Business Law Course Outline, Fall 2008 (Bus 110 section 4) Syllabus Version 1.0
Professor: Mari Rockenstein, Esq. – Office Hours: Wednesdays 8:45-10:00 a.m. or by arrangement
Office Sage Hall Room 2016, email:
Section 4: W 7:00 p.m. – 9:50 p.m. Broome Library 2490
SCHEDULE OF TOPICS AND HOMEWORK
Date / Day / class # /Topic
/ Homework Due This Day8/27 / W / 1 / Intro: Why Do We Have Laws?
Introduction to Business Law and
Active Learning
How to: Succeed In This Class
How to: Spot Issues
* * *
How to: Know the Age of “Consent”
How to: Read an indictment (MySpace suicide case)
Blackboard Assignment##1A, 1B Student Surveys / N/A
9/3 / W / 2 / Intro, cont.: When Is An Act Legal or Illegal?
Sources of Law & Enforcement
How to: Brief a case
How to: Interpret a statute, i.e.,
“The Compassionate Use Act”
(Medical Marijuana)
* * *
Ethics: If Its Legal,
Is It Always Ethical/Productive?
How to: Apply legal precedent, i.e., “tests” developed by prior court decisions
How to: Prevent cyber-harassment
when there aren’t yet laws against it / ReadCh. 1, pp. 1-8, 20-24, 30
Read BB #2:Ross v. RagingWire
Turn in Questions (Q’s)
Read BB #3:
- 10 Steps to Ethical Decisions
-“MySpace suicide” documents
Turn In Q’s Case 3.1
(JeanJangles case)
Study for Mini-Test on Case 3.1
9/10 / W / 3 / Litigation: Which Facts Matter?
How to: Litigate or Not to Litigate
How to: Avoid Evidence “Spoliation”
Exercise: Litigation Flowchart
* * *
Constitutional Law: Which Laws Are “Fundamental?”
How to: Read the U.S. and California Constitutions
Constitutional Controversies:
Federal: Regulation of “Legal”
Marijuana Use under Commerce Clause
State: “Limit on Marriage” Amendment / ReadCh. 4, pp. 122, 124-136, 148. StudyExhibits 4.4, 4.9
Turn In Q’s Case 4.2
(Wal-Mart “reindeer” case)
Read BB #4 article:
Mattel(Barbie) v. MGA (Bratz)
ReadCh. 5 pp. 153-157
Read BB #5A: U.S. Constitution
Turn In BB #5B:
(Constitution Fill-In Exercise)
ReadBB #5C: Federalism:
(Lopez, Raich v. Gonzalez)
ReadBB #5D
(Equal Protection: In Re Marriage)
9/17 / W / 4 / Constitutional Law, cont.:
Does the Constitution Protect
“Commercial Speech”?
How to: Use the 1st Amendment offensively to force approval of a label
How to: Use the 1st Amendment defensively against a claim of liability for suicide and murder
Continued next page / ReadCh. 5 pp. 173-193
ReadCase 6.5 pp. 222-223
Turn inQ’s Case 6.5 (Coors case)
Read BB #5E: McCollum v. CBS
Turn in Q’s
Compare to MySpace Suicide Case
Continued next page
9/17 / W / 4 / Continued from above
Tort Law: Risk Allocation, aka
Who Should Pay
When Misfortune Strikes?
How to: Identify “negligent” and “intentional” torts, criminal negligence, & “negligence per se,”
know your “duty” / Continued from above
ReadCh. 10
BB
Turn in Q’sCases 10.4 & 10.5
(Jenny Jones, Randi M cases)
“Driving While Distracted”
(Cell phones, etc.)
- Liability of party hosts & bars
- Duty to rescue, Rescuer Beware
9/24 / W / 5 / Tort Law, cont.:
1) How Do Laws Protect Reputations?
2) What are Tort and Privacy Issues Arising From Internet Use?
How to: write a “cease and desist” letter
How to: draft a “consent form”
How to: Avoid e-mail-related lawsuits
How to: distinguish fact from opinion:
e.g., Is “Dumb-Ass” defamatory?
***
Intro: Intellectual Property Law
What is Business “Property”?
