GBK 433 –Fall 2014 Page 1 of 9 GBK 433.110 – Business Law II Online – Fall 2014 Instructor: Frank Jeffrey Taylor (Jeff Taylor) Office Location: Remote Phone: 910 581-5495 E-mail: jefftaylor@tamuct.edu Mode of instruction and course access This course is a 100% online course and uses TAMUCT’s Blackboard system (referred to by me hereafter as BB). http://tamuct.blackboard.com The instructions in section 7 of this syllabus will assist you with gaining access and technical support. Once you are in BB, there is tab on the left labeled “Online Learning” that will have additional BB resources if you are unfamiliar with BB. Though no specific legal knowledge is required as a prerequisite to this course, it will be essential that you have a familiarity with the use of Power Point, Microsoft Word, the Internet, copying and pasting information and attaching documents at a minimum I have posted PP slide notes (green links) and audio presentations (pink links) recorded by Professor Loafman in content folder for the time period in which they are to be covered. They were recorded based on the previous edition of the text, but the difference is minimal. The lectures are very large files, but do open fairly quickly generally. Always try to use a reliable computer with a reliable connection for activities, especially exams! ***The additional material provided in these audio lectures is required/testable material.*** Also, any PDF files may take a few moments to open just like the audio lectures. You may only see a plain background as they load. Any additional readings/information found in the Content folders will be colored Purple. They will be labeled as to whether they are required or optional. UNILERT - Emergency Warning System for Texas A&M University – Central Texas UNILERT is an emergency notification service that gives Texas A&M University-Central Texas the ability to communicate health and safety emergency information quickly via email and text message. By enrolling in UNILERT, university officials can quickly pass on safety-related information, regardless of your location. Please enroll today at http://TAMUCT.org/UNILERT 1.0 Course Description The study of the principles of law concerning agency, employment, partnerships, corporations, bankruptcy, secured transactions, creditor/debtor rights, insurance, real and personal property, laws impacting the regulatory environment of business such as consumer protection, environment, anti-trust, and securities law. Basic knowledge of laws critical for the operations of a business will be the core of this course. This course is the second course of two courses directed at providing coverage of the legal environment facing business GBK 433 –Fall 2014 Page 2 of 9 organizations in today’s society. This course is required for most majors within the College of Business Administration. 2.0 Course Level Objectives At the conclusion of the course the student should be able to, at an acceptable level per the grading scale: Week 1 – Describe a creditor’s rights, duties and remedies under the law. Week 2 – Explain the process for filing Bankruptcy, forming an agency relationship and operating a sole proprietorship. Week 3 – Illustrate the duties of the partner and how the various partnerships function legally, as well as recognize the key aspects of a LLC. Week 4 – Explain the corporate formation process, including financing and stock issues, and also compare the rights and responsibilities of the various corporate actors Week 5 – Recognize how an individual is protected under the law in both their commercial and business transactions, as well as in the workplace. Week 6 – Discuss an individual’s right to privacy and a workplace free of discrimination. Week 7 – Describe the various ownership interests and one’s right in their property. 2.1 Module Level Learning Outcomes: At the conclusion of the course the student should be able to (at any acceptable level per the grading scale): 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) Explain how to perfect a security interest under Article 9. Recognize the priority of creditors’ claims under Article 9. Illustrate consumers’ rights under Article 9. Describe the various creditors liens common to many business transactions. Compare the responsibilities and issues arising in suretyships and guaranties Demonstrate comprehension of the Homestead exemption. Recognize key procedures and events in the Bankruptcy process. Contrast the various chapters of the Bankruptcy Code. Select what debts are not dischargeable in bankruptcy. Explain the difference between an employee and independent contractor. Recognize under agency law the responsibility of the principal and agent for contracts and