TROY UNIVERSITY
Troy Campus
LAW 2221
Legal Environment of Business
COURSE SYLLABUS
Spring Term 2011
Class and Office Schedule:
M, W, F @ 11:00-11:50, PATT 303
M, W, F @ 12:00-12:50, PATT 303
M, W @ 2:00-3:15, MCC 120
Office Hours, M, W - 1:00-1:50, MCC 115B (in Dr. Moseley's office)
Sorrell College of Business Mission Statement
Through operations that span the State of Alabama, the United States, and the world Sorrell College
of Business equips our students with the knowledge, skills, abilities and competencies to become
organizational and community leaders who make a difference in the global village and global
economy. Through this endeavor, we serve students, employers, faculty, and Troy University at
large as well as the local and global communities.
Sorrell College of Business Vision Statement
Sorrell College of Business will be the first choice for higher business education students in their
quest to succeed in a dynamic and global economy. Sorrell College of Business will create the model
for 21st century business education and community service.
Troy University Mission Statement
Troy University is a public institution comprised of a network of campuses throughout Alabama
and worldwide. International in scope, Troy University provides a variety of educational programs
at the undergraduate and graduate levels for a diverse student body in traditional, nontraditional, and
emerging electronic formats. Academic programs are supported by a variety of student services
which promote the welfare of the individual student. Troy University’s dedicated faculty and staff
promote discovery and exploration of knowledge and its application to life-long success through
effective teaching, service, creative partnerships, scholarship and research.
INSTRUCTOR:
Malcolm W. McSwean, Esq.
Mailing Address:
Cervera, Ralph, and Reeves, LLC.
P.O. Box 325
Troy, Al. 36081
Office: McCartha 115
Office Number: 334-566-0116
Cell Number: 334-268-1636
Email: mwmcswean@troy.edu
INSTRUCTOR EDUCATION:
J.D.- Jones Law School, 1995
B.S.- Troy State University, 1991
Note: For course syllabus posted prior to the beginning of the term, the instructor reserves the right
to make minor changes prior to or during the term. The instructor will notify students, via e-mail or
in class, when changes are made in the requirements and/or grading of the course.
REGULAR AND ELECTRONIC OFFICE HOURS:
I will be in my Troy University office on Monday and Wednesday from 1:00 until 1:50.
I am available in my law office at other times by appointment. I am available by office telephone.
I am available by e-mail anytime, which is the preferable means of contacting me when I am off
campus. I will also be available after class on most days.
COURSE DESCRIPTION:
This course is an introduction to the fundamental concepts, principles and rules of law and equity
that apply to business activities. This course provides an overview of law in general, the American
legal system, federal and state court procedures, effects on law making by legislative, judicial, and
administrative procedures. The course may also include constitutional law, business ethics,
contracts, product liability, sales and commercial paper.
PURPOSE:
Upon completion of the course, students should be able to:
� relate the law to their everyday lives and the business world around them,
� be more aware of their rights as citizens, as well as business persons.
� apply basic legal principles learned to situations faced by day-to-day business operations,
� use his/her knowledge to function both as a part of an organization or as an entrepreneur.
TEXTBOOK:
Smith and Roberson’s "Business Law", 14th Edition, Richard A. Mann and Barry S. Clarkson.
STUDENT LEARNING OUTCOMES;
1. Recognize and understand the scope, extent and importance of the law.
2. Define and differentiate between the various classifications and sources of law.
3. Incorporate business ethics to business principles.
4. Explain and apply basic constitutional rights conferred to U.S. citizens.
5. Know the functions of the federal and state court systems and their procedures.
6. Name, classify, and describe the different types of contracts.
7. Identify the elements to a valid contract, breach, and remedies afforded.
8. Demonstrate analytical skills and reasoning power.
TROY EMAIL:
All Students
Effective July 1, 2005, all students were required to obtain and use the TROY email address that is
automatically assigned to them as TROY students. All official correspondence (including bills,
statements, emails from instructors and grades, etc.) will be sent ONLY to the troy.edu (@troy.edu)
address.
� All students are responsible for ensuring that the correct email address is listed in
Blackboard and Trojan Web Express by the beginning of Week #1. Email is the only way the instructor
can, at least initially, communicate with you. It is your responsibility to make sure a valid email
address is provided. Failure on your part to do so can result in your missing important information
that could affect your grade.
Your troy.edu email address is the same as your Web Express user ID following by @troy.edu.
Students are responsible for the information that is sent to their TROY account. You can get to your
email account by logging onto the course and clicking "email link." You will be able to forward
your Troy email to your email. You must first access your Troy email account through Troy email
link found on the website.
After you log in to your Troy email account, click on "options" on the left hand side of the page.
Then click on "forwarding." This will enable you to set up the email address to forward your email
to.
COURSE REQUIREMENTS:
1. Upon Enrollment:
� Purchase the text immediately; delays due to not ordering the text upon your date of enrollment
will not be an excuse for late assignments.
