Vanguard University School for Graduate and Professional Studies Business Major Degree Program BUSINESS LAW BUOM 316

Transcription

1 School for Graduate and Professional Studies Business Major Degree Program BUSINESS LAW BUOM 316 Student Guide 08/15 JR

2 COURSE DESCRIPTION This course explores the legal environment in which businesses operate. The focus is on the organization and operation of the American legal system, legal rules and ethical constraints that impact business, and the practical application of these rules and constraints to real-world situations. Topics include contracts, torts, agency, ethical and criminal implications of business actions, property laws, and the legal aspects of different business entities. 2

3 TEXTS AND MATERIALS Required texts: Roger Leroy Miller. Essentials of the Legal Environment Today (5th Ed.). Arlington, Texas: Institute for University Studies (2016). ISBN-10: ISBN-13: LEARNING OUTCOMES 1 After completing this course, the Adult Learner will be familiar with a wide range of subjects and will be able to identify potential legal issues and recognize opportunities that someone with a limited view of the world would likely miss. The Adult Learner will have achieved the following learning outcomes: 1. Demonstrate knowledge and understanding of the basic principles of the English Legal system and the common law in the United States; including aspects of judicial review, jurisdiction, and the court system. 2. Identify the historical and constitutional foundations of the law in the United States. Demonstrate knowledge and understanding of the U.S. Constitution as the "Supreme Law of the Land" and the Amendments known as the Bill of Rights. 3. Identify the elements of a valid contract (under common law and the Uniform Commercial Code), including assent and consideration; the available defenses to contract formation; discharge, breach of contract, and election of remedies. 4. Demonstrate knowledge and understanding of the tort system, including torts grounded in intentional acts, negligent acts, and strict liability; as well as the defenses to tort liability and election of remedies. 5. Demonstrate knowledge and understanding of agency law, including duties of agents, principals, and third parties as well as liabilities. Identify the differences between an employee and an independent contractor and demonstrate how the classification can shield or expose an employer to liability under agency principals. 6. Identify the major forms of business organizations used by entrepreneurs in the United States. Demonstrate knowledge and understanding of the respective rights and obligations of corporate officers, directors, and controlling shareholders. Identify what directors must do to avoid liability for honest mistakes in judgment and poor business decisions. 1 See also Course Learning Outcome Matrix at the end of this guide. 3

4 COURSE POLICIES Students are responsible for reviewing course and university policies as noted in the University Catalogue. A brief version of course policies titled: The School for Graduate and Professional Studies Course Policies Guide for Onsite/Online Courses, is available for download from the PS website under Curriculum. All course and university policies pertain to this course. Attendance and Late Policy only are reprinted below. Students should download, and Instructors review, the full set of course policies found on the university website. ATTENDANCE AND TARDY POLICY You must attend class on time and remain present until dismissed. Class attendance is necessary in order to complete the course. Unlike traditional courses, the School for Graduate and Professional Studies relies on the dynamics of class interaction and group processing in order to integrate and apply the learning of academic content. This model also emphasizes the development and practice of interpersonal communication skills and teamwork (e.g., group problem solving and negotiation). The format therefore necessitates class attendance. In practical terms, one course session is equivalent to three weeks of traditional semester course work. Due to the concentrated scheduling and the emphasis upon participatory learning, students need to be in attendance every week. Students who miss more than one class meeting (or more than five class hours) in any given course will automatically receive a failing grade and need to retake the course to obtain a passing grade. If an instructor deems that a student s second absence was under extremely unavoidable and unusual circumstances (i.e., an auto accident), the professor may file an academic petition on behalf of the student to the Dean of PS. If the academic petition is approved, the instructor may give the student a W (Withdrawal) grade in place of a failing grade. The student will still be required to retake the course. Students who arrive late disturb the class. At the professor s discretion, students who arrive late may not receive participation points for the unit covered. Students who are habitually late may be asked to drop the course. LATE PAPER POLICY You are responsible for submitting assignments on time (by 6:00 pm). Late assignments may be accepted for a short time (subject to a ten-percent late penalty for each 24-hour period). No late assignment will be accepted after one week. 4