torts of the agent. Identify the proper category of authority at play in factual scenario. Discuss the advantages and disadvantages of a sole proprietorship. Indicate the responsibilities and rights of the parts in a franchise contract. Compare the General Partnership, the Limited Partnership and the Limited Liability Partnership. Indicate the rights and duties of partners. Identify the key characteristics of a LLC. Recognize the key aspects of the special business forms including the joint venture, syndicate, Joint Stock Company and cooperative. Recognize the steps involved in forming a corporation. Classify a corporation by definition and status Explain shareholder liability, including piercing the corporate veil Explain the duties of officers and directors in a corporation. Identify the rights of shareholders in a corporation. Define a security. Recognize what insider trading is and when it is illegal. Recognize when a monopoly may violate the law. Discuss what activities are prohibited by the Sherman Antitrust Act. Select which activities have implications under the Clayton Act and what those implications are. Recognize and explain at will employment, including implications for worker privacy Discuss the implications of the FMLA Identify employers compliance with Immigration and employment laws GBK 433 –Fall 2014 Page 3 of 9 32) Differentiate between a disparate treatment and a disparate impact claim. 33) Explain the provisions of Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act and recognize situations where violations occur. 34) Identify under what common law theories polluters can be held liable 35) Explain the requirements for compliance under federal environmental statutes 36) Define and contrast the types of property ownership 37) Explain the circumstances required for a proper gift 38) Recognize the rights and duties of a bailor and bailee 39) Differentiate between the various ownership interests in real property 40) Explain when adverse possession is effective 41) Describe the circumstance by which eminent domain may be exercised 42) Recognize the rights of tenants and landlords Objectives Disclaimer: The above are simply the main focus areas, but they are by no means the only areas where HW or Exam questions may come from. All material both in the Text and Audio Lectures is fair game. The audio lectures are beneficial for both general knowledge, but also HW and Exam success. 3.0 Textbook and Required Materials We are using a loose leaf custom text with selected chapters (ISBN: 9781305003248) for this course in an effort to cut down on your cost that is taken from Business Law Today: Comprehensive Edition, Roger LeRoy Miller, 10th Ed. – ISBN – 9781285428932 (pictured on the left). This decision was made since we switched to a completely different text for the new Legal Environment course and the Business Law II course is likely only to be taught through the summer of 2015. We could not justify having you pay over $300 for the text for a single course now. If you happened to still have the 9th edition (pictured below to the right), you will probably be just fine, as the variance should not be substantial and many of the course materials were initially developed based on the 9th edition. The one exception is that Chapter 26 is not in the 9th edition. You can purchse an e-chapter for 6 bucks using the link below the textbook pictures. Note: A student of this institution is not under any obligation to purchase a textbook from a university-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer. If your book is going to be delayed, you might look into at least purchasing e-chapters to stay up to date. E-Chapter Link 4.0 Evaluation and Grading 1. Homework Assignments/Discussions - 500 total points (125 Points Each) - All four homework assignments will be posted in the assignments section/tab on the left side of Blackboard (BB) and the completed work must be submitted there in a Microsoft Word document (.doc or .docx) by clicking on the assignment link, attaching, and submitting it. This process is also illustrated in the Navigating BB video posted on the start screen. It will be -5 points if I have to kick the assignment back to you for improper file format. Black links to the assignments will also be available in the content folder for each week. I will have GBK 433 –Fall 2014 Page 4 of 9 each HW assignment graded before you take your exam along with necessary feedback. In HW#’s 1 and 3, you will also have to copy and paste the required postings from the discussions section into your submitted HW assignment. You must use proper legal vocabulary in your responses for full credit. 