A. Copyright & Fair Use
B. Trademark
C. Patent
D. Trade Secret
Hint: study Exhibit 16.1, p. 639 / Read BB #10B Litigation Documents
- Cease & Desist Letter:
“Gov Schwarzenegger Sues Over Bobble-Headed Dolls”
- Complaint: “Borat” film/ mockumentary litigation
- Complaint: Bailey v. Mathers,III
(a/k/a Eminem Slim Shady)
Read Chap. 8 pp. 276-280,
p. 287 “business planning tip”
Turnin Q’s: Case 8.2: e-mail trouble
Read Ch.16 pp. 618 – 645
Read Appendix “I”: (Copyright Act)
Turn in Q’s:
Case 16.1
(Roy Orbison/2 Live Crew case)
Case 16.2
(Harley Davison case)
10/01 / W / 6 / TEST I
IP Law, cont.: Defenses
How to: Distinguish a Fair Use
From an Infringement
***
New Technologies
How to: Apply old laws to new science / Read BB #16A: IP Articles
- Trade Secrets
- Fair Use
Read, Turn In: BB #16B:
Briefof “Plastic Plaintiff” case:
Mattel Inc. v. MCA Records)
Turn in Q’s Ch. 1, Case 1.1 1.2
(Sony VHS, Napster)
ReadBB #16C
YouTube’s Legal Problems
10/8 / W / 7 / Contract/Torts Law:
Product Advertising Liability
How to: Recognize when a product is “too” dangerous
How to: Avoid warranty claims
***
How to:Know when a contract exists / ReadCh. 11, pp. 423-434, 449-450
(Challenger Disaster)
Turn inQ’s: Cases 11.3, 11.4, 11.5
Read: BB #11
“Dinged by a G-String”
ReadCh. 13 pp. 496-511
(“Pepsi Stuff”)
Read Appendix G
Turn in Q’s: Case 13.2
10/15 / W / 8 / Contracts, cont.:
“Shrink-” and “Click-” Wrap Licenses
***
Contract Defenses
How to: avoid a contract claim / ReadCh. 13 pp. 512-540
Turn inQs: Cases 13.3, 13.5, 13.6
ReadCh. 14
Turn in Q’s: Cases 14.2, 14.3
10/22 / W / 9 / TEST II - Contracts
* * *
Introduction to Group Presentation / STUDY FOR TEST
10/29 / W / 10 / Employment Law: Agency
How to: Distinguish an employee
from an independent contractor
How to: Make end-of-life choices
How to: Avoid liability for another’s acts
How to: terminate employment / ReadCh. 18, pp. 700-end
Turn in Q’s:
Cases 18.3, 18.4, 18.5
BB #18: EXTRA CREDIT
Complete: Health Care Directive
11/5 / W / 11 / Employment Law: Employee Rights & Discriminatory Acts
How to: know whether you’re “exempt”
or owed overtime
***
Employment Law: Sexual HarassmentHow to: avoid harassment charges
How to: respond to harassment / ReadBB #19: CA Employment Law
ReadCh. 19, p. 785 only
(wage & hours)
Turn inQ’s: Case 19.3 (free beer)
Complete Training BB #20A
Turn in Certificate
ReadBB #20B Discriminatory Acts
ReadCh. 20 pp. 786-808
Turn inQ’s: Cases 20.1, 20.2, 20.3
11/12 / W / 12 / Employment Law: Religious & Disability Discrimination
How to: Take political correctness too far / ReadBB #20C More Discrimination
ReadCh. 20 p. 809-837
Turn inQ’s: Cases20.4, 20.8
Study for Mini-Test
11/19 / W / 13 /
Corporate Law
Forms of Doing Business
How to: Form a sole proprietorship
How to: Form a partnershipHow to: Limit liability / ReadBB #21B Business Structures
Turn inQ’s: Case 21.2
Study: Exhibit 21.1 p. 842
11/26 / W / 14 / Securities Fraud:
How to: avoid jail time for insider trading / Read BB #22
ReadCh. 22 pp. 900-912,
StudyExhibit 22.4
Turn inQ’s: Case 22.2 Q’s
12/3 / W / 15 / TEST III
* * *
Environmental Regulation – Remember the Lorax?
GROUP MEETINGS – “Dress Rehearsal” / ReadCh. 12, BB: Camarillo Prison Hospital documents.
Turn inBB #12
ReadCh. 1, 26-30
12/10 / W / 16 / Group Presentations & Peer Evaluation
* * * / Final Preparation for Group Presentation.
FINAL: Section 4: Wednesday Dec10 - 7:00 to 9:00p.m.
Class Preparation: Read and Complete Assignments “Due Today” prior to each class meeting.
Plan for four to six hours of homework. You will be quizzed often.
2 hour reading and rereading assigned chapter – be sure you understand all vocabulary.
2-4 hours briefing assigned cases, preparing Case Questions, and/or completing Blackboard assignments.
BUS 110- Section Four: OVERVIEW OF COURSE AND COURSE EXPECTATIONS
Course Materials:
Textbook (required): Jennings (2006) Business: Its Legal, Ethical and Global Environment, Seventh Edition.
You are expected bring your book to class every day.
Note: There should be many used copies on Amazon & the campus bookstore, as well as a copy on reserve.
Blackboard (required): Assignments, group project and other course information are published on Blackboard.
