GB 432.341 – Summer, 2014
Texas A&M University Central Texas
GB 432.341 – Business Law I
Summer Semester, 2014
INSTRUCTOR AND CONTACT INFORMATION
Instructor: Randy Dale, J.D., Ph. D.
Office Phone: 254-231-5860
E-mail: randydale1@gmail.com
Office Hours: By appointment
(https://tamuct.blackboard.com).
UNILERT
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message, and social media. All students are automatically enrolled in UNILERT through their
myCT email account. Connect at www.TAMUCT.edu/UNILERT to change where you receive
your alerts or to opt out. By staying enrolled in UNILERT, university officials can quickly pass
on safety-related information, regardless of your location.
COURSE INFORMATION
1.0
Course Overview and description:
The study of the basic, though it may not seem that way, principles of law relating to law and
ethics, the judicial system, constitution, tort and criminal law, common law contracts, the laws of
sales, warranties and banking.
2.0
Course Objective:
To acquire basic knowledge of the legal system and laws critical for the conducting of
business will be the core of this course. This course is the first course of two courses
directed at providing coverage of the legal environment facing business organizations in
today’s society. This course is required for most majors within the School of Business
Administration.
2.1
Student Learning Outcomes
At the conclusion of the course the student should be able to, at an acceptable level per the
grading scale found in syllabus section 5.0:
1. Define and classify a law according to its type (Chapter 1).
2. Explain the concepts of legal precedence and stare decisis (Chapter 1).
3. Identify the different types of judicial opinions and analyze a Supreme Court case
(Chapters 1 and 3).
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GB 432.341 – Summer, 2014
4. Explain the applicability of the Commerce Clause on businesses (Chapter 2).
5. Explain the concept of preemption with regards to the Supremacy Clause (Chapter
2).
6. Contrast the situations where speech is protected and unprotected under the 1st
Amendment (Chapter 2).
7. Locate sources of law and legal information useful in their daily lives (Week 3
Assignment).
8. Recognize when a court may properly exercise jurisdiction (Ch 3).
9. Demonstrate comprehension of the trial process (Ch 3).
10. Compare and contrast the various methods of dispute resolution (Ch 3).
11. Define negligence and identify situations where it has occurred (Ch 4).
12. Classify torts according factual examples (Ch 4).
13. Identify and recognize the differences between trademarks, patents, copyrights and
trade secrets (Ch 5).
14. Discuss the potential criminal liability of corporations and their officers (Ch 6).
15. Demonstrate the ability to properly classify crimes based on factual scenarios (Ch
6).
16. Identify proper defenses to criminal liability, including Constitutional safeguards
(Ch 6).
17. Describe the differences between ethics and law (Ch 8).
18. Compare duty based and outcome based ethical decision making (Ch 8).
19. Identify the required element to form a valid contract (Ch 9).
20. Classify a contract according to its type (Ch 9).
21. Indicate the requirements/circumstances for an effective offer, acceptance,
revocation and rejection (Ch 10).
22. Recognize when consideration is legally sufficient (Ch 11).
23. Explain, using factual scenarios, why a contract is or is not supported by sufficient
consideration (Ch 11).
24. Critique a fact pattern to determine if promissory estoppel is appropriate (Ch 11).
25. Analyze a contractual situation to determine if the parties had capacity and their
contractual liabilities if they did not (Ch 12).
26. Explain the enforceability of a “covenant not to compete” and exculpatory clause
(Ch 12).
27. Indicate when a mistake may provide a legal excuse to contract performance. (Ch
13)
28. Identify if fraudulent misrepresentation has occurred (Ch 13).
29. Choose when a contract is subject to the statute of frauds (Ch 14).
30. State when the parol evidence rule applies (Ch 14).
31. Identify when conditions impact contractual obligations (Ch 15).
32. Classify the level to which a contract has been performed, including what
constitutes a breach of contract (Ch 15).
