BUSINESS LAW 110 - California State University Channel Islands, Belltower 1424
RICHARD BESONE, J.D.
Fall, 2008
Business Law 110, Class 1015 , Section 03 – Tuesdays andThursdays1:30–2:45 PM
Please contact me anytime by email at
Office Hours: On Thursdays I should be in my office (SAGE BUILDING, 2016) 3:30-5:30. It is helpful to email me if you are planning on visiting me.
COURSE DESCRIPTION: Rules of law as they relate to Business Transactions. Introduction to rules and processes of the legal and regulatory environment of business, emphasizing the USA legal system. Topics include contracts, personal and real property, litigation, antitrust, labor agreements, discrimination, environmental protection and international trade and law.
REQUIRED TEXTBOOK: Miller, Business Law Today, Essentials Edition, West Publishing Company (8th Ed.) This book has a companion web site you can access through Blackboard.
You can buy the book at the bookstore.
FINAL EXAMINATION AND COURSE OBJECTIVES:
The Final Examination in this Course is Tuesday, December 9, 2008, at 1PM to 3PM. By then, you will be able to understand rules of law, and apply them to factual situations; the final examination is multiple choice, and difficult; it is open book, so that you can refer back to the book to find the rule that applies to the facts in the question. You then have to know how to apply the rule to get the right answer. Applying the right rule requires that you learn how to analyze factual situations like lawyers and business people do. But we will point out that you already do this every day when you apply rules you already know to things like driving, purchasing goods and services, and entering into employment contracts.
You will have the opportunity to go online to take Interactive Quizzes from the books web site to practice before the final exam. There is also a take home quiz in the same format as the final exam.
The factual context of these rules you apply include the various elements involving business transactions - property, real and personal, intellectual property like writings, patents, and trademarks; transactions in goods and services, licensing and contracts involving transfers of property; entrepreneurship and agency and employment; regulatory law including environmental and antitrust law. It also involves criminal law and civil wrongs. You will learn about the language of business transactions, and the context of those transactions.
Syllabus for Business Law 110 - Fall, 2008 - Page 1
Students who successfully complete the class will be able to:
$describe the major components of the US legal system
$write analysis of cases related to business organizations and their legal environments
$perform research and present oral and written analyses of different laws and regulations and of their impact on business organizations
$identify, conceptualize, and suggest solutions for businesses to address their legal environment
Some of the rules you will need to know are stated in case opinions. You will learn how to read and brief case law; you will learn to distinguish the facts from the arguments, how the facts raise arguments advanced by the lawyers, how those arguments are framed as issues by the judges, how prior precedent and rules are used to analyze the issues and the facts to come to a conclusion. You will also see how the case states a rule as precedent to be applied in other cases, and how precedent is relied upon. You will demonstrate your ability to brief a case by writing your own brief of a case.
You will learn about the logic of the syllogism, and apply what you have learned about critical thinking to factual situations with which the law deals; we will address how law and business use logic.
But you will also learn that law and business is about much more than logic. Legal and business decisions involve not just logical decision with the use of language but also the balancing of values, ethics and morals, and dealing with different cultures. How does the legal system=s effect a culture=s ethical and moral decisions?
The law is not just about rules and regulations, or bureaucratic structure, it is also about small groups like juries, democratic bodies like the Congress, and individual actions (liberty) made enforceable by Courts through contracts, property, and laws.
Syllabus for Business Law 110 - Fall, 2008 - Page 1
Our class discussions have as their objective that you can orally present and discuss what you have read in the Business Law text. Although I will lecture some, the class time is mainly to be used to practice your skills at analyzing the rules and legal issues discussed in the text. In class I will ask questions that can be analyzed through the rules that you have read in the text. Law is about language and a close reading of language is helpful.
As the movie Chicago satirically points out, lawyers tell a story to a jury. Politicians, lawyers, and business people tell stories as part of their argument. How is story related to what business people and lawyers do? How do rules shape that story? We examine that issue by watching some law related movies and discussing them - 12 Angry Men about jury deliberations and Wall Street about AGreed is good.@ We will discuss the law, the characters, the facts or plot, ethics, and their relationship.
You will also conduct research for business and legal issues at the Business Law site at the CSUCI library, This web site provides access to legal research sites, and toCourts, to the copyright office, to the patent and trademark office, and to information about starting a business. It has information about legal careers and law schools. When we study entrepreneurship, we will go to the Small Business Administration web site with links to starting a business. We will explore how to use, and
COURSE REQUIREMENTS. You are expected to:
1. Attend class regularly.
2. Read the assigned portions of the text before class and be able to discuss the concepts in the text in class. You should brief each case in the book. See attached reading assignments.
