ETLW 311 – Business Law I-
Sections 1, 2 & 3
Spring 2014
Richard E. Custin, J.D., M.Ed.,
LL.M.
Email: rcustin@sandiego.edu
Coronado 216
Office Hours- 7:00 to 7:45 A.M.
MWF 1:30-3 P.M. MW 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 successfully completing
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 (UCC), sales, agency,
employment and business transactions
G. To effectively use
alternative dispute resolution and peacemaking skills
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 and Civil Law
Small Claims Procedure
Selecting an Attorney
Court Jurisdiction: Personal
Jurisdiction, Subject Matter Jurisdiction and 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 and Insurance
Alternative Dispute Resolution:
Mediation, Arbitration and Peacemaking
Course
Materials:
Dynamic Business Law, Kubasek, 2nd
Edition, McGraw Hill, (2012)
Course
Requirements and Student Evaluation:
Attendance:
Absences from class meetings may
adversely affect your course grade. 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. Not having a textbook in class is
considered an absence.
I may contact you via e-mail or
on the class blog 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 and the blog regularly!
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.
. I do not change grades
unless I have made a calculation error.
I do not discuss grades via email.
The unauthorized use of cellphones, computers or other
electronic devices during an examination may result in your failure on the
examination and/or in the course.
I retain copies of tests, exams & assignments for sixty
days following the end of the semester.
I
generally do not entertain questions within 24 hours of any test including the
final examination. The final examination time is set by the USD Registrar and
is available on my.sandiego.edu.
Professionalism
requires that you act at all times with skill, good judgment and respect for
others.
Grading:
Scale: A 100-92, A-91-90, B+89, B 88-82, B-80-81, C+
79, C 78-72, C-71-70, D 69-60, less than 60=F
4 quizzes = 40%
Multiple choice / Essay
Written Assignments / Case
Briefs = 10%
Class Participation /
Professionalism = 10%
Final Examination - Comprehensive = 40%
(Please check the MySanDiego for dates and times for final examinations. You may not take the final examination with
another section of Business Law)
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 and The U.S. Legal System
Court
Jurisdiction
Alternative
Dispute Resolution- Mediation and Arbitration
The
Anatomy of a Lawsuit
Small
Claims Court
Selection
of an Attorney
|
Chapter
2
Chapter
3
Quiz
# 1
|
|
Week
3
|
Constitutional
Principles
Commerce
Clause Art. I
Section
8
Bill
of Rights
|
Chapter
5
Quiz
# 2
|
|
Week
4
|
Tort
Law:
|
Chapter
8
|
|
Week
5
|
Negligence:
Duty, Breach, Causation and Damages
Strict
Liability
|
Chapter
9
|
|
Weeks
6
|
Product
Liability
Defective
or Unreasonably Dangerous Products
Defenses:
Warnings, Misuse and Assumption of Risk
|
Chapter
10
Quiz
# 3
|
|
Week
7
|
Introduction
to Contracts
Valid,
Void, Voidable & Unenforceable Agreements
Uniform
Commercial Code Articles 2 and 2A
|
Chapter
13
|
|
Week
8
|
Agreement
|
Chapter
14
|
|
Week
9
|
Consideration
|
Chapter
15
|
|
Week
10
|
Capacity
and 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
# 4
|
|
Week
13
|
Introduction
to Sales and Lease Contracts
Contracts
for the Sale of International Goods (CISG)
Central
Themes Under the UCC including Good Faith and Contract Formation
A
Foundation for future study in Business Law II
|
Chapter
21
|
|
Week
14
|
Insurance
Law
|
Chapter
51
Comprehensive
Final Examination
|
