Business Law Text and Cases, 12 Study Guide and Test ... · PDF fileSuggested: Study Guide and...

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GENERAL INFORMATION AND SYLLABUS BUSINESS LAW - BLW 335-500 Fall 2011 Instructor: Dr. J. Keith Stanley Nelson Rusche College of Business/McGee Building 229V Tel: (936) 468-3103 (Department of General Business) (936) 468-1727 (Office) Email: [email protected] (Best to email through Blackboard Course Use SFASU email account above if necessary) Online Office Hours: Sunday: 6:00 p.m.-7:00 p.m. (Online) Monday: 7:00 p.m.-8:00 p.m. (Online) Wednesday: 7:00 p.m.-8:00 p.m. (Online) Other than above: By Appointment Required Text : Business Law Text and Cases, 12 th ed., Clarkson, Miller, & Cross, (South- Western Cengage Learning 2012); Also Required : Access Code to CengageNOW e-pack online supplement accompanying Business Law Text and Cases, 12 th ed.; Suggested : Study Guide and Test Preparation to Accompany Business Law Text and Cases 12e, Miller & Hollowell, (South-Western Cengage Learning 2012). Course Description : An examination of various legal relationships, which are significant in business, including contracts, torts, personal property, business organizations, agency, suretyship, bailments, cyberlaw/e-commerce, international law and comparative law, and related subjects. Course Goals and Objectives : Upon completion of the course, the student should be able to: 1. Recognize the legal terms introduced in the course and apply or relate these terms to specific situations. 2. Analyze information to recognize legal issues and legal problems in fact situations and to determine what legal principle(s) should be applied. 3. Integrate knowledge of the legal principles that are covered to solve problems that are unfamiliar. 4. Apply problem-solving skills to legal issues, using logic and critical thinking. 5. Appreciate and identify ethical dilemmas in the business/legal context and use ethical reasoning in decision-making. 6. Describe the impact of constant change and lack of certainty, which are inherent aspects of the U.S. legal system. 7. Develop an awareness of the need for a continuing acquisition of new knowledge about changes in the law. Course Outline : This is a general outline of material expected to be covered. Material covered, dates of tests, and percent of total points may vary slightly as necessitated by the pace in which material is covered. Any changes will be made in writing and announced and delivered to students during class. Refer to the Class Schedule for detailed descriptions and dates.

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Page 1: Business Law Text and Cases, 12 Study Guide and Test ... · PDF fileSuggested: Study Guide and Test Preparation to Accompany Business Law Text and Cases 12e, Miller & Hollowell, ...

GENERAL INFORMATION AND SYLLABUS BUSINESS LAW - BLW 335-500 Fall 2011 Instructor: Dr. J. Keith Stanley Nelson Rusche College of Business/McGee Building 229V Tel: (936) 468-3103 (Department of General Business) (936) 468-1727 (Office) Email: [email protected] (Best to email through Blackboard Course – Use SFASU email account above if necessary) Online Office Hours: Sunday: 6:00 p.m.-7:00 p.m. (Online) Monday: 7:00 p.m.-8:00 p.m. (Online) Wednesday: 7:00 p.m.-8:00 p.m. (Online) Other than above: By Appointment

Required Text: Business Law Text and Cases, 12th ed., Clarkson, Miller, & Cross, (South-Western Cengage Learning 2012); Also Required: Access Code to CengageNOW e-pack online supplement accompanying Business Law Text and Cases, 12th ed.; Suggested: Study Guide and Test Preparation to Accompany Business Law Text and Cases 12e, Miller & Hollowell, (South-Western Cengage Learning 2012). Course Description: An examination of various legal relationships, which are significant in business, including contracts, torts, personal property, business organizations, agency, suretyship, bailments, cyberlaw/e-commerce, international law and comparative law, and related subjects. Course Goals and Objectives: Upon completion of the course, the student should be able to: 1. Recognize the legal terms introduced in the course and apply or relate these terms to

specific situations. 2. Analyze information to recognize legal issues and legal problems in fact situations and to

determine what legal principle(s) should be applied. 3. Integrate knowledge of the legal principles that are covered to solve problems that are

unfamiliar. 4. Apply problem-solving skills to legal issues, using logic and critical thinking. 5. Appreciate and identify ethical dilemmas in the business/legal context and use ethical

reasoning in decision-making. 6. Describe the impact of constant change and lack of certainty, which are inherent aspects

of the U.S. legal system. 7. Develop an awareness of the need for a continuing acquisition of new knowledge about

changes in the law. Course Outline: This is a general outline of material expected to be covered. Material covered, dates of tests, and percent of total points may vary slightly as necessitated by the pace in which material is covered. Any changes will be made in writing and announced and delivered to students during class. Refer to the Class Schedule for detailed descriptions and dates.