33. Explain the situations when contracts may be discharged (Ch 16).
34. Discuss and identify the remedies available for breach of contract (Ch 16).
35. Differentiate between an assignment and a delegation (Ch 17).
36. Recognize when Article 2 of the Uniform Commercial Code is applicable to a sales
transaction (Ch 18).
37. Differentiate between the UCC and the Common Law (Ch 18)
38. Identify who a merchant is and their responsibilities in sales situations (Ch 18).
39. Evaluate and discuss when title and risk of loss effectively passes from seller to
buyer (Ch 19).
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GB 432.341 – Summer, 2014
40. Explain the implications of a good faith purchaser and the entrustment rule (Ch 19).
41. Indicate when an express or implied warranty arises in a commercial context (Ch
21).
42. Discuss the legal requirements for products liability and potential defenses for
companies in a products liability suit (Ch 21).
43. Identify when an instrument is negotiable (Ch 22).
44. Contrast the different types of endorsements (Ch 22).
45. Describe what a holder in due course is and their rights (Ch 22).
46. Identify the different types of checks (Ch 22 and 23).
47. Describe the responsibilities for payment and honoring checks in various situations
that may arise (Ch 23).
48. Discuss the check clearing process (Ch 23).
Objectives Disclaimer: The above are simply the main focus areas, but they are by no means the
only sources of where HW or Exam questions may come from. All material, both in the text
and class discussions, is fair game for assessment.
2.2
Competency Goals Statements (certification or standards)
At the conclusion of the course, the student should be able to, at an acceptable level per the
grading scale found in syllabus section 5.0:
1. Explain the impacts of the Constitution and Judiciary on business law. (Chapters 1 and 2)
2. Recognize when a tort has been committed and discuss the ways an individual’s rights may
be enforced. (Chapters 3 and 4)
3. Classify violations of one’s intellectual property rights, as well as crimes committed against
them. (Chapters 5 and 6)
4. Describe what constitutes ethical behavior and is required for a legally enforceable
contract. (Chapters 8, 9, and 10)
5. Identify when a contract must be in writing, is supported by legally sufficient
consideration, and when a contracting party has capacity to contract. (Chapters 11, 12 and
14)
6. Indicate the level at which a contract has been performed and discuss the remedies for a
breach. (Chapters 15 and 16)
7. Apply the provisions of the UCC to contract situations and recognize breaches of
duties with warranties and products liability. (Chapters 18, 19 and 21)
8. Explain the requirements of and liabilities surrounding negotiable instruments.
(Chapters 22 and 23).
3.0
Required Reading and Textbook(s):
Business Law Today: Comprehensive Edition, Gaylord A Jentz and Robert Miller, 9th Ed. – ISBN – 978-0538-45280-9 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.
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GB 432.341 – Summer, 2014
COURSE REQUIREMENTS
4.0
Course Requirements:
The assessments below will measure the Course Level Objectives and Weekly Learning Outcomes stated
above that correspond to the material covered in that assignment or exam. In some instances, a particular
outcome may be assessed by multiple methods, ex. Homework and an exam question. The exact
corresponding CLO’s and WLO’s will be stated with the instructions for each assessment.
4.1 Course Evaluation Overview:
All of the evaluative elements of this course are designed to prepare students for professional careers in
business. Quizzes are designed to reward students for coming to class prepared and contributing to the class
discussion (a critical success factor in all business positions). The interview paper is designed to prepare
students for crafting thoughtful, well written, analyses of real-life situations. Examinations are designed to
reward students for recalling and assimilating the course material in a way that will allow them to grow
professionally. Team presentations and participation are designed to reward students for developing the
kind of presentation skills (both from the front and the back of the room) that are regularly utilized in the
business environment.
4.2 Daily Quizzes (15% of final course grade):
There will be ten short in-class quizzes throughout the semester over the reading assignment from the Jentz
and Miller text for that particular class. To prepare for quizzes, students should read the chapters carefully,
become familiar with new vocabulary presented in the text, and develop an understanding of the concepts
presented. Because prompt feedback has been shown to enhance student learning, it is the instructor’s
intention to return all quizzes to the students by the next class. Students who have taken at least 8 quizzes
will be permitted to drop their lowest quiz grade. Students who take four or fewer quizzes will receive a
zero for this portion or the grading rubric. Each quiz will be graded on a 1 – 10 scale, with the goal being to
attain a cumulative quiz score of 100 for the semester. The final total will comprise 15% of the final grade.
