COURSE DESCRIPTION
STUDENT LEARNING OUTCOMES
BLAW 6301.87 – Legal Environment of Business – WWW – ONLINE
– WWW
Fall 2012 Course Syllabus
TEXTBOOK(S)
EVALUATION/ASSESSMENT
GRADING POLICY
Location:
Email:
Instructor: T. Mark Blakemore
EDBC 2.530
Phone:
Mark.Blakemore@utb.edu
Office
Hours:
(956) 8827884
TWTh 1:305:00 PM or
by appointment
ABSENCES AND MAKE-UP WORK
UNIVERSITY POLICIES
Contact Methods:
You may contact me using any of the information shown above. Please
feel free to reach me if you have any questions regarding content, if you
need clarification, or would like assistance.
Mission Statement
This course is offered by The University of Texas at Brownsville and Texas Southmost College School of
Business committed to “Student Success Through Assurance of Learning.” The Mission of the
School of Business is to prepare students in the bicultural Lower Rio Grande Valley of Texas for their
careers by offering associate, bachelor, and master degree business programs. As part of a community
university focused on student learning, the School of Business emphasizes teaching, enriched by
scholarship and service, to help students develop analytical, problem solving, and information technology
skills; supports the development of communication skills of our predominantly bilingual students; provides
a supportive learning environment; and encourages ethical behavior and involvement with the business
community.
e-mail Communications
All Business Administration students are required to have a UTB e-mail account and password. Please
use your UTB e-mail account when corresponding with your professor. I require that you type your
course and section number in the Subject line and your name and student ID and at the end of the
e-mail message. As a member of the university community, you are expected to communicate in a
professional manner, using complete sentences, proper grammar, punctuation and spelling.
COURSE DESCRIPTION [TOP]
A. BLAW 6301/MBAO 6333 is an intensive study of the legal environment of business. The course
begins with an overview of the court system, dispute resolution, ethics, constitutional law, criminal law
and torts. It progresses into areas of law directly applicable to the business environment. Business topics
will include contracts, sales, agency, business entities, property, insurance, antitrust law, bankruptcy,
administrative law, environmental law, employment law and international law.
B. The course may be taken as an elective in graduate business and other degree plans. In order to take
an elective in other degree programs, the student must obtain approval from the chair of that department.
It is an approved course for the MBA Online Program.
C. This course is occupationally related and serves as preparation for a career in general business
management. It addresses in part material relevant to the CPA examination.
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D. Twenty (20) hours per week is estimated necessary to successfully complete the course through
study, assignments and quizzes.
STUDENT LEARNING OUTCOMES [TOP]
Upon successful completion of this course, BLAW 6301, the student should be able to:
A. understand fundamental legal terminology regarding the judicial system, contracts, business
organizations, bankruptcy, torts, commercial transactions, government regulation, property, and
international law;
B. identify and explain the required elements of tort, the requirements of contracts; recognize the
elements of agency and the consequences of agency; understand various forms of business
organizations; understand the basics of bankruptcy; identify and explain the required elements of
commercial transactions, the breadth of governmental regulation of business; understand the concepts of
property in a legal framework as applied to business and individuals; and understand the basics of
international law.
C. differentiate between business ethics and legal issues.
TEXTBOOK(S) & OTHER RESOURCES [TOP]
The Legal Environment of Business, Text and Cases, Ethical, Regulatory, Global, and Corporate Issues
by Cross and Miller, 8th Edition, published by South-Western Cengage Learning, 2012. ISBN# 10:
0538453990
In addition to hardcover text for purchase or rent, the book is available electronically at
CengageBrain.com
An online access or downloadable version is available at CourseSmart.com
EVALUATION/ASSESSMENT [TOP]
A. Reading Assignments: READ TEXT ASSIGNMENTS PRIOR TO TAKING THE CHAPTER
QUIZZES.