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I. Module 1: Chapters 5-9 and Exam 100 Points II. Module 2: Chapters 10-15 and Exam 100 Points III. Module 3: Chapters 16-19 and Exam 100 Points IV. Module 4: Chapters 20, 22, 24, 28, 29 and Exam 100 Points V. Module 5: Chapters 32, 33, 36-38 and Exam 100 Points VI. Module 6: Chapters 39-42 100 Points VII. Module 7: Chapters 49, 50, 23 and Exam 100 Points VIII. Module Review Questions Assignments (7) 105 Points IX. Chapter-End Case Problems (5) 50 Points XI. Group Discussion Board/Chat Participation 20 Points XII. Individual CengageNOW Study Tool Exercise 10 Points Total Points 885 Points Note: All Chapters will not be covered in the entirety. Chapters to be covered in part will be identified on the Required Reading/Assignments page of each module.

Exams: (700 Total Points) There will be seven (7) examinations during the semester, which includes the final exam. The final exam is not comprehensive. Each exam will be worth 100 points and will consist of 70 to 90 true-false and multiple choice questions. Each student is responsible on every exam for all required reading material covered in each module. All exams are taken through the CengageNOW course and must be completed according to the Class Schedule – Timeline. There are no makeup exams. Module/Chapters Review Questions Assignments: (105 Total Points) The CengageNOW course has review questions homework assignments for each chapter. Each of the seven modules contains an assignment of review questions for the chapters in the module. Each student must complete each assignment by achieving a 90% or better score on the assignment (may require more than one take/retake). Upon completion with a 90% or better score, the student receives fifteen (15) points for the assignment. In the event of less than a 90% score, the student receives the percent of the 15 points actually achieved (i.e., 51% score on the assignment = 51% X 15pts.= 7.7pts. for the assignment). Chapter-End Case Problems: (50 Total Points) There are case problems with questions AT THE END OF EACH CHAPTER in the text. These are Chapter End Case Problems. There are also Alternative Case Problems for chapters that are available to me with the textbook. I have assigned five (5) case problems from select chapters. Each one is worth 10 points. The case problems are listed in the respective modules in the Course Schedule/Timeline, in the Assignments and Assessment pages of the modules, and in the Assignments Course Tool in the Blackboard/WebCT course. Chapter End Case Problem 6-8, for example, refers to the case problem number 8 at the end of Chapter 6. An Alternative Chapter Case Problem will be copied for you in the course assignments and will be designated Alternate Case Problem 6-8. The 6 is for the corresponding chapter and the 8 is simply for identification and is the reference number in my manual. Each case problem must be completed by the due date and time on the Class Schedule – Timeline. Each student is to write brief but complete responses to the assigned case problems using the IRAC method of legal analysis discussed in the Appendix A-3 (Legal Analysis and Reasoning) of the text and deliver them to the instructor in the Assignment Course Tool of the Blackboard/WebCT course. Students may collaborate on the analysis in the group discussion board or chat, but your written responses must be individual work. I dock points considerably for copying work, even if the analysis is very good. Points for case problems assignments will be determined by (1) the totality of the work (i.e., that all case problems and questions are included and have a response) and (2) the substance of the responses (i.e.,

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evidence of thoughtfulness, analysis, and text material support for the response). Conciseness, neatness, organization, spelling and grammar are important considerations in the point assessment. [Hint: best method is to put “Issue:” at left and type the issue, then go down and put “Rule:” at the left and type the applicable law, then go down and put “’Application:” at the left and type your analysis of the law and facts of the case problem, then go down and put “Conclusion:” at the left and type your answer to the issue based on your application analysis. The Application portion should be the longest part of the analysis, because you should be including recitations of facts and rules as you apply the rules of law to the facts. All of this needs to be spelled out, so I can clearly see your reasoning. A one line statement is not analysis and will not get the points, even if it is correct. An incorrect conclusion still garners good points if the analysis is good. Legal analysis involves two-sided advocacy. All litigated cases involve opposing analyses and arguments based on the facts.] Group Discussion Board/Chat Participation: (20 Total Points) It is an important part of the learning process in legal studies for colleagues to share questions, knowledge, and insight with colleagues. Most law students find or are placed into study groups in law school. Students will select or be assigned to a study group (no more than 5 to a group). Each group will have a private Discussion Board and a private Chat Room in our SFA Blackboard course. Groups may feel free to collaborate on chapter problems or may share questions and insights generally. In addition, I will have one open Discussion Board for questions and insights, which anyone in the class may use, and which I will check from time to time and use to respond to posted questions or concerns, or to relate something of broad interest from an email (I do not use names). The private boards and chats and the open board reflect participants, and I will use that information for assessing points in this category. This is a type of class participation, and participation means more than mere presence. Assessment will be based on relevant questions/content on discussion boards or active chat contribution. DO NOT USE THE OPEN DISCUSSION BOARD OR CHAT ROOM TO COLLABORATE ON CASE PROBLEMS. Individual CengageNOW Study Tool Exercise: (10 Total Points) After you read Chapter 6 on Intentional Torts in the first Content Module, go into CengageNOW and find the Study Tool for Chapter 6. It is a pre-test/study plan/post-test exercise. The purpose here is for you to see what it is in case you find it useful for your study. Online Course Evaluation: (2 Total Points) Students receive 2 bonus points for completing the Online Course Evaluation through mySFA at the end of the semester. This is optional, but I do encourage and appreciate your feedback. I do review the results and read every comment. Your feedback is helpful as I continue to try to make the study and the mechanics beneficial to SFASU students. Other Relevant Information: 1. Grading- Grades will be determined on the following scale, based on percentage ratio of student’s total accumulated points to the total possible (885) points for the course. Decimals are rounded up to the nearest whole number for determining the final grade (e.g., .794 or 79.4%=80% and would be a B letter grade; .788 or 78.8%=79% and would be a C letter grade).