2. Journal Postings – 105 Points (7 at 15 Points each) – Every two weeks, with the exception of the last two weeks of the course (7 total entries), you will be required to reflect on what you have learned for the week and what you found troubling or confusing in the following manner: In order to receive full credit, you must at least (1) thoughtfully reflect on what you learned on this past week or found interesting in at least two sentences and, in a separate paragraph, (2) state what you found confusing (muddiest issue) and/or ask me for clarifications. There are no format requirements for requirement #2, other than it appearing separately from requirement #1. Do not ignore the second part. I will generally respond to these within 24 hours of their due date if a response is necessary. You may access the Journals through the blue link on the left side of BB titled “Weekly Journal” or via the burnt orange link in that week’s content folder. The link for each week’s journal will open for the week that it is due. As such, each Journal entry should only consider material scheduled to be covered in that week per the syllabus and contained in that week’s content folder (-2 if you stray). Type in the text box and do not attach your journal in a Word document. 3. Exams – 400 total points (4 at 100 points each) –Please schedule around the available time window. If there is an unavoidable conflict, you must let me know ahead of time, not after. I may allow a make-up, but even then, it may be an entirely differently structured exam (all essay) or mode of delivery (in my office). I am the sole judge on these matters and you should bring exam issues to me when they arise. Exams are not easy and may be comprised of multiple choice, T/F, matching and essay questions at my discretion. They will likely be half MC/TF and short answer/essay and will not be comprehensive. In your essay responses, you must use proper legal vocabulary from the text and lecture for full credit. You will have 110 minutes to complete each online examination. Check the syllabus calendar for dates and availability windows. Obviously you may use your text and notes to assist you, but you may not use another person’s help or the Internet. Follow exam instructions closely and watch the clock as your answer will be cut off once time has expired. If you fail to take an exam without notifying me prior to the exam window, you can score no higher than the lowest grade a class member received who took it on time and only if I feel the excuse warrants allowing a make-up. The exam may be accessed either via the black link in that week’s content section or the blue “Exams” link on the left hand side of BB. I have also posted some exam question examples from this and other courses in the Module 2 Content folder right below the link to the 1st exam. 5.0 Grading Scale/Formula ******Grading Scale******Note the C, D, and F Points 900-1005 = A - Excellent 800-899 = B - Good 720-799 = C - Acceptable 650-719 = D – Needs Significant Improvement GBK 433 –Fall 2014 Page 5 of 9 649 or less = F - Unacceptable Grades may also be adjusted at the end of the semester based on class results, meaning an average may qualify for a higher letter grade than the scale normally provides for, to facilitate an appropriate grade distribution. Since I don’t have you in class to hear your responses to questions I ask, your work/effort needs to impress me if your average is close to a grade border. 6.0 Grade Issues and My Responses I will try to have all Homework graded before an exam begins, so that you may see what you have missed and ask any questions. Once an exam window ends, I will have those graded within 48 hours generally. With the exception of the Journals, I will probably not grade any work until the due date/time for that assignment has arrived. *******Late work penalties: 1. Late Journal Postings will not be graded. 2. Homework Assignments not received within ONE week of the due date will not be graded. Those that are LATE (After 23:59 Thursday (only #4) or Friday) will lose up to 25% of the points available. *****There is one bonus assignment posted on the left hand side of BB under its own title. A link is also located in the Module 8 content folder. Be sure to comply with the deadline stated. You will be ineligible for bonus credit if you have 3 late assignment/exams or 0’s without instructor approval for credit.