Syllabus for Business Law 110 - Fall, 2008 - Page 1
3. When assigned, prepare an outline of an assigned part of the text, be prepared to discuss the laws, issues, and cases in the assigned outline; distribute the outline to your group, discuss it, and then be prepared to discuss and argue in class;
4. Watch the movies (on video) Twelve Angry Men, Wall Street, and one other, relating to the law and business, and write an essay addressing the legal and ethical issues raised by the movies. Your essay will brief the third film you choose Bdescribe the relevant facts, the legal issues, the rules, how the lawyers and the legal system addressed the issues and applied the rules to reach its conclusion. You will then compare the films, their characterizations of the lawyers, legal institutions, businesses and law and ethics. The essay will focus on how rules, ethics, and the legal institutions effected business decision.
5. Keep up your workbook provided to you and turn it in weekly.
6. Prepare and submit a written brief of a case.
7. Participate in group projects and discussions.
8. Take the class exams
ACADEMIC HONESTY In this class we will focus on law and business ethics. It is important that you develop a sense of ethics in your classes that you carry onto your business relationships. Honesty implies that you respect your own abilities and your own character. Dishonesty implies the opposite. I follow the University=s Policy of Academic Dishonesty. That Policy is available to you on the Course Blackboard Site. In summary, it states: AAcademic dishonesty includes such things as cheating, inventing false information or citations, plagiarism and helping someone else commit an act of academic dishonesty.@AInstructors who believe that an act of academic dishonesty has occurred are obligated to discuss the matter with the student(s) involved. Instructors should possess reasonable evidence of academic dishonesty. However, if circumstances prevent consultation with student(s), instructors may take whatever action (subject to student appeal) they deem appropriate.@AIf the instructors believe that the academic dishonesty reflects on the student's academic performance or the academic integrity in a course, the student's grade should be adversely affected.@AThe instructors will file incident reports with the Vice Presidents for Academic Affairs and for Student Affairs or their designees. These reports shall include a description of the alleged incident of academic dishonesty, any relevant documentation, and any recommendations for action that he/she deems appropriate.@
WHEN USING THE SCANTRON GRADING TEST SHEETS: Mark all marks dark and all erasures clear. If you cannot make a clean erasure, use another scantron. The answers are not hand checked to compensate for poorly marked or erased scantrons. You should have an extra scantron in the event you cannot make a clean erasure. If you need to utilize your spare, inform the instructor/proctor, and be certain to turn in the faulty original so that it can be destroyed.
DSPS STUDENTS: Students with Disabilities needing accommodation should make requests to Disability Accommodation Services, Bell Tower 1541 (805-437-8510), (). Please discuss approved accommodations with me. You may preserve your privacy and not disclose your disability to me, but I need to know the accommodation.
Syllabus for Business Law 110 - Fall, 2008 - Page 1
GRADING POLICY: Grading is based on participation and performance. The key is to try and try again. If you do not understand something, contact me. Do not give up and you will do better.
I will grade on a plus and minus.
The graded assignments are described in the following pages.
WORKBOOK: 100 points - The workbook will be graded for completeness and not for correctness. You should write your own responses in the workbook, but it is OK to discuss your responses with other students.
EXTRA CREDIT B You must submit to me a proposal for extra credit before you do it. We will negotiate the possible points.
Extra credit projects will earn you extra points and can raise your grade. Extra credit will not lower other peoples= grade or effect the curve. / Extra Credit Points Available1 / Prepare the copyright forms for your artwork, software program or other work. Find the forms on the Copyright office web site. / 20
2 / Go to a trial at the Superior Court or Federal Court and write your impressions about what is happening - also state the date you went, the name of the courthouse, and the parties to the action. A small claims court action does not count here. / 25
3 / Go to and find a California case on contracts; brief the case. / 20
4 / Go to and find a contract form which would apply to a business. Print out the contract and write a memo a
s to its applicability to the business. / 20
5 / Prepare a trademark search and application for your trademark. / 20
6 / Propose your own extra credit project / 20
7 / Attend the presentation by Jared Diamond on November 14, 2007, and write a three page essay about how his findings relate to this class. / 20
` / 165
Business Law 110 - Log of Grades for:
Activity / Maximum points / Points received
Attendance / 140
Group formation and discussion of the California Constitution / 30
Group Project relating to 12 Angry Men and Juries / 50
Outline and Class Participation / 50
Workbook including Interactive Quizzes and Internet / 100
Take Home QUIZ / 30
Brief of the Case / 40
MIDTERM - / 140
Group project Bbusiness / 40
Writing project regarding a movie dealing with the law / 100
Extra credit - / various
Copyright forms
Trial
Findlaw brief case
Findlaw brief of case
Findlaw memo on contract
Trademark search and application
Your own extra credit
Attend presentation of Diamond on 11-14; Essay
FINAL EXAM / 280
Total / 1000
GRADES FOR
A / 90%-100% / 900-1000 POINTS
B / 80-89% / 800-899
C / 68-79% / 680-799
D / 60-67% / 600-679
F / 59% OR BELOW / 599 OR BELOW
Business Law 110, CSUCI - Spring, 2008 - Assignments - TuesThurs, 1:30-2:45
WEEK/ DATE / Learning Objectives and Reading Assignments / DELIVERABLES THIS DATE
Week 1 -August 26 / Learning Objectives: What is Business Law? How does business relate to the law and the constitutions of California and the United States? What do lawyers do? Why do business people need to know law? Reading a known statute. / Turn in workbook 1 - we will do this in class.
