Middlesex Community College

Business Administration

Spring 2008 – CRN# 1063/ Course# BBG231 – Business Law I – 3 Credits

 

 

Instructor:                Attorney Dawn M. Bradanini

E-mail:                       via VISTA     

Office Hours:           Not applicable because this is an on-line course

Course Loc/Time:   Distance Learning is 24/7.  Since this is a distance-learning course, you are expected to log on regularly at your convenience to complete assignments, quizzes, etc.

 

Course Description:  An introductory study of the legal system of the United States and its relationship to the business manager.  Topics include contracts, sales (general background in torts and product liability under Article 2 of the UCC) business organizations and administrative agencies.

 

Course Objectives:  The course is designed to provide the student with the following skills:  the ability to define law; knowledge of the structure of the federal/state court system; ability to explain how ethics and social forces affect the law; an understanding of the three branches of government and the respective powers of each; a basic understanding of the fundamental legal concepts that apply to business transactions; ability to identify the various classifications of contracts; ability to recognize legal problems in business and determine when to seek counsel; understanding of sales contacts and knowledge of principal and agent law.

 

Course Resources:  West’s Business Law, Text Cases, Legal, Ethical, International and E-Commerce Environment (10th Edition) by Clarkson, Miller, Jentz & Cross.  The course is taught from WebCT/Vista only.

 

Course Requirements/Grading:  Your final grade will be comprised of weekly assignments, quizzes, discussion postings and overall participation.

 

Grading:

 

Bulletin Board:          60%

Quizzes:                  20%

Article Assignment:    10%

Overall Participation:   10%

A        94-100          C+      77-79            D-       60-62

A-       90-93            C        73-76            F        59/less

B+      87-89            C-       70-72

B        83-86            D+     67-69

B-       80-82            D        63-66

 

 

Bulletin Board:        In order to receive full credit for the discussion board, you must log on regularly and respond to the current question as well as interact with your classmates.  You MUST respond according to the Announcement Instructions.  Generally, it is at least two other postings for each question in order to receive full credit.  You will be graded on how completely you answer the assigned question and by the quality of your responses to other postings.  Remember the bulletin board consists of 60% of your final grade.  NO CREDIT WILL BE GIVEN FOR LATE POSTINGS!  PAY VERY CLOSE ATTENTION TO DUE DATES.

 

Quizzes:      Please see the course outline for the release dates regarding the quizzes.  If the Bulletin Board Postings are lacking in overall substance and/or participation, an unannounced quiz will be given at anytime.  The quizzes are generally multiple choice and worth 20% of your final grade

 

Missed Assignments/Exams Policy:       You are generally given a period of time to complete the assignments/discussion board, etc.  I will NOT accept any late work. Therefore, you should pay special attention to release/due dates!

 

Article Assignment:                        Each student will be given the opportunity to choose an article relating to a topic of discussion. You must then prepare a two-page paper.  The article assignment will be worth 10% of your final grade.  Details of the assignment will be discussed in depth during the first week of class.  You may also view the assignment on the homepage.  See attached course outline for due dates.  No LATE papers will be accepted – No Exceptions – even for good cause.

 

Overall Participation:        Overall participation will be derived from an assessment as to involvement in the course material.  I have the ability to track each student’s participation.  Students will also have other means of demonstrating involvement in the course objective, including:

 

Attendance Policy:  You are required to log on regularly and perform tasks and assignments according to the syllabus.  I will NOT accept late assignments, quizzes, bulletin board postings, etc. Failure to complete work accordingly may result in a lower grade.

College Policies:

 

Withdrawal:  If for any reason a student is unable to complete the course, he/she must follow the college policy and officially withdraw from the course.  Appropriate forms are available at the Records Office.  A (W) will be issued for all official withdrawals.  If a student does not withdraw, he/she will be awarded the letter grade earned.  Once a grade is officially recorded with the Registrar, the grade will NOT be changed at a later time.  There will be NO exceptions to this policy.

 

Incomplete:  An incomplete is a temporary grade assigned when course work is missing and the student agrees to complete the course requirements.  An (I) will be given only for work unfinished because of illness, accident or other unavoidable absence and when the instructor determines that the student has a reasonable chance of successfully completing the required work.

 

ADA Accommodation Statement:  “Students with physical or learning disabilities who may require accommodations are encouraged to contact the Counseling Office.  After disclosing the nature of the disability, students are urged to discuss their needs with individual instructors.  This should be done at the beginning of each semester.  Instructors, in conjunction with appropriate college officials, will provide assistance and/or accommodation only to those students who have completed this process.”

