Business Law I Fall 2016 Syllabus

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University of San Diego

School of Business

ETLW 311 – Business Law I- All Sections (Custin)

Fall 2016

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

Email:  rcustin@sandiego.edu

Office: Coronado 216

Office Hours- Office Hours- 7-7:45 AM & 10:15-11 AM MWF & as arranged.

Phone: 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 understand, appreciate and apply ethical principles as they relate to business and

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 develop a plan for personal and business litigation avoidance

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, Pleading, Discovery, Trial & Appeal

Constitutional Law as Applied to Business, The Commerce Clause, 1^st Amendment, Equal Protection

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

Contracts: The Uniform Commercial Code- Article 2 and 2A & the Common Law

Ethical Issues in Law

Alternative Dispute Resolution: Mediation, Arbitration and Peacemaking

Course Materials:

Dynamic Business Law, Kubasek, 3rd Edition, McGraw Hill, (2014)

ISBN:  978-0-07-802378-1

Custom, electronic or previous editions are not adequate.

Important:  This text must be obtained prior to the first day of class.  You may not share a text in class.

Attendance:

Absences from class meetings may adversely affect your course grade.  Please do not attend another section of Business Law I absent an extraordinary reason and upon advance notice to the instructor.

Course Information:

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.

You must be prepared to discuss the assigned material and.  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 other electronic devices during class.  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!

I will not respond to email messages that are unprofessional, lack an appropriate salutation or have multiple grammar errors. It is not acceptable in business correspondence to communicate like you are messaging your “best bud”. Let's get it right to save embarrassing and costly mistakes in the future.  If you do not receive a response from me to your email, please check your message for professionalism and correct grammar.  

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 use of cellphones, computers or other electronic devices in class is prohibited.

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.

Unless approved in writing by the instructor, any audio or video recording of the lecture or class discussion is strictly prohibited.

Unless expressly provided by the instructor, you may not submit assignments by email or as attachment.   Please retain copies of all written assignments you submit.

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.  If you need to leave the room during the class period, please do not return or interrupt the class lecture or activity.

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

Important: Earning a grade of A in the course also requires that you were prepared for each class meeting, maintained professionalism at all times, completed all class assignments and actively participated in class.

Four quizzes = 40% (10% each)

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 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: Intentional Torts	Chapter 8
Week 5	Negligence: Duty, Breach, Causation and Damages Strict Liability	Chapter 9
Week 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