5 WRITTEN PAPER EVALUATION AND MECHANICS Most written assignments will have a mandatory page limit. Your work product will be evaluated based on content and writing style. When assigned, the student will receive a Grading Criteria that outlines content expectations and point allocation. All assignments must be typed on 8 ½" x 11" white paper and print quality must be clearly readable. Please staple your assignments in the upper left corner (do not turn in your assignment with a report cover or binder). Be sure to attach a blank Grading Criteria as a last page to all written assignments (except the first Discussion Question). MLA Guidelines: All papers must follow MLA guidelines so that students learn to write in a disciplined fashion and submit page and word limits that are equivalent with their peers. Check your MLA style before submitting your final work product (see MLA Style Checklist that follows). 5

6 STUDENT EVALUATION AND COURSE GRADING Percentages Points Grade Significance GPA % A Exceptional % A % B % B Above Average % B % C % C Average % C % D % D Below Average % D % F Failure 0.00 GRADING Student evaluation will be based on competence and knowledge of the material as evidenced by student participation in class, performance on weekly quizzes, weekly discussion questions, and a final summary paper: Assignment Points Weekly Quizzes 50 Written Discussion Questions (4) 20 Final Summary Paper 20 Class Attendance and Participation; oral 10 presentation Total 100 6

7 Components of student point allocation include: 1. Weekly Quizzes: Five Quizzes EVALUATION COMPONENTS Students will complete weekly open-book, take-home quizzes that relate to the assigned text material. The quizzes are challenging so please be sure to dedicate sufficient time to the assignment. If you are not sure about an answer choice or if the choices are confusing, turn in a supplement explanation about the issue. A short paragraph demonstrating thoughtful and accurate analysis about vague answer choices will earn you credit for the question. It is fine to write the explanation on the back of the answer sheet. Be sure to cite the textbook page numbers that support your discussion. 2. Weekly Discussion Questions: Four Discussion Question assignments On a weekly basis, students will prepare and submit a one or two page written discussion that identifies and analyzes assigned legal issues. When assigned, the student will receive a Grading Criteria that outlines content expectations and point allocation. In general, your discussion should demonstrate an integration of academic content and critical thought. Your writing style is based on clarity, spelling, proofreading, grammar, punctuation, concise, and straightforward sentence structure. 3. Final Summary Paper: One Summary Paper The Summary Paper should demonstrate an integration of academic content and critical thought. In addition to writing style and mechanics, points are allocated to specific issues and analysis as specified in the Grading Criteria. The instructor will assess whether the issues are clear, engaging, original, and focused; whether ideas and content are richly developed with details and examples; and whether the student successfully moves the paper through academic constructs and experiential documentation. The overall paper should demonstrate a clear balance of these components. 4. Attendance and Participation: Evaluated Every Class Meeting Attendance is mandatory and encompasses more than mere presence. It is demonstrated through preparation, participation, and professionalism. Criterion: Is the student engaged in classroom discussions? Does the student demonstrate an ability to handle assigned material with a degree of proficiency? (E.g., demonstrate the type of questions and issues consistent, and reflecting a familiarity with the assigned material). Participation is evaluated according to quality, not quantity, of participation. Students who miss a class will not earn any participation points, regardless of the reason for the absence. 7

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9 LOGISTICS CHART Hour Week 1 Week 2 Week 3 Week 4 Week 5 Assignments are due at the beginning of each class: Quiz #1 Discussion Question #1: Arbitration Clauses 1 Course Intro and Overview Quiz #2 Discussion Question #2: Research - U.S. Supreme Court Justices Review and Discussion Quiz #3 Discussion Question #3: Hot Coffee Review and Discussion Quiz #4 Discussion Question #4: Case Brief The U.S. Constitution (Fourth Amendment) Review and Discussion Quiz #5 Summary Paper Review and Discussion Chapter 1 Business and Its Legal Environment 2 Chapter 2 Courts and Alternative Dispute Resolution Student presentations Chapter 12 Formation of Traditional and E- Contracts Student presentations Chapter 6 Tort Law Student presentations Chapter 11 Business Organizations Student presentations Chapter 8 Intellectual Property Rights 3 Break Break Break Break Break Chapter 3 Business Ethics Chapter 13 Contract Performance, Breach, and Remedies Chapter 7 - Criminal Law and Cyber Crime Chapter 19 Antitrust Law and Promoting Competition Chapter 10 International Law in a Global Economy 4 Chapter 4 Business and the Constitution Chapter 14 Sales, Leases, and Product Liability Introduce Summary Paper Assignment Due Week 5 Chapter 9 Internet Law, Social Media, and Privacy Chapter 20 Investor Protection and Corporate Governance Discussion re Summary Paper Chapter 14 Creditor's Rights and Bankruptcy 9