There is no make-up provision for these quizzes. If you miss a quiz due to absence, you merely get no
grade, which will lessen the total number of grades available to you for this segment of your final grade.
EACH AND EVERY CLASS carries the potential for a daily quiz.
4.3 How Law Affects Everyday Business Practice Interview (15% of final grade):
Students will select and interview a businessperson (either a business owner, a manager, or a professional –
doctor, lawyer, engineer, teacher, dentist, realtor, pharmacist, etc.), other than a family relative, of his or her
choosing, and will write a paper based on that interview. The paper, which will be no less than 3, nor more
than 4, pages in length, will identify the interviewee by name and his/her position, and describe that
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GB 432.341 – Summer, 2014
person’s education and experience that qualifies them to hold the position. The majority of the paper will
describe the interviewee’s primary duties, and how the performance of those duties interact with and are
affected by federal, state, and/or local laws and agency regulations, covering such areas as liability,
contracts, employer-employee relations, insurance, criminal law, and professional competence and
licensing. DUE June 30 (Monday)!
The paper will be typed, double spaced, utilizing 12 point, Times New Roman font, with one inch margins
all around, and no cover page shall be submitted. The grading rubric for the paper will be 75% on content,
and 25% will be from writing ability, clarity, flow, form, grammar, spelling, and punctuation. PLEASE,
therefore, proofread your paper prior to submission. Because this is a report of an interview, not a research
project, no references are needed, Even though there is no required “style,” (APA, Turrabian, Chicago, etc.),
it is still an academic paper produced for a college course.
Each paper shall be submitted as an attachment to an email to my gmail account by the student, and will be
returned to the student in a like manner. If this method of submission is problematic, please visit with me
individually about alternate arrangements. The paper will be graded on a 1 – 100 point scale, and the grade
will comprise 15% of the final grade.
4.4 Group Presentations and Participation (15% of course evaluation):
Presentation: Team presentations are a critical part of the business environment. To help prepare students
for the presentational requirements of the business world, teams will be formed and assigned a case study
about which to make an in-depth class presentation. EVERY MEMBER OF THE GROUP WILL
PARTICIPATE IN THE PRESENTATION. This assignment will be in lieu of the traditional research
paper.
Instructions for the Team Project and Presentation will be posted separately. The presentation of the group
research effort will be graded on a 1 – 100 scale, with the assigned grade comprising 15% of the final grade.
Participation: In addition to presentations, all class members are expected to participate regularly in
classroom discussions. To that end, students should come fully prepared to discuss assigned material each
class session. All students are responsible for obtaining notes, assignments and other relevant course
information from other classmates if a class is missed. Participation is graded based on your level of
attendance, substantive discussion, demonstration of preparedness for class as well as the overall
engagement you demonstrate in class. Unprofessional behavior in the classroom, just like in the business
world, is inappropriate and will not be accepted. The final presentation and participation score will be at the
sole discretion of the instructor.
4.5 Examinations (55% of final grade):
There will be three (3) examinations in the class. Please see the tentative class schedule for where the
exams will fall in the course calendar. NB: Exams are not subject to make-up! If you anticipate having an
excused absence for an exam, please contact me at least one week prior to the exam to arrange for an
alternate test time. The exams will include materials covered in the textbook, in classroom discussions, and
in assigned-reading cases. Each exam will be graded on a 1 – 100 scale. The average of the three scores will
comprise 55% of the final course grade.
You must 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), mode of delivery (in my office), and evaluation system. I am the sole judge on
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GB 432.341 – Summer, 2014
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, but will not be comprehensive. You will have the full class time to
complete each examination. Check the syllabus calendar for dates. 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 believe the excuse warrants allowing a make-up.