****** 7.0 TECHNOLOGY REQUIREMENTS AND SUPPORT 7.1 Technology Requirements This course will use the TAMU-CT Blackboard Learn learning management system for some class content distribution and assessments. Logon to https://tamuct.blackboard.com to access the course. Username: Your MyCT username (xx123 or everything before the "@" in your MyCT e-mail address) Initial password: Your MyCT password For this course, you will need reliable and frequent access to a computer and to the Internet. You will also need a headset with a microphone or speakers and a microphone to be able to listen to online resources and conduct other activities in the course. If you do not have frequent and reliable access to a computer with Internet connection, please consider dropping this course or contact me (your email and phone number) to discuss your situation. Blackboard supports the most common operating systems: PC: Windows 8, Windows 7, Windows Vista Mac: Mac OS X Mavericks GBK 433 –Fall 2014 Page 6 of 9 NOTE: Computers using Windows XP, Windows 8 RT and OS X 10.6 or lower are NO longer supported Check browser and computer compatibility by following the “Browser Check” link on the TAMU-CTBlackboard logon page. (https://tamuct.blackboard.com) This is a CRITICAL step as these settings are important for when you take an exam or submit an assignment. Upon logging on to Blackboard Learn, you will see a link to Blackboard Student Orientation under My Courses tab. Click on that link and study the materials in this orientation course. The new Blackboard is a brand-new interface and you will have to come up to speed with it really quickly. This orientation course will help you get there. There is also a link to Blackboard Help from inside the course on the left-hand menubar. The first week of the course includes activities and assignments that will help you get up to speed with navigation, sending and receiving messages and discussion posts, and submitting an assignment. Your ability to function within the Blackboard system will facilitate your success in this course. Technology issues are not an excuse for missing a course requirement – make sure your computer is configured correctly and address issues well in advance of deadlines. For technological or computer issues, students should contact Help Desk Central. 24 hours a day, 7 days a week: Email: helpdesk@tamu.edu Phone: (254) 519-5466 Web Chat: http://hdc.tamu.edu When calling for support please let your support technician know you are a TAMUCT student. For issues related to course content and requirements, contact your instructor. 8.0 Semester Calendar (Subject to change) Module 1 – Aug.25th-Sept. 7th 1. Read the Syllabus and familiarize yourself with our Bb course. 2. Read Listen to: Syllabus, Ch 23 Security Interests, Ch 24 Other Remedies and Suretyship, and start on Ch 25 Bankruptcy 2. Post Journal Entry #1 by 11:59PM (23:59) on Saturday, August 30th 3. Be looking at and working on HW#1 Module 2 – Sept. 8th-21st 1. Finish Ch 25 and read Ch 26 Mortgages and Foreclosures after the Recession, as well as read and listen to Ch 28 Agency 2. HW#1 – Due by 11:59 PM (23:59) on Wednesday, Sept. 17th 3. Post Journal Entry #2 by 11:59PM (23:59) on Saturday, Sept. 20th GBK 433 –Fall 2014 Page 7 of 9 4. Exam 1 - Chapters 23-26 (limited on 26), and 28 – Opens at 8AM (08:00) Sunday, Sept. 21st and closes at 11:59 PM (23:59) Monday, Sept. 22nd Module 3 – Sept. 22 –Oct. 5th 1. Read and Listen to: Ch 31 Sole Proprietorships and Private Franchises, Ch 32 Partnerships, and Ch 33 LLC’s. 2. Post Journal Entry #3 by 11:59PM (23:59) on Saturday, October 4th 3. Be looking at and working on HW#2 Module 4- October 6th-19th 1. Read and Listen to: Ch 34 Corporate Formation and Financing and Ch 35 Directors, Officers and Shareholders 2. HW#2 - Due by 11:59PM (23:59) on Wednesday, October 15th 3. Post Journal Entry #4 by 11:59PM (23:59) on Saturday, October 18th 4. Exam #2 Ch 31-35 - Opens at 8AM (08:00) Sunday, October 19th and closes at 11:59PM (23:59) on Monday, July 1st Module 5 – Oct. 20th-Nov. 2nd 1. Read and Listen to: Chapter 37 Investor Protection & Chapter 39 Promoting Competition, and begin Ch 29 Employment Law 2. Post Journal Entry #5 by 11:59PM (23:59) on Saturday, Nov. 1st 3. Be looking at and working on HW#3 Module 6 – Nov. 3rd-16th 1. Finish Ch 29 and listen to Privacy supplement, as well read and listen to Ch 30 Employment Discrimination 2. HW#3 – Due by 11:59PM (23:59) on Wednesday, Nov. 12th 3. Post Journal Entry #6 by 11:59PM (23:59) on Saturday, Nov. 15th 4. Exam #3 Chapters 37, 39, 29 and 30 - Opens at (08:00) Sunday, Nov. 15th, and closes at 11:59PM (23:59) on Monday, Nov. 16th Module 7 – Nov. 17th-30th 1. Read and Listen to: Ch 40 Consumer & Environmental Law and Ch 42 Personal Property 2. Post Journal Entry #7 by 11:59PM (23:59) on Saturday, November 29th 3. Submit Bonus Articles by 11:59PM (23:59) on Saturday, November 29th 4. Be looking at and working on HW#4 as it has an earlier deadline. Module 8 – Dec. 1st-11th 1. Read and Listen to: Ch 42 Real Property and the International Law