G BK 433 120 Business Law II - Texas A&M University

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GBK 433 –Spring 2015
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GBK 433.120 – Business Law II
Online – Spring 2015
Instructor: Amber L. Kingery
Office Location: Remote
E-mail: amber.kingery@tamuct.edu (email messages are preferred to Blackboard messages)
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
the 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 generally open quickly.
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, and 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
organizations in today’s society. This course is required for most majors within the College of Business
Administration.
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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:
Module 1 – Describe a creditor’s rights, duties and remedies under the law.
Module 2 – Explain the process for filing Bankruptcy, forming an agency relationship and operating a sole
proprietorship.
Module 3 – Illustrate the duties of the partner and how the various partnerships function legally, as well as
recognize the key aspects of a LLC.
Module 4 – Explain the corporate formation process, including financing and stock issues, and compare the
rights and responsibilities of the various corporate actors.
Module 5 – Recognize how an individual is protected under the law in both their commercial and business
transactions, as well as in the workplace.
Module 6 – Discuss an individual’s right to privacy and a workplace free of discrimination.
Module 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 an 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 when an advertisement is deceptive under the law.
State consumers’ responsibilities for credit card charges they did not make.
Discuss the Texas DTPA.
Recognize and explain at will employment, including implications for worker privacy.
Discuss the implications of the FMLA.
Identify employers’ compliance obligations with immigration and employment laws.
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35) Differentiate between a disparate treatment and a disparate impact claim.
36) Explain the provisions of Title VII, the Americans with Disabilities Act, and the Age Discrimination
in Employment Act, and recognize situations where violations occur.
37) Identify under which common law theories polluters can be held liable.
38) Explain the requirements for compliance under federal environmental statutes.
39) Define and contrast the types of property ownership.
40) Explain the circumstances required for a proper gift.
41) Recognize the rights and duties of a bailor and bailee.
42) Differentiate between the various ownership interests in real property.
43) Explain when adverse possession is effective.
44) Describe the circumstance by which eminent domain may be exercised.
45) 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 that may be covered by homework (HW) or Exam questions. All material both in the Text and
Audio Lectures is fair game.
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 9 th edition.
The one exception is that Chapter 26 is not in the 9th edition. You can purchse an e-chapter for about $6 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 - 480 total points (one at 40 points, four at 60, one at 80, and one
at 120 points) - All seven 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 module where one is due. I will have each HW assignment graded before you take
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your exam along with necessary feedback. You must use proper legal vocabulary in your responses for
full credit.
These will be due on Thursday, with the exception of HW #7, which is due on Sunday. In HW#’s 1, 2,
and 5, you will also have to copy and paste the required postings from the discussion board into your
submitted HW assignment for credit.
2. Journal Postings – 120 Points (8 at 15 Points each) – Starting at the end of week one, and then every two
weeks thereafter (8 total entries), you will be required to reflect on what you have learned for the week(s)
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 entitled “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.
These will be due on Sundays.
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 person). 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. 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
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720-799 = C - Acceptable
650-719 = D – Needs Significant Improvement
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 within 48 hours of its due time and/or 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 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
(with your email and phone number) to discuss your situation.
Blackboard supports the most common operating systems:
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PC: Windows 8, Windows 7, Windows Vista
Mac: Mac OS X Mavericks
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 TAMUCT Blackboard 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 onto 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 menu bar. 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 – Jan.19th-Feb. 1st
1. Read the syllabus and familiarize yourself with our Bb course.
2. Read and Listen to: Ch 23 Security Interests, Ch 24 Other Remedies
and Suretyship, and start on Ch 25 Bankruptcy
3. Post Journal Entry #1 by 11:59PM (23:59) on Sunday, January 24th
4. HW#1 (60 points) is due on Thursday, January 29th
Module 2 – Feb. 2nd-15th
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. Post Journal Entry #2 by 11:59PM (23:59) on Sunday, Feb. 8th
3. HW#2 (60 Points) – Due by 11:59 PM (23:59) on Thursday, Feb. 12th
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4. Exam 1 - Chapters 23-26 (limited on 26), and 28 – Opens at 8AM
(08:00) Sunday, Feb. 15th and closes at 11:59 PM (23:59) Monday, Feb.
16th
Module 3 – Feb. 16th - Mar. 1st 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 Sunday, Feb. 22nd
3. Be looking at and working on HW#3 (125 Points)
Module 4- March 2nd – 15th
1. Read and Listen to: Ch 34 Corporate Formation and Financing and Ch 35
Directors, Officers and Shareholders
2. Post Journal Entry #4 by 11:59PM (23:59) on Sunday, March 8th
3. HW#3 (125 points) - Due by 11:59PM (23:59) on Thursday, March
12th
4. Exam #2 Ch 31-35 - Opens at 8AM (08:00) Sunday, March 15th and
closes at 11:59PM (23:59) on Monday, March 16th
Spring Break – March 16th-20th
Module 5 – Mar. 23rd – Apr.5th 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 Sunday, Mar. 29th
3. HW#4 (40 Points) – Due by 11:59 PM (23:59) on Thursday, Apr. 2nd
Module 6 – Apr. 6th – 19th
1. Finish Ch 29 and listen to Privacy supplement, as well read and listen to
Ch 30 Employment Discrimination
2. Post Journal Entry #6 by 11:59PM (23:59) on Sunday, Apr. 12th
3. HW#5 (80 Points) – Due by 11:59PM (23:59) on Thursday, April 16th
4. Exam #3 Chapters 37, 39, 29 and 30 - Opens at (08:00) Sunday, Apr.
19th, and closes at 11:59PM (23:59) on Monday, Apr. 20th
Module 7 – Apr. 20th-May 3rd
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 Sunday, April 26th
3. HW#6 (60 points) – Due by 11:59PM (23:59) on Thursday, Apr. 30th
4. Submit Bonus Articles by 11:59PM (23:59) on Sunday, May 3rd
**Thursday, April 23rd – Summer 2015 Graduation Applications Due**
Module 8 – May 4th-14th
1. Read and Listen to: Ch 43 Real Property and the International Law
materials (fair game for testing)
2. HW#7 (60 Points) – Due by 11:59PM (23:59) on SUNDAY, May 10th –
Earlier than usual
3. Exam #4 Ch 40, 42, 43, and International Law- Opens at 8AM (08:00)
on Wednesday, May 13th and closes at 11:59PM (23:59) on Thursday,
May 14th
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 dishonesty 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 dishonesty. 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.
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 barrier-free.
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&M-Central
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 that 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
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.
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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. Generally, the most common issue impacting
grades 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 after the due date. The course calendar is
unlikely to change, so note when all things will happen and plan accordingly from the beginning.
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