THE UNIVERSITY OF TEXAS AT TYLER COLLEGE OF BUSINESS & TECHNOLOGY SUMMER 2013

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1 COURSE NUMBER: BLAW THE UNIVERSITY OF TEXAS AT TYLER COLLEGE OF BUSINESS & TECHNOLOGY SUMMER 2013 COURSE TITLE: BUSINESS LEGAL ENVIRONMENT INSTRUCTOR: TAMMY W. COWART, J.D., Assistant Professor of Business Law REQUIRED TEXT: Modern Principles of Business Law: Contracts, The UCC, and Business Organizations; Roger LeRoy Miller; First Ed., Cengage, (ISBN 13: ). See Text Website below for information on purchasing echapters from the textbook publisher. This is an alternative to purchasing the textbook. Text Web site: C2KnmbNyNlKrp2fJcrbm4NsKN2y41! ?cmd=catProductDetail&gclid=COn2cb_mLcCFRJp7AodwxgAbA&entryPoint=storefront&cid=GSEM1&ISBN= &messageType =catproductdetail COURSE DESCRIPTION: An introduction to the legal environment of business, legal reasoning, and historical perspective. An emphasis is placed on contracts, Uniform Commercial Code, secured transactions, bankruptcy, wills and trusts. CLASS MEETING: ; Exams will be available on Sundays and Mondays per the syllabus during the time designated. TEACHING METHOD: Lecture audio-visual clips, case analysis, and class project. OFFICE & PHONE NUMBER: BUS 121; (office) OFFICE HOURS: by Appointment tcowart@uttyler.edu Course Information: Literally EVERYTHING in this class will be posted on Blackboard. Check the Blackboard web site regularly for class updates and changes in the course schedule; the text web site contains additional resources for each chapter. TOPICS COVERED: General Legal Principles 2 hrs. Business Organizations 3 hrs. Contracts (common law/ucc) 20hrs. Negotiable Paper/Secured Trans. 8 hrs. Property, Wills & Trusts 4.5hrs. Total 37.5 hrs Student Evaluation: Your course grade will be based on Exams and Assignments as follows: 1. Three Exams (100 points each) Contract Negotiation Project Quizzes 30 pts. Each) Written Assignment Case Discussion Board 10 Total Points Possible 500 Grades will be determined based on your total number of points earned, as follows: A = points B = points C = points D = points

2 1. Exams: Two semester exams and a final exam will be given, each worth 100 points. Each exam will contain (40-45) multiple-choice questions and 1-2 short answer questions. These questions will require you to demonstrate knowledge and understanding of substantive law and terminology, as well as the ability to apply the law to or analyze specific fact situations. Students will be asked to select the best answer among multiple choice answers. Neither the semester exams nor the final will be comprehensive. Exams will be available from Sunday afternoon until approximately early afternoon Monday on the days designated in the syllabus. You will complete the entire exam on Blackboard. The exam will be timed; so while you may use your notes during the exam, you will not have time to look up each question. There will also be multiple versions of the exam. MAKE-UP EXAMS WILL NOT BE GIVEN WITHOUT PRIOR APPROVAL. 2. Contract Negotiation Project: The class will be divided into several groups. Each group will represent either the buyer or seller in a contract negotiation. A sample contract, fact sheet, and contract worksheet will be provided on Blackboard. The teams will either draft an initial contract or a response to the initial contract. Both sides must come to an agreement and submit the final agreed upon contract as a final project at the end of the semester. All materials needed will be uploaded to Blackboard, and discussion groups will be set up on Blackboard for the purpose of the negotiation exercise. Your final grade will be based on the terms proposed, nature of the negotiations on the discussion board, and the final contract. 3. Quizzes: We will have 3 short quizzes over the course of the semester. The quizzes will consist of 10 multiple choice questions from past CPA exams. The quizzes will be posted before each exam. You must complete it (open book of course) and submit it by the exam day. There will be no make-ups for missed quizzes. 4. Written Assignment: A selection of various law-related research projects will be given. The topics vary; however, all require an approximately 3-4 page written report. You will choose an assignment topic and turn in the written assignment at the time given for each topic. It will be graded on your completion of the assignment as directed, as well as your grammar, punctuation, sentence structure, and paragraph organization. 5. Case Discussion Board: The class will be divided into groups (same as #2 above) and assigned a case from one of the chapters in the text. A question or issue regarding the case will be posted. Students in the assigned groups will monitor and guide the discussion board postings. Posting is mandatory for your assigned case but optional for other cases. Points will be assigned for your thoughtful, meaningful, and relevant postings to the discussion board. To gain full credit, you must make at least one original post and one responsive post. Postings on the discussion board which are irrelevant, disrespectful, or which violate any provision of the terms of use of UT Tyler will result in point deductions. COURSE OBJECTIVES: A. KNOWLEDGE OBJECTIVES OF THIS COURSE INCLUDE: 1. To apply UCC rules to various contracts. 2. To understand basic contract theory. 3. To apply damage theory to contracts. 4. To compare warranty and product liability in the law. 5. To understand and apply the requisites of Negotiable Instruments. 6. To demonstrate knowledge of secured transactions. 7. To apply laws pertaining to personal and real property. 8. To differentiate between uses of wills and trusts. B. COMPETENCIES TO BE DEMONSTRATED IN THIS COURSE INCLUDE: 1. COMPUTER-BASED SKILLS: A. WORD PROCESSING: Preparation of contract and written assignment B. INTERNET SEARCH SKILLS: Research of contracts terms and legal issues in written assignment. 2. COMMUNICATION SKILLS: A. WRITTEN