B. Course Delivery: Required assignments include reading, quizzes, six unit exams, discussions,
writing exercises and a final exam. Due dates and times for each assignment or assessment are set out
in the Coursework and Exam Schedule posted in the Calendar module on Blackboard. The instructor is
available via e-mail and telephone for questions and clarification of course content and concepts.
C. Quizzes: There will be a Chapter Quiz of 20 multiple choice or true/false questions for each of the
Chapters assigned for reading during the course. Each Chapter Quiz, available for one hour through the
Unit Modules in Blackboard, may be taken twice and the highest grade will be used for the quiz
grade. Chapter Quizzes cumulatively will count for 14% of the final course grade. Quizzes are due by
11:59 p.m. on the due date set in the Coursework and Exam Schedule posted in the Calendar on
Blackboard. No make-ups are available.
D. Unit Exams: There will be six (6) scheduled Unit Exams available in the Unit Modules in Blackboard
that collectively will count for 30% of the final course grade. Each exam of 50 multiple choice or true/false
questions to be completed in one hour and thirty minutes online will count as 5% of the final course
grade. Each is due by 11:59 p.m. on the due date set in the Coursework and Exam Schedule. No makeups are available.
E. Writing: During the first three weeks of the course, each student is expected to participate in group
discussions utilizing the Discussion Board module in Blackboard covering personal introductions
of course participants, brainstorming for project problems and other topics of interest. Writing
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assignments also include six (6) Discussion Board Fora on ethics topics from each unit. Each forum is
assigned ten (10) possible points earned by responding to the given topic and replying to at least two (2)
of the postings of your classmates. Use proper grammar, spelling, punctuation and paragraph writing
style. Four writing assignments will use the online program called Write Experience. All writing
assignments total 26% of the final course grade, 12% attributed to the Discussion Board Fora and 14%
attributed to the Write Experience assignments. No make-ups are available.
F. Group Project: Approximately midway through the semester students will be divided into working
groups and receive detailed instruction to complete a project due the last week of class. The project is
designed to confront the group with a legal problem facing the group's "company." The group will be
required to analyze the problem and determine a plan of action for responding to the problem. The
group’s writing effort will be submitted in Blackboard. The Group Legal Project will determine 20% of the
final course grade, 10% attributed to the group project grade and 10% attributed to the project grade
adjusted by group peer evaluations. All deadlines are strictly enforced and no extensions or make-up
work will be available.
G. Final Exam: The final exam in this course will be administered online during Finals Week. It will
cover all course material through 100 multiple choice or true/false questions. The final exam will count as
10% of the final course grade. No make-up is available.
GRADING POLICY [TOP]
SOURCES
VALUES
Quizzes
Unit Exams
Write Experience
Group Legal Project
Discussion Board
Final Exam
TOTAL
14%
30%
14%
20%
12%
10%
100%
GRADE TABLE
A+
4 grade points
(98-100)
A
4 grade points
(93-97.9)
A-
3.67 grade points
(90-92.9)
B+
3.33 grade points
(87-89.9)
B
3 grade points
(83-86.9)
B-
2.67 grade points
(80-82.9)
C+
2.33 grade points
(77-79.9)
C
2 grade points
(73-76.9)
C-
1.67 grade points
(70-72.9)
D+
1.33 grade points
(67-69.9)
D
1 grade point
(63-66.9)
D-
0.67 grade points
(60-62.9)
F
0 grade points
(Below 60)
ABSENCES AND MAKE-UP WORK [TOP]
More than adequate date and time periods are allowed for completion of the assignments and
assessments. No make-up work is available. Plan your time accordingly and use this course to help you
break whatever procrastination habits you may have. It is recommended that you do not wait until the
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final due date to complete the assignments. Do not ask to make up missed assignments for any reason
and do not ask for extra credit work.