10 STUDENT ASSIGNMENTS Additional assignments may be given, depending upon the instructor s preference and the progress of the class. IMPORTANT NOTE: TWO ASSIGNMENTS ARE DUE THE FIRST DAY OF CLASS You must download the first assignments from the Vanguard website: Go to Curriculum Available for Download: ( scroll down to BUOM 316 Business Law Assignment Due Week 1 (the first quiz and first discussion question are contained in this document). WEEK ONE 1. Read Text: Chapters 1, 2, 3, and 4 2. Quiz #1 3. Discussion Question #1: Alternative Dispute Resolution WEEK TWO 1. Read Text: Chapters 12, 13, and Quiz #2 3. Discussion Question #2: Research Paper United States Supreme Court Justices WEEK THREE 1. Read Text: Chapters 6, 7, and 9 2. Quiz #3 3. Discussion Question #3 Hot Coffee WEEK FOUR 1. Read Text: Chapters 11, 19, and Quiz #4 3. Discussion Question #4: Case Brief Fourth Amendment Issue WEEK FIVE 1. Read Text: Chapters 8, 10 and Quiz #5 3. Summary Paper 10

11 COURSE SCHEDULE AND READING ASSIGNMENTS Additional assignments may be given, depending upon the instructor's preference and the progress of the class: WEEK ONE THE FOUNDATIONS IMPORTANT NOTE: TWO ASSIGNMENTS ARE DUE THE FIRST DAY OF CLASS You must download the first assignments from the Vanguard website: Go to Curriculum Available for Download: ( scroll down to BUOM 316 Business Law Assignment Due Week 1 (the first quiz and first discussion question are contained in this document). READ TEXT: Chapter 1 Business and Its Legal Environment: Law consists of enforceable rules governing relationships among individuals and between individuals and their society. The tension in the law between the need for stability and the need for change is one of the concepts introduced in this chapter. Chapter 2 Courts and Alternative Dispute Resolution: One goal of this course is to give students an understanding about which courts have power to hear what disputes and when. You will discover that the federal courts are not necessarily superior to the state courts. The federal court system is simply an independent system authorized by the Constitution to handle matters of particular federal interest. We will discuss the nuts and bolts of the judicial process and alternatives to litigation. Most business disputes are not taken to court but to alternative dispute resolution that can be as binding to the parties as a court's decree. Chapter 3 Business Ethics: Ethics is the study of what constitutes right or wrong behavior the fairness, justness, rightness, or wrongness of an action. Business ethics focuses on what constitutes ethical behavior in the world of business. An understanding of business ethics is important to the long-run viability of a business firm and to the wellbeing of the firm's officers, managers, and employees. Chapter 4 Business and the Constitution: Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. We will discuss the constitutional limits on government actions, especially with respect to business matters. ASSIGNMENTS TO BE TURNED IN AT THE BEGINNING OF CLASS Quiz # 1 (must download from SPS Curriculum website: scroll down to BUOM 316 Business Law Quiz 1) Discussion Question #1: In many aspects of business, a manager can choose to include an arbitration or mediation clause to govern disputes (such as with customers and employees) or can leave that out and use litigation. Explain alternative dispute resolution and discuss the pros and cons of such alternatives in regular business practice. See Grading Criteria posted on SPS Curriculum website (included with Quiz 1 document). 11