� Check your email address in Blackboard by going to Tools Personal Information and ensure it is
not listed as none@none.com and that it is set to your Troy email account. If it is not listed or the
address listed is incorrect, update it immediately. This is your responsibility.
� Print this syllabus and be familiar with all policies contained within.
2. Exams: Exams will be multiple choice and true/false questions, and each student will be
responsible for bringing a Scantron sheet to the exam. The exams are generally 50 multiple choice questions,
and will cover only the chapters since the last test.
3. Final Exam: The final will be comprehensive. It will be a timed multiple-choice and true/false
exam.
STUDENT/FACULTY INTERACTION:
� Class room and e-mail is the preferred method for one-on-one communication. In addition one-on one
communication is available by appointment, office telephone or in office meeting.
� Troy requires me to respond to all emails within 24 hours (Mon-Thurs) and 48 hours (Fri-Sun).
� Exam and discussion grades will be kept by me, and you may discuss your grade at
any time with me in the office.
ATTENDANCE POLICY:
In addition to interaction via email contact, students are required to physically attend class meetings.
Being as this is a largely lecture-oriented class, failure to come to class will affect your
understanding of the material. Furthermore, if you are not present, you will not know what the
reading assignment is for the upcoming class. Be advised that overall low attendance in class will almost
certainly mean
a pop quiz will be given, which will count as extra credit towards your grade.
MAKE-UP WORK POLICY:
Missing any part of this schedule may prevent completion of the course. If you foresee difficulty
of any type (i.e., an illness, employment change, etc.) which may prevent completion of this course,
notify the instructor as soon as possible. Failure to do so will result in failure for an assignment
and/or failure of the course. If I have not heard from you by the deadline for assignments, exams
or forums, no make-up work will be allowed (unless extraordinary circumstances existed, such as
hospitalization). Requests for extensions must be made in advance and accomplished by appropriate
written documentation if the excuse is acceptable to the instructor. "Computer problems", "car
trouble" and the like are not generally acceptable excuses.
INCOMPLETE GRADE POLICY:
Missing any part of the class may prevent completion of the course. If circumstances will prevent
the student from completing the course by the end of the term, the student should complete a request
for an incomplete grade. Note: A grade of incomplete or "INC" is not automatically assigned to
students, but rather must be requested by the student by submitting a Petition for and Work to
Remove an Incomplete Grade Form. Requests for an incomplete grade must be made on or before
the date of the final assignment or test of the term. A grade of "INC" does not replace an "F" and
will not be awarded for excessive absences. An "INC" will only be awarded to student presenting
a valid case for the inability to complete course work by the conclusion of the term. It is ultimately
the instructor’s decision to grant or deny a request for an incomplete grade, subject to the policy
rules below.
Policy/Rules for granting an Incomplete (INC):
� An incomplete cannot be issued without a request from the student.
� To qualify for an incomplete, the student must:
a. have completed over 50% of the course material and have a documented reason for requesting the
incomplete. (50% means all assignments/exams up to and including the midterm point, test, and/or
assignments.)
b. be passing the course at the time of their request.
If both of the above criteria are not met an incomplete cannot be granted.
� An INC is not a substitute for an F. If a student has earned an "F" by not submitting all the
work or by receiving an overall F average, then the F stands.
METHOD OF INSTRUCTION:
This course will be delivered using a lecture style format. This means that most of the hours of the
course schedule will be in class sessions. Physical class meetings and any online requirements are
both mandatory for the course. Online assignments and discussions will be delivered over the
internet using either the Blackboard system or e-mail.
METHOD OF EVALUATION:
Evaluations:
You will have four exams, including the final. Each test counts equally in weight, and will consist of 50
questions.
ASSIGNMENT OF GRADES:
A 90-100%
B 80-89%
C 70-79%
D 60-69%
F 0-59%
EXAMINATION SCHEDULE & INSTRUCTIONS:
� The exams will generally consist of multiple choice and possibly some true-false questions.
In any event, each section will be tested upon individually, with the final exam
being comprehensive.
� The exams will last the duration of the normal class time. The final will last two hours.
TECHNOLOGY REQUIREMENTS:
� A Troy e-mail account that you can access on a regular basis (see "TROY email" above)
� E-mail software capable of sending and receiving attached files.
� Access to the Internet and/or e-mail. Students can use the TROY computer lab, a public library,
etc., to insure they have access.
� "Not having a computer" or "computer crashes" are not acceptable excuses for late work.
HARASSMENT, HOSTILE WORK/CLASS ENVIRONMENT:
Troy University expects students to treat fellow students, their instructors, other TROY faculty, and
staff as adults and with respect. No form of "hostile environment" or "harassment" will be tolerated
by any student or employee. While in my class, you will refer to me only as "Mr. McSwean" and
you will likewise address other students as "Mister," "Mrs.," or "Miss." Students will furthermore
address me and your fellow classmates with the utmost respect and manners.