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Scale: 89.1-100%=A Example: 84 points Exam No. 1 79.1-89%= B 72 points Exam No. 2 69.1-79%= C 74 points Exam No. 3 59.1-69%= D 68 points Exam No. 4 Below 59.1%=F 75 points Exam No. 5 88 points Exam No. 6 91 points Exam No. 7 44 points Chapter Case Problems 89 points Module Review Assns 18 points Online Participation 10 points Study Tool 2 points Course Evaluation 715 Total Accumulated Points 715/885=.808 or 80.8%=B Letter Grade 2. Professional Conduct- Netiquette, courtesy and civility to colleagues and the instructor are expected. I have zero tolerance for rude, crude, lewd, or harassing behavior. Debate and disagree passionately, but do it with class. I reserve the right to adjust grades and/or remove students from the course for violation of this policy.

3. Student Support-Should you have technical questions regarding course requirements, please visit the Online Orientation at http://oit.sfasu.edu/orientation/index/index.html. If you still need help, do not hesitate to contact me. 4. Program Learning Outcomes: Program learning outcomes define the knowledge, skills, and abilities students are expected to demonstrate upon completion of an academic program. These learning outcomes are regularly assessed to determine student learning and to evaluate overall program effectiveness. You may access the program learning outcomes for your major and particular courses at http://cobweb.sfasu.edu/plo.html. 5. General Student Policies: The following policies apply to all students enrolled in courses at Stephen F. Austin State University. You may also access these policies at http://cobweb.sfasu.edu/gsp.html. Academic Integrity (A-9.1) Academic integrity is a responsibility of all university faculty and students. Faculty members promote academic integrity in multiple ways including instruction on the components of academic honesty, as well as abiding by university policy on penalties for cheating and plagiarism. Definition of Academic Dishonesty Academic dishonesty includes both cheating and plagiarism. Cheating includes but is not limited to (1) using or attempting to use unauthorized materials to aid in achieving a better grade on a component of a class; (2) the falsification or invention of any information, including citations, on an assigned exercise; and/or (3) helping or attempting to help another in an act of cheating or plagiarism. Plagiarism is presenting the words or ideas of another person as if they were your own. Examples of plagiarism are (1) submitting an assignment as if it were one's own work when, in fact, it is at least partly the work of another; (2) submitting a work that has been purchased or otherwise obtained from an Internet source or another source; and (3) incorporating the words or ideas of an author into one's paper without giving the author due credit. Please read the complete policy at http://www.sfasu.edu/policies/academic_integrity.asp.

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Withheld Grades Semester Grades Policy (A-54) Ordinarily, at the discretion of the instructor of record and with the approval of the academic chair/director, a grade of WH will be assigned only if the student cannot complete the course work because of unavoidable circumstances. Students must complete the work within one calendar year from the end of the semester in which they receive a WH, or the grade automatically becomes an F. If students register for the same course in future terms the WH will automatically become an F and will be counted as a repeated course for the purpose of computing the grade point average. Students with Disabilities To obtain disability related accommodations, alternate formats and/or auxiliary aids, students with disabilities must contact the Office of Disability Services (ODS), Human Services Building, and Room 325, 468-3004 / 468-1004 (TDD) as early as possible in the semester. Once verified, ODS will notify the course instructor and outline the accommodation and/or auxiliary aids to be provided. Failure to request services in a timely manner may delay your accommodations. For additional information, go to http://www.sfasu.edu/disabilityservices/.