3 a. REPORT ORGANIZATION: Preparation of contract and written assignment b. REFERENCING: Use of proper reference in written assignment 3. PROBLEM SOLVING (CRITICAL THINKING): A. CONCEPTUAL THINKING: Use precedent and stare decisis to analyze cases and predict outcomes of future cases. Also required in contract negotiation exercise. B. CREATIVITY AND INNOVATION: Use precedent and stare decisis to analyze cases and predict outcomes of future cases. Also required in contract negotiation exercise. 4. ETHICAL ISSUES IN DECISION MAKING AND BEHAVIORS: Discuss ethical problems and missteps in cases and develop ways to prevent ethical conflict in similar scenarios. 5. PERSONAL ACCOUNTABILITY FOR ACHIEVEMENT: Students must monitor grade progress and all projects must be completed on time. No make-up work is allowed. 6. COMPETENCE IN BASIC BUSINESS PRINCIPLES: A. COMPETENCE IN MAJOR FIELD AND GROUNDING IN OTHER MAJOR CORE AREAS: There is broad coverage of general business topics (described in more detail below), as well as some discussion of marketing issues in contracts law, management and accounting issues in discussion of business organizations, and finance issues in secured transactions. B. AWARENESS OF INTERNATIONAL AS WELL AS DOMESTIC IMPLICATIONS OF BUSINESS DECISIONS: Discuss and analyze cases involving international jurisdiction issues and international contract issues in negotiation exercise. C. UNDERSTANDING AND APPRECIATION OF STRATEGIC IMPACT OF BUSINESS DECISIONS: Compare and contrast tax and liability issues in various business organizations; discuss various administrative agencies and their important impact on all business organizations. C. OUTCOMES FOR STUDENTS TO SUCCESSFULLY COMPLETE THIS COURSE INCLUDE: Mastery of the above objectives as demonstrated by satisfactory completion of questions on each of three exams; Completion of additional written assignments and quizzes. Grade Replacement: If you are repeating this course for a grade replacement, you must file an intent to receive grade forgiveness with the registrar by the 12th day of class. Failure to file an intent to use grade forgiveness will result in both the original and repeated grade being used to calculate your overall grade point average. A student will receive grade forgiveness (grade replacement) for only three (undergraduate student) or two (graduate student) course repeats during his/her career at UT Tyler. WITHDRAW DATE: Date to withdraw without penalty (12 th class day) ATTENDANCE POLICY: You ll be required to make discussion board postings and complete assignments. Those constitute your participation in this class and will impact your grade. MAKE-UP POLICY: See Number 1 Above regarding exam make-ups. COLLEGE OF BUSINESS STATEMENT OF ETHICS: The ethical problems facing local, national and global business communities are an ever-increasing challenge. It is essential the College of Business and Technology help students prepare for lives of personal integrity, responsible citizenship, and public service. In order to accomplish these goals, both students and faculty of the College of Business and Technology at The University of Texas at Tyler will: *Ensure honesty in all behavior, never cheating or knowingly giving false information. *Create an atmosphere of mutual respect for all students and faculty regardless of race, creed, gender, age or religion. *Develop an environment conducive to learning. *Encourage and support student organizations and activities. *Protect property and personal information from theft, damage and misuse. *Conduct yourself in a professional manner both on and off campus.