UNIVERSITY POLICIES [TOP]
SCHOLASTIC DISHONESTY
Students who engage in scholastic dishonesty are subject to disciplinary penalties, including the
possibility of failure in the course and expulsion from the University. Scholastic dishonesty includes but is
not limited to cheating, plagiarism, collusion, submission for credit of any work or materials that are
attributable in whole or in part to another person, taking an examination for another person, any act
designed to give unfair advantage to a student, or the attempt to commit such acts. Since scholastic
dishonesty harms the individual, all students and the integrity of the University, policies on scholastic
dishonesty will be strictly enforced. (Board of Regents Rules and Regulations)
All scholastic dishonesty incidents will be reported to the Dean of Students. Do not allow your peers to
pressure you to cheat. Your grade, academic standing and personal reputation are at stake. For a brief
informative video on cheating and its consequences click on “Academic Integrity at UTB/TSC” at this link:
http://www.utb.edu/sa/judicial/Pages/academicIntegrity.aspx
STUDENTS’ ACADEMIC RESPONSIBILITIES
Students are expected to be diligent in their studies and attend class regularly and on time. Students are
responsible for all class work and assignments. On recommendation of the instructor concerned and with
the approval of the Dean, students may, at any time, be dropped from courses. This may result in a “W”
or “F” on the student’s permanent record.
EMERGENCY POLICY STATEMENT
In compliance with the Emergency UTB/TSC Academic Continuity Program, academic courses, partially
or entirely, will be made available on the MyUTB Blackboard course management system. This allows
faculty members and students to continue their teaching and learning via MyUTB Blackboard
http://myutb.blackboard.com, in case the university shuts down as a result of a hurricane or any other
natural disaster.
The university will use MyUTB Blackboard to post announcements notifying faculty members and
students of their responsibilities as a hurricane approaches our region. If the university is forced to shut
down, faculty will notify their course(s). To receive credit for a course, it is the student’s responsibility to
complete all the requirements for that course. Failure to access course materials once reasonably
possible can result in a reduction of your overall grade in the class.
To facilitate the completion of class, most or all of the communication between students and the
institution, the instructor, and fellow classmates will take place using the features in your MyUTB
Blackboard and UTB email system. Therefore, all students must use Scorpion Online to provide a
current email address. Students may update their email address by following the link titled “Validate your
e-Mail Account” in MyUTB Blackboard Portal. In the event of a disaster that disrupts normal operations,
all students and faculty must make every effort to access an internet-enabled computer as often as
possible to continue the learning process.
EMERGENCY NOTIFICATION SYSTEM
UTB/TSC has implemented an emergency communication system to provide students, faculty, staff and
visitors with important information in the event of an impending threat. This system allows UTB/TSC to
send time sensitive notifications via telephones, computers, indoor speakers in classrooms and
laboratories, outside speakers, e-mail messages, and announcements on the University’s home page:
www.utb.edu. The notification methods used will vary depending on the level of the emergency.
Messages will communicate the current situation and provide guidance for what action needs to be taken
immediately.
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AMERICANS WITH DISABILITIES ACT (ADA)
Students with disabilities, including learning disabilities, who wish to request accommodations in this
class, should notify the Disability Services Office early in the semester so that the appropriate
arrangements may be made. In accordance with federal law, a student requesting accommodations must
provide documentation of his/her disability to the Disability Services counselor. For more information,
visit Disability Services in the Lightner Center, call 956-882-7374 or mailto:steve.wilder@utb.edu.
