter 18 – Contract Remedies Test # 3 over Chapters 9, 10, 11, 12, 13, 14, 17, 18 Week Eleven: Chapter 30 – Formation and Dissolution of General Chapter 31 - Operation of General Partnerships Business Law 6 Week Twelve: Chapter 32 – Limited Partnerships and LLC Chapter 41 – Employer Law Week Thirteen: Paper Due November 19th Chapter 44 – Consumer Protection Test #4 over Chapters 31, 32, 33, 42, 45 Week Fourteen: Thanksgiving Break Week Fifteen: Will Assignment Due December 01 Chapter 47 – Intro to Property Chapter 48 – Interests in Real Property Week Sixteen: Chapter 49 – Transfer and Control in Real Property Chapter 50 - Wills and Trusts FINAL Wednesday December 17th Business Law 7 Syllabus Addendum Consumer Information In 2008, the federal government required all post-secondary institutions offering federal financial aid programs to provide key data to both prospective and current students. To comply with this requirement, Lewis-Clark State College has developed a consumer information page, which may be accessed at http://www.lcsc.edu/studentconsumer-information/ Disability Accommodations Students requiring special accommodations or course adaptations due to a disability and/or a health-related issue should consult their course instructors and the LCSC Student Counseling Center immediately (RCH 111, 792-2211). Official documentation may be required in order to provide an accommodation and/or adaptation. Student Rights and Responsibilities Students have the responsibility for knowing their program requirements, course requirements, and other information associated with their enrollment at LCSC. Students should review the LCSC General Catalog (http://webdev.lcsc.edu/catalog and the LCSC Student Handbook (http://www.lcsc.edu/media/1152314/13-14Student-Handbook-Revised.pdf) for more information. Accidents/Student Insurance Students participating in LCSC classes normally must look to their personal health insurance policy (Student Health Insurance Plan or comparable private coverage) should an accident occur. In the event of an accident, please seek medical help, if necessary, and report the incident to LCSC Security (792-2226). Fieldtrips or other special student activities may also require students to submit a signed participation waiver (forms can be obtained from the supporting Division Office). Enrollment Verification/Attendance Students who are not actively pursuing their classes may have to repay part or all of their financial aid awards depending upon the circumstances. Academic Dishonesty Academic dishonesty, which includes cheating and plagiarism, is not tolerated at LCSC. Individual faculty members will impose their own policies and sanctions regarding academic dishonesty. Students who are accused of being academically dishonest may be referred to the VP for Student Affairs for official disciplinary action. Illegal File Sharing Students using LCSC’s computers and/or computer network must comply with the college’s appropriate use policies and are prohibited from illegally downloading or sharing data files of any kind. Specific information about the college’s technology policies and its protocols for combating illegal file sharing may be found on the VP for Student Affairs’ web page (http://www.lcsc.edu/student-affairs/student-code-of-conduct/ ). Diversity Vision Statement Regardless of race, color, age, sex, religion, national origin, disability, veteran status, or sexual orientation, you will be treated and respected as a human being. Disclosures During this course, if you elect to discuss information with me which you consider to be sensitive or personal in nature and not to be shared with others, please state this clearly. Your confidentiality in these circumstances will be respected unless upholding that confidentiality could reasonably put you, other students, other members of the campus community, or me in danger. In those cases or when I am bound by law to report what you have told me, such as incidents involving sexual assault or other violent acts, I will submit a report to appropriate campus authorities. Updated January 2014 Business Law 8 Component Hours A. Accounting (ACT) 1 B. Marketing (MKT) 1 C. Finance (FIN) 3 D. Management 1. Management Principles (MGT) 4 2. Organizational Behavior (OB) 2 3. Human Resource Management (HRM) 4 4. Operations Management (OM) 1 Total Management E. Economic/Social/Legal Environment 1. Legal Environment of Business (LAW) 2. Economics (ECN) 0 3. Business Ethics (ETH) 2 Total Economic/Social/Legal Environment F. 11 26 28 Decision-Support Tools 1. Information Systems (IS) 0 2. Quantitative Methods/Statistics (QM) 0 Total Decision-Support Tools 0 G. Global Dimensions of Business (GLOB) 1 H. Integrative Experience (INT) 0 Total Contact Hours 45