Syllabus January 2012

University of San Diego
School of Business Administration

ETLW 311 – Business Law I - January 2012

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

email: rcustin@sandiego.edu
Olin Hall Office 205

Office Hours- 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, 2^nd Edition, McGraw Hill, (2011)



Course Requirements and Student Evaluation:

Attendance:
Students are expected to attend all scheduled classes. Your final cumulative point total may be reduced five points any class absence. Please do not enter the classroom late. Tardiness may count as a class absence. Being unprepared or not having a textbook available in class will constitute the equivalent of an absence. Please note: Students in prior semesters have occasionally ignored the attendance and tardiness rule and have earned poor grades.

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.

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.

It is a violation of professional ethics to advise the Professor that you need a specific grade to maintain a scholarship or for any other reason.

I do not discuss grades via email. No changes will be made to any grade unless a calculation error was made.

In the event that you do not take an exam on the scheduled date, you may be provided a different examination and you will not be eligible to participate in any curve, if any.

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.