Course Outline
COURSE OUTLINE BASED UPON THE TEXT BOOK TABLE OF CONTENTS
Unit ONE. THE FOUNDATIONS, 1
Chapter 1. Business and Its Legal Environment, 2
Business Activities and the Legal Environment, 2
Sources of American Law, 4
The Common Law Tradition, 7
Schools of Jurisprudential Thought, 13
Classifications of Law, 14
How to Find Primary Sources of Law, 15
How to Read and Understand Case Law, 21
Chapter 2. The Court System, 28
The Judiciary's Role in American Government, 28
Basic Judicial Requirements, 29
The State and Federal Court Systems, 37
Judicial Procedures: Following a Case Through the Court, 40
Chapter 3. Alternative and Online Dispute Resolution, 57
The Search for Alternatives to Litigation, 57
Negotiation and Mediation, 58
Arbitration, 59
The Integration of ADR and Formal Court Procedures, 70
ADR Forums and Services, 71
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International Dispute Resolution, 72
Chapter 4. Ethics and Business Decision Making, 76
Business Ethics, 76
Ethical Transgressions by Financial Institutions, 82
Approaches to Ethical Reasoning, 83
Making Ethical Business Decisions, 87
Practical Solutions to Corporate Ethics Questions, 88
Business Ethics on a Global Level, 89
UNIT ONE: FOCUS ON ETHICS: THE FOUNDATIONS, 94
Unit TWO. THE PUBLIC AND INTERNATIONAL ENVIRONMENT, 97
Chapter 5. Constitutional Law, 98
The Constitutional Powers of Government, 98
Business and the Bill of Rights, 103
Due Process and Equal Protection, 110
Privacy Rights, 112
Chapter 6. Administrative Law, 117
The Practical Significance of Administrative Law, 117
Agency Creation and Powers, 118
The Administrative Procedure Act, 121
Judicial Deference to Agency Decisions, 125
Enforcement and Adjudication, 127
Public Accountability, 130
Chapter 7. Crimial Law and Cyber Crime, 137
Civil Law and Criminal Law, 137
Criminal Liability, 139
Types of Crimes, 141
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Defenses to Criminal Liability, 149
Criminal Procedures, 150
Cyber Crime, 156
Chapter 8. International Law in a Global Economy, 163
International Law, 163
Doing Business Internationally, 166
Regulation of Specific Business Activities, 168
U.S. Laws in a Global Context, 173
UNIT TWO: FOCUS ON ETHICS: THE PUBLIC AND INTERNATIONAL ENVIRONMENT, 179
Unit THREE. THE COMMERCIAL ENVIRONMENT, 183
Chapter 9. Contract Formation, 184
An Overview of Contract Law, 184
Types of Contracts, 186
Agreement, 190
Consideration, 199
Contractual Capacity, 201
Legality, 202
Voluntary Consent, 205
Form—The Statute of Frauds, 208
Third Party Rights, 208
Chapter 10. Contract Performance, Breach, and Remedies, 213
Discharge by Performance, 213
Discharge by Agreement, 217
Discharge by Operation of Law, 218
Remedies for Breach of Contract, 223
Chapter 11. Sales, Leases, and E-Contracts, 233
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The Scope of Article 2—The Sale of Goods, 233
The Scope of Article 2A—Leases, 235
The Formation of Sales and Lease Contracts, 235
Title, Risk, and Insurable Interest, 241
Performance of Sales and Lease Contracts, 246
Remedies for Breach of Sales and Lease Contracts, 250
Sales and Lease Warranties, 254
E-Contracts, 257
International Sales Contracts, 260
Chapter 12. Torts and Cyber Torts, 268
The Basis of Tort Law, 268
Intentional Torts against Persons, 269
Business Torts, 275
Intentional Torts against Property, 276
Negligence, 279
Defenses to Negligence, 284
Special Negligence Doctrines and Statutes, 288
Cyber Torts, 289
Chapter 13. Strict Liability and Product Liability, 294
Strict Liability, 294
Product Liability, 295
Strict Product Liability, 295
Defenses to Product Liability, 302
Chapter 14. Intellectual Property and Internet Law, 308
Trademarks and Related Property, 308
Cyber Marks, 313
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Patents, 315
Copyrights, 319
Copyrights in Digital Information, 321
Trade Secrets, 324
International Protection for Intellectual Property, 325
