GBK 433-120 Business Law II - Texas A&M University

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GBK 433 –Fall 2014
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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.
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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
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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):
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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
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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
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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
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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
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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
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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.
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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
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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.
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