Assignment: Read the Preamble and Article 1, Section 1 of the California Constitution - get from Blackboard or the handout, and the Preamble to the US Constitution (See Text, Appendix B). Read the 13th, 14th, & 15th Amendments and Article 3, Section 2, of the US Constitution.
Week 1 - August 28 / Learning Objectives:Reading and studying law; key terms, outlines of issues in the Chapter summary; the Declaration of Independence, states and the US Constitution; California Constitution; and rule-making. The major components of the legal system. / Workbook 2.
Read Chapter One of the Text, pages 1-31. At the end of each Chapter is a list of AKey Words@ and a AChapter Summary.@ Each is a helpful check that you understand the chapter you read. Study them. prepare responses to workbook #2
Week 2 -
September 2 / Learning Objective:-.Watch the movie 12 Angry Men. / Constitution focus group assignment
Watch the movie 12 Angry Men and review the First project in the workbook with questions about 12 Angry Men. Be prepared to discuss 12 Angry Men and those questions with your group. We will also discuss your focus group research.
Week 2 -September 4 / Law as enforceable Rules. How do rules develop through Congress, Judges and Juries? What is the role of argument and critical thinking in law and business? How does our culture express values, ethics and morality? Why is this important for business? / You should have watched and written notes on 12 Angry Men by now.
Read the Preamble and Article 1, Section 1 of the California Constitution - get from Blackboard or the handout, and the Preamble to the US Constitution (See Text, Appendix B). Read the 13th, 14th, & 15th Amendments and Article 3, Section 2, of the US Constitution. Read Cal Const. Art. 1, Sec 2, 7, and 16. See Blackboard
Week 3 -
September 9 / Law are Rules that are Enforceable, where? How? What are rights? How do rights develop so that rules are enforceable?@ Do you IRAC? Briefing a case. / Turn in Workbook 3.
Read Chapter 3, pages 72-107; Read also US Const. Art. 3, Sections 1 & 2.
Week 3 -
September 11 / What is Anegligence?@ What are torts - civil wrongs? / Workbook 4.
Read Chapter 4, Torts, pages 111-122.
Week 4 -
September 16 / How do juries apply the rule of negligence? / Group jury deliberation during class, and hand in verdict forms.
Read Chapter 4, pages 122 -131.
Week 4 -September 18 / Property - Real and Personal - What is Property? Why is property important to business? Hoe does business prove it owns property? How does business transfer property? What is due diligence in property transactions? / Workbook class 5. Pick up take home quiz.
Outline assignment for Group 1..
Read Chapters 23 pages 699 to 715.
Week 5 -
September 23 / Property concepts - real property - issues of title, use and rights associated with property. / Continue with outlines for group 1. Turn in your assessment of jury process.
Read chapter 24, pages 731-745.
Week 5 -
September 25 / Criminal Law -and Ethics - How do ethics and the criminal law relate?
Read Chapter 6, pages 171-175; Chapter 2, pages 46-52.
Week 6 -
September 30 / Criminal Law - What are the elements of crimes that relate to business? What procedural rules relating to search and seizure apply to business? How did Bud Fox= ethical lapses relate to his criminal prosecution? What does AGreed is Good@ have to do with it? / Group 2 Outline.
Workbook 6.
Read chapter 6, pages 175-198 on Criminal Law and Procedure.
Week 6 -
October 1 / Ethics, Professional Responsibility and Social responsibility; Fiduciary Duty, Intellectual Property - what is intellectual property? How does a business use intellectual property? How does a business protect its intellectual property? / Group 3 Outline.