4 COLLEGE OF BUSINESS & TECHNOLOGY CORE VALUES PROFESSIONAL PROFICIENCY TECHNOLOGICAL COMPETENCE GLOBAL AWARENESS SOCIAL RESPONSIBILITY ETHICAL COURAGE Writing Center Information: Located in BUS 202, the UT-Tyler Writing Center provides professional writing tutoring for all students. If you wish to use the Writing Center, you should plan in advance for a minimum of two hour-long tutorials per assignment: the first to assess your needs, and the second to follow up. Be prepared to take an active role in your learning, as you will be asked to discuss your work. While Writing Center tutors are happy to give constructive criticism and teach effective writing techniques, they will under no circumstances write your paper for you. Appointments are strongly encouraged: call Visit Course Disclaimer: This course is not intended to be a comprehensive analysis of the laws and issues presented. The information contained in this course may not be applicable to all situations due to the generality of our discussions, the evolution of case law, and the necessity of interpretive guidance. For these reasons, nothing contained in this course should be relied upon without the benefit of legal and financial advice based on the particular circumstances presented. Furthermore, the policy of the State Bar of Texas prohibits the Instructor from providing legal advice to students. Students seeking individual legal advice are encouraged to contact their respective attorneys, or the State Bar of Texas Lawyer Referral Service ( ). Academic Dishonesty Statement The faculty expects from its students a high level of responsibility and academic honesty. Because the value of an academic degree depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrates a high standard of individual honor in his or her scholastic work. Scholastic dishonesty includes, but is not limited to, statements, acts or omissions related to applications for enrollment of the award of a degree, and/or the submission, as one s own work of material that is not one s own. As a general rule, scholastic dishonesty involves one of the following acts: cheating, plagiarism, collusion and/or falsifying academic records. Students suspected of academic dishonesty are subject to disciplinary proceedings. University regulations require the instructor to report all suspected cases of academic dishonesty to the Dean of Students for disciplinary action. In the event disciplinary measures are imposed on the student, it becomes part of the students official school records. Also, please note that the handbook obligates you to report all observed cases of academic dishonesty to the instructor. Students Rights and Responsibilities To know and understand the policies that affect your rights and responsibilities as a student at UT Tyler, please follow this link: State-Mandated Course Drop Policy Texas law prohibits a student who began college for the first time in Fall 2007 or thereafter from dropping more than six courses during their entire undergraduate career. This includes courses dropped at another 2-year or 4-year Texas public college or university. For purposes of this rule, a dropped course is any course that is dropped after the 12th day of class (See Schedule of Classes for the specific date). Exceptions to the 6-drop rule may be found in the catalog. Petitions for exemptions must be submitted to the Registrar's Office and must be accompanied by documentation of the extenuating circumstance. Please contact the Registrar's Office if you have any questions. Disability Services In accordance with federal law, a student requesting accommodation must provide documentation of his/her disability to the Disability Support Services counselor. If you have a disability, including a learning disability, for which you request an accommodation, please contact Student Accessibility and Resources office in UC 3150, or call (903)

5 Student Absence due to Religious Observance Students who anticipate being absent from class due to a religious observance are requested to inform the instructor of such absences by the second class meeting of the semester. Student Absence for University-Sponsored Events and Activities If you intend to be absent for a university-sponsored event or activity, you (or the event sponsor) must notify the instructor at least two weeks prior to the date of the planned absence. At that time the instructor will set a date and time when make-up assignments will be completed. Social Security and FERPA Statement: It is the policy of The University of Texas at Tyler to protect the confidential nature of social security numbers. The University has changed its computer programming so that all students have an identification number. The electronic transmission of grades (e.g., via ) risks violation of the Family Educational Rights and Privacy Act; grades will not be transmitted electronically. Emergency Exits and Evacuation: Everyone is required to exit the building when a fire alarm goes off. Follow your instructor s directions regarding the appropriate exit. If you require assistance during an evacuation, inform your instructor in the first week of class. Do Not re-enter the building unless given permission by University Police, Fire department, or Fire Prevention Services. Reading Assignments and Course Schedule: Listed below are the reading assignments and course schedule for this semester. You are responsible for the reading assignments on the week listed even if the class discussion has not kept pace. May 20 Introduction Video/Read Syllabus Chp. 1 The Legal Environment Chp. 3 - Courts & ADR Southern Prestige Industries, Inc. v. Independence Plating Co. 27 Chp. 8 Nature & Classification Wagner v. Columbia Pictures Industries Chp. 9 Agreement in Traditional & E-Contracts Lucy v. Zehmer June 3 Chp. 10 Consideration, Capacity, and Legality Quiz Exam 1 (Chps. 1, 3, 8 & 9) 10 Chp. 11 Defenses to Contract Enforceability Salim v. Solaiman Chp. 12 Third Party Rights & Discharge 17 Chp. 13 Breach & Remedies Chp. 14 Formation of Sales Contracts Jannusch v. Naffziger 24 Chp. 15 Performance, Breach, & Warranties Quiz Exam 2 (Chps ) July 1 Chp. 17 Sole Proprietorships, Partnerships, & LLCs Chp Corporations Schultz v. General Electric Healthcare Financial Services

6 8 Real Property & Personal Property 15 Wills & Trusts 22 Contract Negotiation Exercise Due Quiz Final Exam (Chps. 17, 18, Property, Wills & Trusts)