12 READ TEXT: WEEK TWO THE COMMERCIAL ENVIRONMENT Chapter 12 - Formation of Traditional and E-Contracts: Business relationships are based on contracts. Contract law reflects the promises or commitments our society believes should be legally binding. Chapter 13 - Contract Performance, Breach, and Remedies: Contract law also defines what excuses our society will accept for the breaking of promises and what kinds of promises will be contrary to public policy and therefore legally void. We will learn the consequences to breach of contract and the available remedies. Chapter 14 Sales, Leases, and Product Liability: When we turn to contracts for the sale and lease of goods, we move away from common law principals and into the area of statutory law. The Uniform Commercial Code dominates the law of sales in the United States and we will learn how these rules can differ from traditional contract law. This unit segues into the area of product liability an important legal doctrine designed to protect consumers. ASSIGNMENTS TO BE TURNED IN AT THE BEGINNING OF CLASS Quiz #2 Research Paper United States Supreme Court Justices READ TEXT: WEEK THREE THE PUBLIC ENVIRONMENT Chapter 6 Tort Law: This chapter provides an overview of tort law, covering many of the intentional torts, as well as negligence and strict liability. Part of doing business is the risk of being involved in a lawsuit. An ever-increasing business operating cost is the premium to obtain liability insurance to pay an adverse judgment in a suit. Many of these suits involve torts. In fact, in the United States today, negligence is the dominant cause of action for accidental injuries. Chapter 7 - Criminal Law and Cyber Crime: Sanctions used to maintain a peaceful and ordered society, include damages for tortious conduct and breaches of contract. Courts may restrain certain unlawful conduct or require that things done unlawfully or having certain unlawful effects be undone by tailoring other relief to fit the circumstances. The sanctions are different from those in civil law, and criminal law prerequisites of fault or guilt are completely different. Chapter 9 Internet Law, Social Media, and Privacy: Businesses are using social media for many reasons: Marketing, connecting with customers, and giving employees a way to be more creative and more satisfied. However, broadcasting thoughts, images, location, and more have led to an explosion of privacy issues. This unit covers a variety of laws designed to protect the unwary. ASSIGNMENTS TO BE TURNED IN AT THE BEGINNING OF CLASS Quiz # 3 Discussion Question Hot Coffee 12

13 READ TEXT: WEEK FOUR THE REGULATORY ENVIRONMENT Chapter 11 Business Organizations: This chapter examines the basic features of the three major business forms sole proprietorships, partnerships, and corporations including some of the important advantages and disadvantages of each form. We will also cover briefly limited liability companies (LLCs), limited liability partnerships (LLPs), private franchises; and the roles, rights, and duties of corporate directors, officers, and shareholders. Chapter 19 Antitrust Law and Promoting Competition: Federal antitrust law is over a century old. First established to burst the big trusts that dominated some areas of industry, antitrust law has evolved under Supreme Court direction to limit price fixing, market sharing, boycotts, and other business practices believed harmful to competition and consumers. Chapter 20 Investor Protection and Corporate Governance: After the stock market crash of 1929, Congress enacted the Securities Act of 1933, the Securities Exchange Act of 1934, and other legislation to require that investors be provided with more information to help them make buying and selling decisions and to prohibit deceptive, unfair, and manipulative practices. Since the 1930s, the sale and transfer of securities have come to be heavily regulated by federal and state statutes and by government agencies. This chapter looks at these securities regulations, including their application online. ASSIGNMENTS TO BE TURNED IN AT THE BEGINNING OF CLASS Quiz # 4 Case Brief Fourth Amendment Issue WEEK FIVE THE PUBLIC AND COMMERCIAL ENVIRONMENTS REVISITED READ TEXT: Chapter 8 - Intellectual Property Rights: Increasingly, the major contribution of business comes in the form of intellectual property trademarks, copyrights, patents, and trade secrets created by mental activity. These assets are subject to common-law rules strengthened by federal statutes. Chapter 10 International Law in a Global Economy: International law is a field that regulates the behavior of states, international organizations, and firms operating in the international arena. Chapter 15 Creditor's Rights and Bankruptcy: Financial ruin comes to many in the marketplace. The framers of the Constitution thought it such an important issue that they specifically made bankruptcy a matter of federal law. This chapter concerns various rights and remedies available through statutory and common law to assist debtors and creditors in resolving disputes without a debtor having to resort to bankruptcy. ASSIGNMENTS TO BE TURNED IN AT THE BEGINNING OF CLASS Quiz # 5 Summary Paper COURSE EVALUATIONS 13

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