Chapter 15. Creditor-Debtor Relations and Bankruptcy, 331
Laws Assisting Creditors, 331
Suretyship and Guaranty, 333
Protection for Debtors, 337
Bankruptcy Law, 338
Liquidation Proceedings, 339
Reorganizations, 349
Bankruptcy Relief under Chapter 13 and Chapter 12, 350
Chapter 16. Mortgages and Foreclosures after the Recession, 359
Mortgages, 359
Real Estate Financing Law, 362
Foreclosures, 365
UNIT THREE: FOCUS ON ETHICS: THE COMMERCIAL ENVIRONMENT, 374
Unit FOUR. THE BUSINESS ENVIRONMENT, 379
Chapter 17. Sole Proprietorships, Franchises, and Partnerships, 380
Sole Proprietorships, 380
Franchises, 381
Partnerships, 388
Chapter 18. Limited Liability Companies and Limited Partnerships, 402
The Limited Liability Company, 402
Management and Operation of an LLC, 407
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Dissociation and Dissolution of an LLC, 408
Limited Liability Partnerships, 409
Limited Partnerships, 410
Chapter 19. Corporations, 417
The Nature and Classification of Corporations, 417
Corporate Formation, 422
Corporate Powers, 426
Piercing the Corporate Veil, 427
Directors and Officers, 430
Shareholders, 436
Major Business Forms Compared, 442
UNIT FOUR: FOCUS ON ETHICS: THE BUSINESS ENVIRONMENT, 447
Unit FIVE. THE EMPLOYMENT ENVIRONMENT, 449
Chapter 20. Agency, 450
Agency Relationships, 450
Formation of the Agency Relationship, 452
Duties and Rights of Agents and Principals, 455
Scope of Agent's Authority, 459
Liability for Contracts, 463
Liability for Torts and Crimes, 465
Termination of an Agency, 468
Chapter 21. Employment Relationships, 474
Employment at Will, 474
Wage and Hour Laws, 478
Layoffs, 480
Family and Medical Leave, 481
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Worker Health and Safety, 483
Income Security, 484
Employee Privacy Rights, 487
Chapter 22. Employment Discrimination, 493
Title VII of the Civil Rights Act of 1964, 493
Discrimination Based on Age, 500
Discrimination Based on Disability, 503
Defenses to Employment Discrimination, 507
Affirmative Action, 508
Chapter 23. Immigration and Labor Law, 513
Immigration Law, 513
Federal Labor Laws, 517
The Decision to Form or Select a Union, 518
Union Election, 520
Collective Bargaining, 523
Strikes and Lockouts, 524
Unfair Labor Practices, 526
Rights of Nonunion Employees, 528
UNIT FIVE: FOCUS ON ETHICS: THE EMPLOYMENT ENVIRONMENT, 534
Unit SIX. THE REGULATORY ENVIRONMENT, 537
Chapter 24. Consumer Protection, 538
Deceptive Advertising, 539
Labeling and Packaging Laws, 542
Sales, 544
Credit Protection, 545
Consumer Health and Safety, 550
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Chapter 25. Environmental Law, 555
Common Law Actions, 555
Federal, State, and Local Regulations, 556
Air Pollution, 557
Water Pollution, 560
Toxic Chemicals, 564
Hazardous Wastes, 565
Chapter 26. Real Property and Land-Use Control, 571
The Nature of Real Property, 571
Ownership and Other Interests in Real Property, 572
Transfer of Ownership, 577
Limitations on the Rights of Property Owners, 583
Land-Use Control and Zoning, 586
Chapter 27. Antitrust and Monopoly, 593
Market Power, 593
The Common Law and the Restraint of Trade, 594
The Origins of Federal Antitrust Legislation, 595
Overview of the Major Federal Antitrust Laws, 596
Enforcement and Exemptions, 598
U.S. Antitrust Laws in the Global Context, 600
Monopolies, 602
Chapter 28. Antitrust and Restraint of Trade, 611
Restraint of Trade: An Overview, 611
Horizontal Restraints, 614
Vertical Restraints, 616
Chapter 29. Investor Protection and Corporate Governance, 627
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The Securities and Exchange Commission, 627
The Securities Act of 1933, 629
The Securities Exchange Act of 1934, 635
State Securities Laws, 643
Corporate Governance, 644
Online Securities Fraud, 646
UNIT SIX: FOCUS ON ETHICS: THE REGULATORY ENVIRONMENT, 652
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