Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Sunday, June 29, 2014

Summer 2014 Syllabus

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University of San Diego
School of Business Administration

ETLW 311 – Business Law I- Summer 2014
TR- 9 A.M. to 12:15 A.M.
July 14, 2014 to August 22, 2014

Richard E. Custin, J.D., M.Ed., LL.M.
619 260-4854
Email:  rcustin@sandiego.edu
Coronado 216
Office Hours- 7:30 to 8:45 A.M. TR and as arranged.  
We will not meet as a class on Thursday, July 24.  The makeup date this date is Wednesday July 30.  Please mark you calendars accordingly.  If you anticipate missing any class meetings, please drop the class and enroll at another time.
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

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

Required Course Materials
Dynamic Business Law, 3e, Kubasek, McGraw Hill (2015) 978-0-07-802378-1 
Electronic or other editions of the text are not acceptable.

Course Requirements and Student Evaluation
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.

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 the text.  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, computers or any electronic devices during class.  You must have a text available in each class meeting.  Sharing a text with another student in class is prohibited.  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.

Any 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.

Please do not enter the classroom late.  If you arrive late, please wait outside the classroom until the next available break.   Please do not knock on the door under any circumstances.  

Unless approved in writing by the instructor, any audio or video recording of the lecture or class discussions is strictly prohibited.
Unless expressly provided by the instructor, you may not submit assignments as attachments or electronically.  Please retain copies of all written assignments you submit.

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

Multiple choice / Essay/ 4 quizzes = 40%

Written Assignments / Case Briefs = 10%

Class Participation / Professionalism = 10%

Final Examination - Comprehensive = 40%

*Earning a grade of A or A- also requires that you fully participate in class activities, complete all assignments, attend all classes and maintain professionalism at all times.

(Please check MySanDiego for dates and times for final examinations.  You may not take the final examination with another section of Business Law.  During the Summer term the final examination will be scheduled on the last day of class)


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.”

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

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.










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


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 2


Constitutional Principles

Commerce Clause Art. I
Section 8

Bill of Rights
Chapter 5






Tort Law:
Chapter 8

Negligence: Duty, Breach, Causation and Damages


Strict Liability
Chapter 9

Product Liability

Defective or Unreasonably Dangerous Products

Defenses: Warnings, Misuse and Assumption of Risk
Chapter 10
Quiz 2
Week 3
Introduction to Contracts

Valid, Void, Voidable & Unenforceable Agreements

Uniform Commercial Code Articles 2 and 2A

Chapter 13

Agreement
Chapter 14

Consideration
Chapter 15

Capacity and Legality
Chapter 16
Quiz 3
Week 4
Legal Assent
Contracts in Writing

Statute of Frauds

Parol Evidence Rule
Chapter 17
Chapter 18
Week 5
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 6
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

Insurance Law

Chapter 51
Comprehensive Final Examination

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