Read Chapter 5, Intellectual Property, pages 142-167. The workbook will take you to some interesting internet sites for intellectual property.
Week 7 -
October 7 / Ethics, Fiduciary Duty and Other Peoples= Property - how does the fact that often business persons are handling other people=s property effect those legal relations and Greed is Good? / Turn in Take Home quiz.
Read page 35-45. Read Duffy v Cavalier and brief the case. Get Duffy from Blackboard.
Week 7 - October 9 / Contracts - Nature, Classification, Agreement, Offer and Acceptance, Negotiation; what is the role of the law regarding negotiation and due diligence in contracts? / Workbook 8.
Group 4 Outline.
Reading: Chapter 7, Contracts; Nature Classification; Agreement and Consideration, p. 202-232.
Week 8 - October 14 / Contracts - Capacity, Legality, Assent and Form - what are the elements of a contract? / Turn in your Duffy Brief.
Chapter 8, pages 236-266.
Week 8 - October 16 / Contracts - Performance and Breach. What is the role of the courts in the breach of a contract? What remedies does a non-breaching party have? / Group 5 outline and class presentation.
Read Chapter 9 - pages 271-303.
Week 9 -
October 21 / !!!! Midterm Examination !!!! / Workbook 9.
The midterm exam is multiple choice. It is open book, open notes, but that means it is harder than most exams. It covers all of the chapters we have read so far. You need to read the exam question so you can determine what law applies; you can find the law in the book; then you need to know how to apply the rule.
Week 9 -
October 23 / What movie did you choose to write about? / Your movie choice.
Review of the midterm exam. Review of the Duffy brief. Discussion of writing about the law by reviewing the facts - the movie essay assignment.
Week 10 -
October 28 / Sale of Goods - What are goods? What law applies to the sale of goods? What is a sale? When is a sale complete? / Workbook 10.
Turn in your brief of your chosen movie
Reading: Chapter 11 on the sale of goods, pages 324 - 351. In class project relating to the a contract for the sale of goods.
Week 10 -
October 30 / Sale of Goods - Performance; Acceptance and Revocation - what issues are their in the performance of a contract for the sale of goods. / Movie -. Turn in your answers to the Story Questions
Reading: Chapter 12, pages 355-377. Complete group project re contract, due diligence and negotiation.
Week 11 - November 4 / The purchase order / Group review of purchase order and issues relating to group business project relating to sale of goods.
Sale of Goods Class Project - read Starbucks contract between page 767-771.
Week 11 -
November 6 / Sale of Goods and Products Liability; WarrantiesWhat are the liabilities of a manufacturer or seller of goods for defects that cause injuries? What additional responsibilities does a seller of goods owe to a consumer? / Workbook 11. Movie -Turn in your proposed claim or point of view for your movie essay
Chapter 13, Warranties, Products, pages 380 - 411.
Week 12 -
November 11 / Agency ,and Employment, and providing services - what is the agency relationship? What obligations does an employer have to an employee? When does an employer violate the rules? / Workbook 12.
Reading: Chapter 17 pages 516-520; Chapter 18, pages 546-561.
Week 12 -
November 13 / Discrimination in Employment - / Turn in your Outline for the movie essay.
Chapter 18, pages 561-581.
Week 13 -
November 18 / The law is an argument.
Handout - review of arguments relating to movies.
Week 13 -
November 20 / Entrepreneurship and- What form of business applies? / Workbook 11.
Reading: Chapter 19, pages 585-604.
Week 14 -
November 25 / Globalization - How does globalization affect your business? / .
Chapter 25, pages 761-783.
Week 14 -
November 27 / Antitrust Law - How do the anti-trust laws and regulation work? Do the anti-trust laws impact your business? / Workbook 12
Reading: Chapter 22, pp 673-696.
Week 15
December 2 / Presentation and discussion of the movie essays - your chance to write and to orally discuss what you have learned. / Turn in your Movie essay and present it to the class
Orally discuss and defend your essay about the movie in class.
Week 15
December 4 / Environmental Law - What environmental rules apply to business decisions? How does the government regulate environmental issues in a private property system? / All extra credit papers and all remaining papers.
Chapter 24, pp 745-755.
Week 16 -
December 9 / !!!!!!!! Final Examination !!!!!!!!!!!!!!
Multiple Choice.
Are you prepared?
1:00 PM - 3:00 PM / Workbook 13.
Class Assessment. Your personal assessment
Syllabus for Business Law 110 - Fall, 2008 - Page 1