 

Academic Ethics/Classroom Behavior Statement:  “At Middlesex Community College, we expect the highest standards of academic honesty.  Academic dishonest is prohibited in accordance with the Board of Trustees’ Proscribed Conduct Policy in Section 5.2.1 of the Board of Trustees’ Policy Manual.  This policy prohibits cheating on an examination, unauthorized collaboration on assignments, unauthorized access to examinations or course materials, plagiarism and other proscribed activities.  Plagiarism is defined as the use of another’s idea(s) or phrase(s) and representing that/those idea(s) as your own, either intentionally or unintentionally.”  (Board of Trustees’ Policy 5.2.1)  Both plagiarism and cheating are grounds for a student’s immediate dismissal from the college.

 BUSINESS LAW I – ON-LINE – FALL 2007

COURSE OUTLINE

 

 

NOTE:                        THE COURSE OUTLINE HAS A HUGE AMOUNT OF INFORMATION.  MANY TIMES WE COVER A LARGE AMOUNT OF MATERIAL IN A SHORT PERIOD OF TIME.  I HAVE PUT THE PAGE NUMBERS ASSOCIATED WITH EACH CHAPTER HOWEVER YOU ARE NOT REQUIRED TO READ THOSE PAGES IN ENTIRETY.  YOU WILL SEE I HAVE PLACED IMPORTANT CONCEPTS UNDER EACH CHAPTER.  YOU SHOULD FOCUS ONLY ON THOSE CONCEPTS UNLESS YOU CHOOSE OTHERWISE.

 

SESSION ONE:  January 22 – January 28

 

Unit One:       The Legal Environment of Business

 

Introduction to Law and Legal Reasoning

                   ASSIGNMENT:  Ch 1 p. 2-29

IMPORTANT CONCEPTS:     Sources of Law, Equitable Maxims, Stare Decisis, Classifications of Law.

 

Courts and Alternative Dispute Resolution

                   ASSIGNMENT:  Ch 2 p. 30-51

IMPORTANT CONCEPTS:     Judicial Review, Jurisdiction, Federal Jurisdiction, Venue, Standing to Sue, State and Federal Court Structure, Negotiation, Arbitration, Mediation.

 

SESSION TWO:  January 29 – February 3

 

Court Procedures

                   ASSIGNMENT:  Ch 3 p. 52-76

IMPORTANT CONCEPTS:     Procedural Rules, Attorney Fees, Pleadings, Complaint, Answer, Discovery, Depositions, Interrogatories, Jury Trial, Voir Dire.

 

Constitutional Authority to Regulate Business

ASSIGNMENT:  Ch 4 p. 77-96

IMPORTANT CONCEPTS:     Commerce Clause, Supremacy Clause, Bill of Rights, Freedom of Speech, Freedom of Religion, Due Process, Equal Protection.

 

Ethics and Business Decision Making

ASSIGNMENT:  Ch 5 p. 97-114

IMPORTANT CONCEPTS:     Ethical Tone, Corporate Compliance, Duty-Based Ethics, Utilitarianism.

 

 

QUIZ NUMBER ONE:   2/8 to 2/9 on Session One/Two**********

 

SESSION THREE:  February 4 – February 10

 

Unit Two:      Torts and Crimes

 

Intentional Torts

ASSIGNMENT:  Ch 6 p. 120-139

IMPORTANT CONCEPTS:     Classifications of Torts, Intentional v. Unintentional, Assault/Battery, False Imprisonment, Emotional Distress, Defamation, Trespass to Land, Trespass to Personal Property, Conversion, Slander.

 

Negligence and Strict Liability

ASSIGNMENT:  Ch 7 p. 140-152

IMPORTANT CONCEPTS:     Negligence, Duty of Care, Reasonable Person Standard, Breach, Cause, Causation in Fact/Proximate Cause, Harm, Defenses, Assumption of Risk, Contributory v. Comparative Negligence, Strict Liability.

 

SESSION FOUR:  February 11 – February 17

 

Criminal Law and Cyber Crimes

ASSIGNMENT:  Ch 9 p. 178-208

IMPORTANT CONCEPTS:     Civil v. Criminal Law, Burden of Proof, Beyond a Reasonable Doubt, Felony v. Misdemeanor, Actus Reus v. Mens Rea, Burglary, Larceny, Receiving Stolen Goods, Defenses, Intoxication, Insanity, Mistake and Consent, Criminal Process, Miranda Rule, Arrest.

 

QUIZ NUMBER TWO:   2/22 to 2/23 on Session Three/Four********

 

SESSION FIVE:  February 18 – February 24

 

Unit Three:   Contracts and E-Contracts

 

Nature and Terminology

ASSIGNMENT:  Ch 10 p. 210-224

IMPORTANT CONCEPTS:     Sources of Contract Law, Function of Contract Law, Requirements of a Valid Contract, Bilateral v. Unilateral, Formal v. Informal, Express v. Implied, Executed v. Executory, Valid v. Avoidable v. Void v. Unenforceable.

