University of San Diego
School of Business
Administration
Richard E. Custin, J.D., M.Ed.,
LL.M.
ETLW 311 – Business Law I- Summer
2015
TR- 9 A.M. to 12:15 A.M.
July 13, 2015 to August 21, 2015
619 260-4854
Email: rcustin@sandiego.edu
Coronado 216
Office Hours- 7:30 to 8:45 A.M. TR
and as arranged.
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. 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.
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/ 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
|