SOME IMPORTANT DATES (Refer to Class Schedule for Other Important Dates)

Monday, August 29, 2011 – First Day of Fall Classes Wednesday, October 26, 2011 – Last Day to Drop Class Friday, December 9, 2011 – Last Day of Fall Classes Wednesday, December 14, 2011 – Final Exam Due in Module 7 Saturday, December 17, 2011 – SFASU Fall Commencement [9:30 a.m.]

Man In the Arena

“It is not the critic who counts, not the man who points out where the strong stumbled, or how the doer could have done better. The credit belongs to the man who is in the arena, his face marred by dust and sweat and blood, who strives valiantly, who errs and falls short again and again: there is no effort without error. But he who tries, who knows the great enthusiasms, the great devotions, who spends himself in a worthy cause, at best knows the triumph of achievement, and at worst, fails while daring. His place shall never be with those cold and timid souls who know neither victory nor defeat.”

--Theodore Roosevelt

STEPHEN F. AUSTIN STATE UNIVERSITY TRADITION – SCHOLARSHIP – INDEPENDENT THINKING

‘JUST THE RIGHT SIZE’

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BLW 335 500 Class Schedule – Timeline

DATES TOPICS ASSIGNMENTS

Aug 29- Sept 12

Getting Started &

Module 1

Chapters 1-4 - Legal Environment Chapters (Review Only);

Chapter 5 Ethics and Business Decision Making;

Chapters 6-9 - Tort Law (Intentional Torts & Privacy, Negligence & Strict Liability); Intellectual Property; Criminal Law

Read Getting Started Review Chapters 1-4 Read Chapters 5-9 Read Chapter-End Case

Problem 7-6 and Sample Answer (READ ONLY)

Complete Chapter-End Case Problem 6-3 Assignment (TO TURN IN)

Complete Pre-Test/Study Plan/Post-Test Study Tool for Chapter 6 in the CengageNOW course

Complete Module 1 Review Questions Assignment in the Cengage Now Course

Complete Exam No. 1 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – SEPTEMBER 12

Sept 13- Sept 29

Module 2

Contracts & E-Contracts - Elements – Agreement; Consideration; Capacity; Legality; Mistakes, Fraud, & Voluntary Consent; Statute of Frauds – Writing Requirement

Read Chapters 10-15 Complete Chapter-End Case

Problem 14-7 Assignment Complete Module 2 Review

Questions Assignment in the CengageNOW course

Complete Exam No. 2 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – SEPTEMBER 29

Sept 30- Oct 14

Module 3

Contracts & E-Contracts - Third Party Rights; Performance & Discharge; Breach of Contract and Remedies; UCC Formation of Sales and Lease Contracts

Read Chapters 16-19 Complete Chapter-End Case

Problem 17-1 Assignment Complete Module 3 Review

Questions Assignment in the CengageNOW course

Complete Exam No. 3 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – OCTOBER 14

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Oct 15- Nov 1

Module 4

UCC Chapters on Title, Risk and Insurable Interest, Warranties, Negotiable Instruments, & Secured Transactions;

Products Liability;

Creditors Rights and Remedies – Suretyship and Guaranty

Read Chapters 20,22,24,28, 29

Complete Chapter-End Case Problem 20-1 Assignment

Complete Module 4 Review Questions Assignment in the CengageNOW course

Complete Exam No. 4 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – NOVEMBER 1

Nov 2- Nov 17

Module 5

Agency Formation and Liability;

Business Organizations - Sole Proprietor, Partnership, Limited Partnership, Limited Liability Partnership, Limited Liability Company; and Special Forms – Franchise & Joint Venture

Read Chapters 32,33,36-38 Complete the Chapter-End

Case Problem 33-6 Assignment

Complete Module 5 Review Questions Assignment in the CengageNOW course

Complete Exam No. 5 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – NOVEMBER 17

Nov 18- Dec 2

Module 6

Business Organizations - Corporations Formation and Financing; Directors, Officers and Shareholders; Mergers, Consolidation, and Termination; Securities Law and Corporate Governance

Read Chapters 39-42 Complete Module 6 Review

Questions Assignment in the CengageNOW course

Complete Exam No. 6 in the CengageNOW course

COMPLETION DATE FOR THIS MODULE – DECEMBER 2

Dec 3- Dec 14

Module 7

Personal Property and Bailments; Real Property; International Business Law

Read Chapters 49,50,23 Complete Module 7 Review

Questions Assignment in the CengageNOW course

Complete Exam No. 7 in the CengageNOW course

Complete the online course evaluation through MySFA

COMPLETION DATE FOR THIS MODULE – DECEMBER 14