Agreement

ASSIGNMENT:  Ch 11 p. 225-242

IMPORTANT CONCEPTS:     Offer, Intention, Advertisements, Definiteness of Terms, Communication, Termination of the Offer, Mailbox Rule.


 

Consideration

ASSIGNMENT:  Ch 12 p. 243-257

IMPORTANT CONCEPTS:     Legal Value, Bargained for Exchange, Preexisting Duty, Past Consideration.

 

SESSION SIX:  February 25 – March 2

 

Capacity and Legality

ASSIGNMENT:  Ch 13 p. 258-276

IMPORTANT CONCEPTS:     Minors, Disaffirmance, Ratification, Mental Incompetence, Legality, Covenants Not to Compete.

 

Genuineness of Assent

ASSIGNMENT:  Ch 14 p. 277-292

IMPORTANT CONCEPTS:     Mistake of Fact, Mistake of Value, Fraudulent Misrepresentation, Undue Influence, Duress.

 

The Statute of Frauds

ASSIGNMENT:  Ch 15 p. 293-308

IMPORTANT CONCEPTS:     Within Statute of Frauds, Land, One Year Rule, Marriage, Sale of Goods, Sufficient Writing, Parole Evidence Rule.

 

Third Party Rights

ASSIGNMENT:  Ch 16 p. 309-323

IMPORTANT CONCEPTS:     Assignments/Terminology, Delegations/Terminology.

 

SESSION SEVEN:  March 3 – March 9

 

Performance and Discharge

ASSIGNMENT:  Ch 17 p. 324-340

IMPORTANT CONCEPTS:     Discharge by Performance, Complete/Substantial Performance, Material Breach of Contract.

 

Breach of Contract and Remedies

ASSIGNMENT:  Ch 18 p. 341-357

IMPORTANT CONCEPTS:     Types of Damages – Compensatory, Consequential, Punitive, Nominal.  Mitigation of Damages, Specific Performance.

 

E-Contracts

ASSIGNMENT:  Ch 19 p. 358-378

IMPORTANT CONCEPTS:     Skim topics that interest you.

 

QUIZ NUMBER THREE:          3/14 to 3/15 on Session Five/Six/Seven**

 

SESSION EIGHT:  March 10 – March 16

 

Unit Four:      Domestic and International Sales and Lease Contracts

 

Formation of Sales and Lease Contracts

ASSIGNMENT:  Ch 20 p. 380-409

IMPORTANT CONCEPTS:     UCC - Coverage, Revisions, Article 2 ONLY – NO LEASE INFO ARTICLE 2A.  Scope of Article 2, Sale, Goods, Merchant, Formation Sale Contracts, Firm Offer Rule, Acceptance/Methods, Statute of Frauds.

 

Title, Risk, and Insurable Interest

ASSIGNMENT:  Ch 21 p. 410-424

IMPORTANT CONCEPTS:     Identification of Goods, When Title Passes – Shipment/Destination Contracts, Risk of Loss.

 

SESSION NINE:  March 17 – March 23 (Holiday)

 

Performance of Sales and Lease Contracts

ASSIGNMENT:  Ch 22 p. 425-448

IMPORTANT CONCEPTS:     Good Faith Requirement, Tender, Place of Delivery, Perfect Tender Rule, Right of Inspection, Acceptance, Remedies of Seller/Remedies of Buyer.

 

Warranties and Product Liability

ASSIGNMENT:  Ch 23 p. 449-476

IMPORTANT CONCEPTS:     Types of Warranties, Title, Express, Implied – Merchantability, Fitness for Particular Purpose.

 

QUIZ NUMBER FOUR:  3/28 to 3/29 on Session Eight/Nine***

 

 

SPRING BREAK – March 24 to March 29

 

SESSION TEN:  March 31 – April 6

 

Unit Seven:   Agency and Employment

 

Agency Formation and Duties

ASSIGNMENT:  Ch 31 p. 636-650

IMPORTANT CONCEPTS:     Agency Relationship/Employer v. Employee, Employee v. Independent Contractor, Formation of Relationship, Duties of Principal/Agents.

 

Liability to Third Parties and Termination

ASSIGNMENT:  Ch 32 p. 651-669

IMPORTANT CONCEPTS:     Scope of Agent’s Authority – Express, Power of Attorney, Implied Authority.  Liability for Torts/Crimes.

SESSION ELEVEN:  April 7 – April 13

 

Employment and Labor Law

ASSIGNMENT:  Ch 33 p. 670-692

IMPORTANT CONCEPTS:     Employment at Will, National Labor Relations Act, OSHA. Workers’ Compensation, Unemployment Compensation, FMLA.

