University of San Diego
School of Business Administration
ETLW 311 – Business Law I- Sections 4 & 5
Spring 2012
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
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, 2nd 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.
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, 2nd 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.
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 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
|
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