EXAM 1 is scheduled for June 18 (Monday);
EXAM 2 is scheduled for July 7 (Monday).
EXAM 3 is scheduled for July 23 (Wednesday).
4.6 Final Examination
The Final Exam will be the third examination mentioned above in Paragraph 4.5. It will not be
comprehensive.
5.0
Grading Criteria Rubric and Conversion
92-100 = A - Excellent
83-91 = B - Good
74-82 = C - Acceptable
60-73 = D – Needs significant improvement
59 or less = F - Unacceptable
There are no provisions for “make up,” or “extra credit” assignments. 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. Your work/effort needs to
impress me if your average is close to a grade border.
Late work penalties:
1. The Interview Assignment paper will lose 10 points for each day it is late.
2. Again, as per paragraph 4.5 (supra), if you fail to take an exam without notifying me in advance,
you will not be allowed a make-up, and you will receive a zero for that particular exam.
COURSE OUTLINE AND CALENDAR
6.0 Complete Course Calendar
Tentative Class Schedule:
Note: The instructor has the right to change this schedule and you should expect this
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GB 432.341 – Summer, 2014
schedule to be changed from time to time to accommodate the needs of the class.
All changes to this schedule will be announced in class and/or through e-mail (LMS
e-mail addresses only). If the student misses a class period and a change to the
schedule is announced, it is the student’s responsibility to receive that information
from a classmate or contact the instructor.
Class No.
Topic
Text Reading
Assignment
1. 6/4
Introduction & Constitutional Law
Chapters 1 & 2
2. 6/9
Courts, ADL, and Criminal Law
Chapters 3 & 6
3. 6/11
Intellectual Property; Cyber Crime
Chapters 5 & 7
4. 6/16
Ethics & Business Decision-making;
Review for Exam 1
Chapters 8
5. 6/18
EXAM 1
6. 6/23
Nature & Classification; Traditional
and E-Contracts
Chapters 9 & 10
Groupings for Group
Assignment Due
7. 6/25
Consideration; Capacity & Legality;
Voluntary Consent;
Chapters 11, 12 & 13
Group Project Topics
Due
8. 6/30
The Statute of Frauds; Performance
and Discharge
Chapters 14 & 15
INTERVIEW
PAPERS DUE
9. 7/2
Breach & Remedies; Third Party
Rights; Review for Exam 2
Chapters 16 & 17
10. 7/7
EXAM 2
11. 7/9
Formation of Sales Contract; Title and
Risk of Loss
Chapters 18 & 19
12. 7/14
Performance and Breach; Negotiable
Instruments
Chapters 20 & 22
13. 7/16
Torts & Products Liability; Exam 3
Review
Chapters 4 & 21
14. 7/21
Group Presentations
15. 7/23
EXAM 3
Green Scantron
Green Scantron
Green Scantron
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GB 432.341 – Summer, 2014
COURSE AND UNIVERSITY PROCEDURES AND POLICIES
7.0
Drop Policy
If you discover that you need to drop this class, you must go to the Records Office and ask
for the necessary paperwork. Professors cannot drop students; this is always the
responsibility of the student. The record’s office will provide a deadline for which the form
must be returned, completed and signed. Once you return the signed form to the records
office and wait 24 hours, you must go into Duck Trax and confirm that you are no longer
enrolled. Should you still be enrolled, FOLLOW-UP with the records office immediately?
You are to attend class until the procedure is complete to avoid penalty for absence. Should
you miss the deadline or fail to follow the procedure, you will receive an F in the course.
8.0
Academic Integrity
Texas A&M University - Central Texas expects all students to maintain high standards of
honor in personal and scholarly conduct. Any deviation from this expectation may result in
a minimum of a failing grade for the assignment and potentially a failing grade for the
course. All academic dishonesty concerns will be reported to the university's Office of
Student Conduct. Academic dishonesty includes, but is not limited to, cheating on an
examination or other academic work, plagiarism and improper citation of sources, using
another student's work, collusion, and the abuse of resource materials. When in doubt on
collaboration, citation, or any issue, please contact me before taking a course of action.
