Spring 2012 Syllabus- Business Law I

University of San Diego
School of Business Administration

ETLW 311 – Business Law I- Sections 4 & 5
Spring 2012

Richard E. Custin, J.D., M.Ed., LL.M.

email: rcustin@sandiego.edu
Olin Hall Office 205

Office Hours- 10 A.M. to 12 P.M. MWF and as arranged
619 260-4854
Class Blog: http://custinusd.blogspot.com/

Course Description:


“Covers the fundamentals of United States law and legal system, relationship of law to ethics, torts, risk management, insurance, and hiring and managing an attorney. Special emphasis is given to preventing legal problems and resolving conflicts in business for business practitioners. Systems and methods of dispute resolution are considered including negotiation, mediation, arbitration, and the U.S. judicial system including small claims court.”

Course Objectives:

Students who complete this course will be able to:

A. To develop a plan for personal and business litigation avoidance
B. To understand the basic functions and jurisdictional requirements of state and federal courts
C. To understand various legal systems including common law and civil law
D. To distinguish between civil, criminal & statutory law, substantive and procedural law
E. To develop and refine critical thinking skills including legal reading, writing and application of law to fact
F. To understand and apply the law of torts, contracts, the Uniform Commercial Code, sales, agency, employment and business transactions
G. To develop strategies to effectively utilize alternative dispute resolution
H. To understand issues involving risk management and insurance
I. To develop effective negotiation strategies
J. To understand, appreciate and apply ethical principles as they relate to business and law





Key topics to be covered this semester are:

The Origin and Application of the Common Law

Criminal & Civil Law

Small Claims Procedure

Selecting an Attorney

Court Jurisdiction: Personal Jurisdiction, Subject Matter Jurisdiction & Venue

The Anatomy of a Civil Lawsuit

Torts: Intentional Torts, Negligence, Strict Liability & Business Torts

Contracts: The Uniform Commercial Code & the Common Law

Ethical Issues in Law

Risk Management & Insurance

Alternative Dispute Resolution: Mediation & Arbitration



Course Materials:
Dynamic Business Law, Kubasek, 2^nd Edition, McGraw Hill, (2011)



Course Requirements and Student Evaluation:

Attendance:

We fully expect that students will attend all scheduled classes. All students will be provided two absences during the Fall Term. Your final cumulative point total may be reduced five points for each absence in excess of two days. Please do not enter the classroom late. Tardiness may count as a class absence. Please note: Students in prior semesters have occasionally ignored the attendance and tardiness rule and have earned poor grades.  You may not attend another section of Business Law I absent extraordinary reasons and upon advance notice to the instructor.

Caveat:

DISCLAIMER: The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or other professional advice, consult a licensed attorney or other professional.  The instructor is not providing representation to any student.  No attorney client privilege is expressly intended or implied.

Average work in this course will result in a “C’ grade. You must be prepared to discuss the material assigned and the cases contained within. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared. We need your active participation!  Please do not use phones, text or email during class.  You may use your computer assuming this use is exclusively for taking class notes or using the electronic version of the text.  You must have a text available in each class meeting.

Please provide me with a valid e-mail address. I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading. An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you. Therefore, check your e-mail regularly! You may need access to the Internet to complete some assignments.

No make-up examinations will be given absent extraordinary reasons. (ie: major earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and disasters of monstrous proportion) No assignments will be accepted after the announced due date.

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct.   

The unauthorized use of cell phones, computers or other electronic devices during an examination may result in your failure on the examination and/or in the course.

Grading:

Scale: A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

3 tests = 40%
Multiple choice / Essay

Written Assignments / Case Briefs = 10%

In-Class and Blog Participation = 10%

Final Examination - Comprehensive = 40%



Statement on Academic Integrity:

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

We develop socially responsible business leaders with a global mindset through academically rigorous, relevant, and values-based education and research.

