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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, 1st 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
|