Daily Newspaper (recommended – The New York Times or Los Angeles Times): Participation credit will be given to students who come prepared to discuss newsworthy items related to business law issues. There are discount student subscriptions available for the papers.
Course Description:
This hands-on course provides an introduction to the legal and regulatory environment of business. Students can expect to develop their critical thinking skills while learning about their own and their employer’s legal rights and responsibilities. Note: The general information provided in this course is not legal advice and is not a substitute for consulting an attorney.
Course Format:
This is not a lecture-based class, and requires substantial student preparation and participation, both in class and on Blackboard. Students will discuss their responses to assigned work and apply what they have learned to hypothetical and real situations. There will be three to four tests. Students will be responsible for checking Blackboard each week for announcements, changes, clarifications and assignments, and for turning in homework by e-mail or in person by the date due. Assigned homework is weighted towards the first half of the semester, and the second half of the semester will generally focus on group presentations.
Attendance and Class Participation:
The best way to learn and to apply the law is to talk about it. All students are expected to attend class, arrive on time, and be prepared to participate in discussions in class and on Blackboard. If a student comes in after roll is taken, and does not meet with the instructor, the student will be counted as absent. Each student is allowed three absences. After the third absence, the student will forfeit participation points. Students who consistently fail to participate in discussion or otherwise fail to demonstrate adequate preparation for class will also forfeit participation points.
Student Learning Outcomes/Course Objective:
The course objective is to provide student with practical knowledge of legal principles and issues that arise in business. Businesses are subject to employment and contract disputes, negligence claims, regulatory compliance, and other legal issues, yet many business owners and managers are ill-equipped to identify legal risks before they arise. Without legal sophistication, business cannot strategize to prevent problems from occurring or, at least, from spiraling out of control. While litigation is an inevitable cost of doing business, it is controllable. Students will develop the ability to spot potential legal problems and manage risks, enhancing their marketability to the businesses that employ them, and enhancing their effectiveness as entrepreneurs.
At the completion of this course, students will be able to:
- describe the major components of the United States legal system;
- write analyses of cases related to business organizations and their legal environments;
- research and present oral and written analyses of how laws and regulations impact business organizations;
- identify, analyze, and suggest solutions for businesses to address their legal challenges.
Method of Student Evaluation:
Tests ...... 30%
Homework, Blackboard Assignments, Briefs & Quizzes…………………………...30%
Group Project...... 30%
Participation (Demonstrated Preparation for Class Discussion, Attendance) .....10%
Cut-Offs for Final Grade
If you score 95% of the total points available, your grade is an A; 90% and above (that is, up to 94%), is an A minus.
85% and above is a B plus; 80% and above is a B. 75% and above is a B minus.
70% and above is a C plus, 65% and above is a C; 60% and above is a C minus.
55% and above is a D. 50% and above is an F.
Exams:
Students will take three to four multiple choice tests, including a final, based on lecture, readings, assignments and any topics discussed during class. Exam formats will be determined by the subject material and will be discussed by the instructor in class. The instructor will exclude your lowest-graded exam from your score. NO MAKE-UP EXAMS WILL BE GIVEN! Exams, tests, and homework will be kept on file for only two weeks after the last class meeting. If students wish to go over their exams with the instructor, they may do so prior to that time.
Written Assignments:
Students will complete written responses to chapter case questions, quizzes, Blackboard assignments, and with their group presentations. Assignments must be submitted in person or by e-mail no later than class time on the due date of the assignment. Students who do not turn in their written assignment on time will not receive credit for that assignment.
Group Projects:
Each student will participate in a group project. The group projects will be evaluated as follows:
25% = instructor evaluation of each member’s contributions to hand-out and presentation, after reading peer reviews;
25% = class evaluation of presentation effectiveness;
25% = group member’s own analysis of each member’s contribution to the group; and
25% = peer review by group members of each group member’s contribution to the group.
Students are expected to participate in Group Projects through Blackboard and in-person team meetings.
Disabilities Accommodations:
Students with Disabilities needing accommodations, please make requests to:
Disability Accommodation Services
Phone: 805-437-8510 (V/TTY); Fax: (805) 437-8529
Office: Bell Tower Room 1769
Email:
Please discuss any approved accommodations with the professor as soon as possible.
Cheating, Plagiarism and Other Forms of Academic Dishonesty:
CSUCI characterizes its graduates as creative in developing imaginative self-expression and independent thinking, and dedicated to maintaining principles of intellectual honesty. Academic dishonesty is incompatible with these characteristics. Accordingly, you are expected to turn in your own work, and you will be subject to sanctions if you cheat or assist others in cheating. If a student is suspected of submitting work containing word-for-word language from websites, other students, etc., OR if a student is suspected of assisting another student in cheating or copying, the student will be reported to CSUCI’s Judicial Affairs for adjudication and possible sanctions, including a failing course grade.
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