Tentative Schedule- Subject to Change

Class	Topics	Assignments/Deliverables
Week 1	An Introduction to Dynamic Business Law Common Law v. Civil law The Doctrine of Stare Decisis	Chapter 1
Week 2	Business Ethics & The U.S. Legal System Court Jurisdiction Alternative Dispute Resolution- Mediation & Arbitration The Anatomy of a Lawsuit Small Claims Court Selection of an Attorney	Chapter 2 Chapter 3
Week 3	Constitutional Principles Commerce Clause Art. I Section 8 Bill of Rights	Chapter 5 Quiz # 1
Week 4	Tort Law:	Chapter 8
Week 5	Negligence: Duty, Breach, Causation & Damages Strict Liability	Chapter 9
Weeks 6	Product Liability Defective or Unreasonably Dangerous Products Defenses: Warnings, Misuse & Assumption of Risk	Chapter 10 Quiz # 2
Week 7	Introduction to Contracts Valid, Void, Voidable & Unenforcable Agreements Uniform Commercial Code Articles 2 & 2A	Chapter 13
Week 8	Agreement	Chapter 14
Week 9	Consideration	Chapter 15
Week 10	Capacity & Legality	Chapter 16
Week 11	Legal Assent Contracts in Writing Statute of Frauds Parol Evidence Rule	Chapter 17 Chapter 18
Week 12	Third-Party Rights to Contracts Third- Party Beneficiary Contracts Assignment of Rights Delegation of Duties Discharge and Remedies	Chapter 19 Chapter 20 Quiz # 3
Week 13	Introduction to Sales and Lease Contracts Contracts for the Sale of International Goods (CISG) Central Themes Under the UCC including good faith & Contract Formation A Foundation for future study in Business Law II	Chapter 21
Week 14	Insurance Law Practical Considerations for Personal & Business Insurance Insurable Interest	Chapter 51 Comprehensive Final Examination

Costa Concordia: A Case of Negligence?

Crash Information

"The Italian cruise ship Costa Concordia partially sank on Friday 13 January 2012 after hitting a reef off the Italian coast. It ran aground at Isola del Giglio, Tuscany, requiring evacuation of 4,197 people on board. At least 11 people were killed, including ten passengers and one crewman; 64 others were injured and 21 are missing. Two passengers and a crew member trapped below deck were rescued. The captain, Francesco Schettino, and first officer, Ciro Ambrosio, were arrested on suspicion of causing the incident after sailing much closer to the shore than permitted." (wiki)

Was this negligence? Attorney Brett Rivkind thinks so. 

"Brett Rivkind, a Miami attorney with nearly 30 years of maritime law experience, expressed shock and dismay “that something like this could happen. There's clear negligence here, there's no question about that, so the thoughts are obviously there’s going to be a lot of legal claims (coming) out of this incident,” he said.

Costa Cruises admits human error was a factor, but Rivkind said there is a significant hurdle to cross before lawsuits can be filed.

"Well, this is Costa Cruise lines and this involves a cruise that originated outside of the United States and didn't touch a United States port, so according to their passenger contract, it would require any lawsuits to be filed in Italy,” he said. While that is a hurdle to a lawsuit, it is not an impossible one, he added." (Miami news)

Imagine if this case were to be tried in the US court system. What must be proven in order to establish negligence and find the Captain liable? Do you think the plaintiffs would be better off suing the Captain or the cruise line? What do you think about this crash overall, as it dominates the headlines today.

Costa Concordia Cruise Ship Disaster

http://www.nytimes.com/2012/01/19/world/europe/cruise-lines-use-law-and-contracts-to-limit-liability.html

In regards to the recent Carnival Cruise Ship (Costa Concordia) Disaster-

Specifically to Professor Custin:

The New York Times article begins with humorous (but ultimately accurate) quote: "The wreck of the Costa Concordia has attracted those habitual companions of disaster: lawyers."

Carnival Cruise Lines must have had some pretty savvy attorneys draw up the contracts each passenger is mandated to sign upon purchase of cruse tickets, because the company is placing all blame of the disaster on the captain's negligence:

"For its part, the company is heaping blame on the ship’s captain, Francesco Schettino, calling the accident “human error” and contending that the captain diverted the ship from its authorized route...Such forceful criticism of the captain may be intended to help the company avoid liability under international agreements like the Convention on Limitation of Liability for Maritime Claims. The convention is referred to on the Web site of the International Maritime Organization as ‘a virtually unbreakable system of limiting liability” for the owners of ships after accidents.’"

Not only is Carnival relinquishing blame unto the captain, but the contract each passenger must sign is so ingeniously strict, that it is questionable what type, if any, lawsuit will be brought up in court against the company.

“Costa’s contract states that the line will pay no more in cases of death, personal injury and property loss than about $71,000 per passenger. It allows no recovery for mental anguish or psychological damages. It bars class-action suits.”

Also, because the cruise did not dock in a United States port, “the contract states, any litigation must be brought in Genoa, Italy, and be governed by Italian law.” This might discourage lawsuits from United States passengers. Moreover, the contract allows the company to take full advantage of international treaties or laws that favor the owner of the ship: “the Carrier shall be entitled to invoke whichever provisions provide the greatest limitations and immunities to the Carrier.”

Almost makes one reconsider travel plans including a cruise.

SOPA

Does anybody else think that SOPA is unconstitutional? Personally, I believe that the plan for internet censorship is a blatant violation of the First Amendment. It will destroy free speech and give certain parties the power to cripple certain sites. The internet should not be something that is under control of the government, plus it only gives them more power and excuses to look into sites and sites we visit which is an invasion of privacy. I think it will also serve as a crutch to innovation. I also think that it might hurt the economy on some level with the amount of online shopping we all do. Agree? Disagree?