materials (fair game for testing) 2. HW#4 – Due by 11:59PM (23:59) on Sunday, December 7th 3. Exam #4 Ch 40, 42, 43, and International Law- Opens at 8AM (08:00) on Wednesday, December 10th and closes at 11:59PM (23:59) on Thursday, December 11th 9.0 Drop Policy You are responsible for dropping this course if you feel that you will not be successful. I cannot drop you from the course. If you fail to drop the course or withdraw properly, I will be forced to award a grade based on the points earned at the end of the semester. GBK 433 –Fall 2014 Page 8 of 9 10.0. Academic Honesty Texas A&M University - Central Texas expects all students to maintain high standards of personal and scholarly conduct. Students guilty of academic dishonestly are subject to disciplinary action. Academic dishonesty includes, but is not limited to, cheating on an examination or other academic work, plagiarism, collusion (working together), and the abuse of resource materials, including faculty designated resources. The faculty member is responsible for initiating action for each case of academic dishonestly. More information can be found at www.ct.tamus.edu/StudentConduct. All work in this course is individual (including Homework). You may get the rare/occasional assistance from other students about where you found certain information/answers, but I don’t want to see close/identical answers. I have a pretty good eye for this, as my memory is pretty good! If you need help, ask me! Any instance of academic dishonesty will result in an F in my course. I have taught this course long enough that I can tell if you are collaborating or not, despite the fact that your answers may differ slightly. 11.0 Disability Services At Texas A&M University – Central Texas, we value an inclusive learning environment where every student has an equal chance to succeed and has the right to an education that is barrierfree. The Office of Disability Support and Access is responsible for ensuring that students with a disability enjoy equal access to the University's programs, services and activities. Some aspects of this course or the way the course is taught may present barriers to learning due to a disability. If you feel this is the case, please contact Disability Support and Access at (254) 501-5831 in Warrior Hall, Ste. 212. For more information, please visit their website at www.tamuct/disabilitysupport. Any information you provide is private and confidential and will be treated as such. 12.0 Library Services Library distance education services aims to make available quality assistance to A&MCentral Texas students seeking information sources remotely by providing digital reference, online information literacy tutorials, and digital research materials. Much of the TAMUCT collection is available instantly from home. This includes over half of the library's book collection, as well as approximately 25,000 electronic journals and 200 online databases. Library Distance Education Services are outlined and accessed at: http://www.tamuct.edu/departments/library/deservices.php Information literacy focuses on research skills which prepare individuals to live and work in an information-centered society. Librarians will work with students in the development of critical reasoning, ethical use of information, and the appropriate use of secondary research techniques. Help may include, but is not limited to: the exploration of information resources such as library collections, the identification of appropriate materials, and the execution of effective search strategies. Library Resources are outlined and accessed at: http://www.tamuct.edu/departments/library/index.php 13.0 Other Important Notes and Considerations GBK 433 –Fall 2014 Page 9 of 9 1. Respect the thoughts and opinions of your classmates. We may not agree on everything, but everyone, generally, has the right to be heard in my classroom (Blackboard for this one). I want everyone to feel comfortable to share their thoughts on a subject, even if others may disagree. Thus, be civil in your postings/responses to fellow classmates. 2. I reserve the right to make reasonable alterations to the course calendar and syllabus as provided here. It is a guide, not a hard and fast rule. Changes will only be made that benefit the class as a whole. 14.0 ***Being an Online Student*** Online courses require a great deal of self-discipline. The biggest issue impacting grades I have seen with my courses is turning in all work when it is due. This syllabus previously stated that there are definitive penalties when work is not completed or completed on time. The course calendar will likely not change, so note when all things will happen and plan accordingly from the beginning.