AMERICANS WITH DISABILITY ACT (ADA):
Troy University supports Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990, which insure that post-secondary students with disabilities have equal
access to all academic programs, physical access to all buildings, facilities and events, and are
not discriminated against on the basis of disability. Eligible students, with appropriate
documentation, will be provided equal opportunity to demonstrate their academic skills and potential
through the provision of academic adaptations and reasonable accommodations. Further information,
including appropriate contact information, can be found at the following link:
http://www.troy.edu/humanresources/ADAPolicy2003.htm.
HONESTY AND PLAGIARISM:
The awarding of a university degree attests that an individual has demonstrated mastery of a
significant body of knowledge and skills of substantive value to society. Any type of dishonesty in
securing those credentials therefore invites serious sanctions, up to and including suspension and
expulsion (see Standard of Conduct in each TROY Catalog). Examples of dishonesty include actual
or attempted cheating, plagiarism*, or knowingly furnishing false information to any university
employee.
*Plagiarism is defined as submitting anything for credit in one course that has already been
submitted for credit in another course, or copying any part of someone else’s intellectual work, their
ideas and/or words-published or unpublished, including that of other students, and portraying it as
one’s own. Proper quoting, using strict APA formatting, is required, as described by the instructor.
All students are required to read the material presented at:
http://troy.troy.edu/writingcenter/research.html
� This university employs plagiarism-detection software, through which all written student
assignments are processed for comparison with material published in traditional sources (books,
journals, magazines), on the internet (to include essays for sale), and papers turned in by students
in the same and other classes in this and all previous terms.
The penalty for plagiarism may range from zero credit on the assignment, to zero in the course, to
expulsion from the university with appropriate notation in the student’s permanent file. Cheating
and/or plagiarism will not be tolerated at all in my class!
LIBRARY SUPPORT:
The Libraries of Troy University provide access to materials and services that support the academic
programs. The address of the Library Web site is https://library.troy.edu This site provides access
to the resources of all Campus and Regional Libraries, as well as to resources such as the Library’s
Catalog and Databases. Additionally, the Library can also be accessed by choosing the "Library"
link from the University’s home page, www.troy.edu, or through the eLibrary tab within
Blackboard.
COURSE SCHEDULE:
This class, being lecture-based in nature, will not generally follow a set schedule. Each class will generally
follow the same schedule, so if a student needs to come to a different class, rather than missing it,
the student has that option.
The dates each student should be concerned with are listed
below:
Part I The Legal Environment of Business
Chapter 1 Introduction to Law
Chapter 2 Business Ethics and the Social Responsibility of Business
Chapter 3 Legal Process
Chapter 4 Constitutional Law
EXAM
Part II Contracts
Chapter 9 Introduction to Contracts
Chapter 10 Mutual Assent
Chapter 11 Conducting and Invalidating Consent
Chapter 12 Consideration
Chapter 14 Contractual Capacity
Chapter 17 Performance, Breach, and Discharge
Chapter 18 Remedies
EXAM
Part IV Sales
Chapter 21 Introduction to Sales and Leases
Chapter 24 Products Liability: Warranties and Strict Liability in Tort
EXAM
FINAL EXAM
SPRING 2011 CALENDER
Jan. 1, Sat. - New Years Day
Jan. 3, Mon. - Offices Reopen for Business (Tentative upon approval by Chancellor)
Jan. 3, Mon. - First Official Day Spring Semester; First Day of Classes for T-3
Jan. 4, Tues. - First Day of Classes for A Session, and 16-week Session on Alabama
Campuses (except Troy Campus)
Jan. 5, Wed. - First Day of Classes for Troy Campus 16-week Session
Jan. 5, Wed. 1st Payment Due (All students on semester/session formats)
Jan. 10, Mon. - Last Day for Free Drop/Add/Withdrawal T-3, A Session & 16-week Session
Jan. 11, Tues. - Census Date for T-3, A Session & 16-week Session
Jan. 17, Mon. - Martin Luther King Jr. Holiday (All students except eCampus)
Jan. 28, Fri. - Payment Due in Full for T-3
Feb. 3, Thur. - 2nd Payment Due (All students on semester/session formats)
Mar. 3, Thur. - 3rd Payment Due (All students on semester/session formats)
Mar. 6, Sun. - Last Day for T-3 & A Session
Mar. 7-13, Mon.-Sun. - Spring Break for all Terms, Sessions & Semester (Administrative
Day, Fri., Mar 11th – Offices Closed)
Mar. 14, Mon. - Classes Resume after Spring Break
Mar. 14, Mon. - First Official Day for T-4 & B Session
Mar. 21, Mon. - Last Day for Free Drop/Add/Withdrawal T-4 & B Session
Mar. 22, Tues. - Census Date for T-4 & B Session
Apr. 8, Fri. - Payment Due in Full for T-4
May 3, Tues. - Last Day for 16-week Session
May 6, Fri. - Commencement Troy Campus
May 15, Sun. - Last Official Day for T-4 & B Session, and for Spring Semester
May 15, Sun. - Commencement Dothan Campus
May 16, Mon. - Commencement Montgomery Campus
May 16-22, Mon.-Sun. - Spring/Summer Break
May 21, Sat. - Commencement Phenix City Campus