National Defense Authorization Act of 2012

On New Year’s Eve, National Defense Authorization Act (NDAA) went into effect. This page is helpful in describing what the legislation legalizes. 

http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012

One component of the law is indefinite detention. This means that individuals can be held for however long is deemed necessary. Furthermore, they will be denied their due process; there doesn’t have to be a fair trial. I think this legislation is fundamentally wrong and cannot be justified, even if under the guise of an Act that supposedly protects against terrorism.  All people held in the United States, by the power of the Constitution, are granted a fair trial and cannot be held indefinitely, even if they are alleged to be a threat to the country.

Some other key components of the law are here: http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/

Does anybody think this law is constitutional?

Syllabus January 2012

University of San Diego
School of Business Administration

ETLW 311 – Business Law I - January 2012

Richard E. Custin, J.D., M.Ed., LL.M.

email: rcustin@sandiego.edu
Olin Hall Office 205

Office Hours- as arranged.
619 260-4854
Class Blog: http://custinusd.blogspot.com/

Course Description:


“Covers the fundamentals of United States law and legal system, relationship of law to ethics, torts, risk management, insurance, and hiring and managing an attorney. Special emphasis is given to preventing legal problems and resolving conflicts in business for business practitioners. Systems and methods of dispute resolution are considered including negotiation, mediation, arbitration, and the U.S. judicial system including small claims court.”

Course Objectives:

Students who complete this course will be able to:

A. To develop a plan for personal and business litigation avoidance
B. To understand the basic functions and jurisdictional requirements of state and federal courts
C. To understand various legal systems including common law and civil law
D. To distinguish between civil, criminal & statutory law, substantive and procedural law
E. To develop and refine critical thinking skills including legal reading, writing and application of law to fact
F. To understand and apply the law of torts, contracts, the Uniform Commercial Code, sales, agency, employment and business transactions
G. To develop strategies to effectively utilize alternative dispute resolution
H. To understand issues involving risk management and insurance
I. To develop effective negotiation strategies
J. To understand, appreciate and apply ethical principles as they relate to business and law





Key topics to be covered this semester are:

The Origin and Application of the Common Law

Criminal & Civil Law

Small Claims Procedure

Selecting an Attorney

Court Jurisdiction: Personal Jurisdiction, Subject Matter Jurisdiction & Venue

The Anatomy of a Civil Lawsuit

Torts: Intentional Torts, Negligence, Strict Liability & Business Torts

Contracts: The Uniform Commercial Code & the Common Law

Ethical Issues in Law

Risk Management & Insurance

Alternative Dispute Resolution: Mediation & Arbitration



Course Materials:
Dynamic Business Law, Kubasek, 2^nd Edition, McGraw Hill, (2011)



Course Requirements and Student Evaluation:

Attendance:
Students are expected to attend all scheduled classes. Your final cumulative point total may be reduced five points any class absence. Please do not enter the classroom late. Tardiness may count as a class absence. Being unprepared or not having a textbook available in class will constitute the equivalent of an absence. Please note: Students in prior semesters have occasionally ignored the attendance and tardiness rule and have earned poor grades.

Caveat:

DISCLAIMER: The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice. If you need legal, tax or other professional advice, consult a licensed attorney or other professional. The instructor is not providing representation to any student. No attorney client privilege is expressly intended or implied.

Average work in this course will result in a “C’ grade. You must be prepared to discuss the material assigned and the cases contained within. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared. We need your active participation! Please do not use phones, text or email during class. You may use your computer assuming this use is exclusively for taking class notes or using the electronic version of the text. You must have a text available in each class meeting.

Please provide me with a valid e-mail address. I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading. An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you. Therefore, check your e-mail regularly! You may need access to the Internet to complete some assignments.

No make-up examinations will be given absent extraordinary reasons. (ie: major earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and disasters of monstrous proportion) No assignments will be accepted after the announced due date.

It is a violation of professional ethics to advise the Professor that you need a specific grade to maintain a scholarship or for any other reason.

I do not discuss grades via email. No changes will be made to any grade unless a calculation error was made.

In the event that you do not take an exam on the scheduled date, you may be provided a different examination and you will not be eligible to participate in any curve, if any.

Grading:

Scale: A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

3 tests = 40%
Multiple choice / Essay

Written Assignments / Case Briefs = 10%

In-Class and Blog Participation = 10%

Final Examination - Comprehensive = 40%



Statement on Academic Integrity:

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

We develop socially responsible business leaders with a global mindset through academically rigorous, relevant, and values-based education and research.