 

Employment Discrimination

ASSIGNMENT:  Ch 34 p. 693-716

IMPORTANT CONCEPTS:     Title VII, Sexual Harassment, ADA.

 

QUIZ NUMBER FIVE:   4/18 to 4/19 on Session Ten/Eleven******

 

SESSION TWELVE:  April 14 – April 20

 

Unit Eight:     Business Organizations

 

Sole Proprietorships and Franchises

ASSIGNMENT:  Ch 35 p. 718-730

IMPORTANT CONCEPTS:     Sole Proprietorships, Advantages/Disadvantages.

 

Partnerships and Limited Liability Partnerships

ASSIGNMENT:  Ch 36 p. 731-752

IMPORTANT CONCEPTS:     Basic Partnership Concepts, Uniform Partnership Act, Partnership Agreement, Operation, Rights of Partners, Duties/Liabilities of Partners, Partnership Termination, Dissolution and Winding Up.

 

SESSION THIRTEEN:  April 21 – April 27

 

Limited Liability Companies and Limited Partnerships

ASSIGNMENT:  Ch 37 p. 753-764

IMPORTANT CONCEPTS:     Evolution of LLC, Taxation, Nature of LLC, Advantages/Disadvantages of LLC.

 

Corporations – Formation and Financing

ASSIGNMENT:  Ch 38 p. 765-785

IMPORTANT CONCEPTS:     Nature of Corporation, Express/Implied Powers, Ultra Vires Doctrine, Articles of Incorporation, Piercing the Corporate Veil, Stock.

 

ARTICLE ASSIGNMENT DUE 5/3 BY MIDNIGHT

SESSION FOURTEEN:  April 28 – May 4

 

Corporations – Directors, Officers and Shareholders

ASSIGNMENT:  Ch 39 p.786-805

IMPORTANT CONCEPTS:     Roles of Directors and Shareholders, Duties of Officers, General Role of Shareholders.

 

Corporations – Merger, Consolidation and Termination

ASSIGNMENT:  Ch 40 p. 806-821

IMPORTANT CONCEPTS:     Merger v. Consolidation, Dissolution v. Liquidation.

 

SESSION FIFTEEN:  May 5 – May 11

 

Corporations – Securities and Corporate Government

ASSIGNMENT:  Ch 41 p. 822-846

IMPORTANT CONCEPTS:     Securities and Exchange Commission, Insider Trading, Corporate Governance.

 

Unit Nine:     Government Regulation

 

Administrative Law

ASSIGNMENT:  Ch 43 p. 870-887

IMPORTANT CONCEPTS:     Agency Creation, Rulemaking, Investigation Powers.

 

QUIZ NUMBER SIX:     5/12 to 5/13 OR 5/16 to 5/17

on Sessions Twelve/Thirteen/Fourteen/Fifteen

 

 

 

 

 

Specific Course Objectives for Individual Units

The specific objectives listed below reflect the behavioral outcomes, which include what the student will be able to do at the completion of the unit.  Evaluation is then to be based on the student’s accomplishment of these objectives.  Assume that each statement is prefixed with “The student will recognize and be able to describe”

Unit 1

 

The Nature of Law;

The Classification of Law;

The Judicial System;

The Federal and State Court System;

Alternative Dispute Resolution;

Court Procedures; and

Constitutional Law.

 
Unit 7

 

Agency Formation and Duties;

Duties of Agent to Principal and vice versa;

Liability to Third Parties and Termination;

Labor and Employment Law;
Employment at Will;

Worker’s Compensation;

Fair Labor Standards Act;

Employment Discrimination; and

Title VII of the Civil Rights Act.

 

Unit 2

 

Tort Law;

Strict Liability;

Product Liability;

Civil Law; and

Criminal Law.

 
 
Unit 8

 

Sole Proprietorships;

Formation and Dissolution of Partnerships;

Operation of Partnerships;

Nature and Formation of Corporations;

Classifications of Corporations;

Management of Corporations;

Changes in Corporations; and

Financial Structure of Corporations.
 
Unit 3

 

Introduction to Contracts;

Agreement;

Consideration;

Legality;

Contractual Capacity;

Genuineness of Assent;

Statute of Frauds;

Third Party Contracts;

Performance, Breach and Discharge; and

E – Contracts.
 
Unit 9

 

Administrative Law;

Agency Creation and Powers;

Administrative Process;

Limitations on Agency Power; and

Public Accountability.
Unit 4

 

Formation of Sales and Lease Contracts;

Title, Risk and Insurable Interest;

Performance of Sales/Lease Contracts;

Remedies Breach of Sales/Lease Contracts; and

Sales and Lease Warranties.