More information can be found at
http://www.tamuct.edu/departments/studentconduct/academicintegrity.php
9.0
Disability Support Services
If you have or believe you have a disability and wish to self-identify, you can do so by
providing documentation to the Disability Support Coordinator. Students are encouraged to
seek information about accommodations to help assure success in their courses. Please call
(254) 501-5831 or visit Founder's Hall 114, Suite 114. Additional information can be found
at http://www.tamuct.edu/departments/disabilitysupport/index.php
10.0 Tutoring
Tutoring is available to all TAMUCT students, both on-campus and online. Subjects
tutored include Accounting, Finance, Statistics, Mathematics, and Writing. Tutors are
available at the Tutoring Center in Warrior Hall, Room 111. Visit
www.ct.tamus.edu/AcademicSupport and click "Tutoring Support" for tutor schedules and
contact info. If you have questions, need to schedule a tutoring session, or if you're
interested in becoming a tutor, contact Academic Support Programs at 254-501-5830 or by
emailing tutoring@ct.tamus.edu.
Chat live with a tutor 24/7 for almost any subject on your computer! Tutor.com is an online
tutoring platform that enables TAMU-CT students to log-in and receive FREE online
tutoring and writing support. This tool provides tutoring in Mathematics, Writing, Career
Writing, Chemistry, Physics, Biology, Spanish, Calculus, and Statistics. To access
Tutor.com, log into your Blackboard account and click "Online Tutoring."
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GB 432.341 – Summer, 2014
11.0
Library Services
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, yet is not limited to: exploration of
information resources such as library collections and services, identification of subject
databases and scholarly journals, and execution of effective search strategies. Library
Resources are outlined and accessed at. http://www.tamuct.edu/library
12.0
ANY INSTRUCTOR POLICIES RELATED TO ABSENCE, GRADING, ETC
Attendance and Promptness:
Roll will be checked every class. You must be present at least 80% of the classes (12 of 15), or you will not
pass the course. Because this course will move so quickly, and is so labor and reading intensive, I believe it
imperative to be present for the majority of class meetings. After examining the syllabus, perhaps your
individual educational goals would be better served by taking this class when spread out over the course of
an entire semester. As adult learners, this should not be problematic.
We will begin each class promptly at 1800 hours/6:00 pm. One will be tardy at 6:15. Three (3) tardies in a
semester equals one absence. If your personal life or your employment will not allow you to be on time for
this class, perhaps you would be better served by taking another Business Law 1 class. Each class will begin
with a discussion of business law-related current events, so regularly check sources like Forbes, Investors
Weekly, Business Week, The Economist, The Wall Street Journal, and/or the business sections of major
newspapers, vis a vis: The Dallas Morning News, The Houston Chronicle, Austin American-Statesman,
Washington Post, L. A. Times, Boston Globe, and New York Times, just to name a few.
13.0
Instructor’s Personal Statement
A smoothly operating system of commerce is both critical and vital to the financial and
economic well-being of our society. A good understanding of the laws and regulations that
govern the operation of a business will allow business men and women to more competently
and fairly compete in today’s global economy. Additionally, a business owner who
possesses a working familiarity with problematic areas surrounding the legal aspects of
operating a business is much more likely to be able to anticipate and confront legal potential
legal problems before they become major legal problems. As a practitioner, it has always
frustrated me that, by the time most clients find their way to my office, the problems have
become unmanageable, short of lengthy and costly litigation; when some preventive
planning could have resolved the issues before surpassing the stage of manageability. My
goal is to help you acquire that “issue recognition” ability, rather than make you into a
lawyer. This will allow you to competently and patiently decide when it is time to call your
attorney! This semester will move fast, so I hope you sign on, hang on, and enjoy the ride.
Graduation Application Deadline for Summer 2014 (Degree Only): August 7, 2014
Graduation Application Deadline for Fall 2014 (Commencement Participation): June 27,
2014
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