Business Law I- Syllabus- Spring 2014

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, 2^nd 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