Business Law Course Outline, Fall 2009 Syllabus Version 1.0 - (Bus 110 Section 2)

Instructor: Panda Kroll, Esq. – Office Hours: Mondays 2-3 p.mor by arrangement

Office Sage Hall Room 1115, tel. 805 551-0773, email:

T7:00-9:50 p.m. Location: Bell Tower 1684

Date /
Topic
/ Homework Due This Day
8/25 / Introduction to Law:
The Legal Environment That We Live In
The Socratic Method: Independent Thinking via Q&A
Exercise:Issue Spotting re: drug testing
***
What Is “Law,”
& When Is An Act Legal or Illegal?
How to: Minimize the chance of being expelled/evicted/prosecuted criminally/sued civilly
Videos: Mom Sues School Over Sexting Suicide;
Teen Sues D.A. Over Sexting Charges / First Day of Class:
Complete Survey in Blackboard
Obscenity Laws: Is Teen Sexting Legal?
Read Blackboard (“BB”) #1
- Age of Consent
- Teen Sexting
- Future of Reputation & Privacy on the Internet
9/1 / Intro, cont: What Is “Law,”
& When Is An Act Legal or Illegal?
How to:
  • Brief a case (e.g., Ross)
  • Distinguish criminal from civil law
  • Find sources of law (“says who?”)
Videos: Ross oral arguments (Medical Marijuana case) / Turn InBB#1 Questions (Obscenity Laws)
Drug Laws: Is Marijuana Legal?
ReadBlackboard (“BB”) #2A & 2B
(Ross v. RagingWire), 1B (Med MJ, testing)
Turn in BB #2A Q’s
Prepare for BB #2B Discussion
ReadTextbook pp. 4-5 (private v. public, criminal v. civil law), 169-170(State v. Fed “preemption”), p. 749 (biz tip re: drug testing),
Study p. 21 (Exhibit 1.2 – sources of law)
9/8 / Ethics: If An Act Is Legal,
Is It Necessarily Ethical?
How to: Regulate “new” torts/crimes
Exercise: Ethics Checklist
Videos: MySpace Suicide: Witness Testimony
***
Judicial System: How Does A Lawsuit Begin?
Quiz on Case 3.1 (JeanJangles /Jean Jewels case)
How to:
  • Write/respond to a “demand” letter
  • Apply “tests” developed by prior courts
  • Do business over the Internet without having to defend yourself in every state
/ Ethics of New Technologies:
Virtual Lives/Real Consequences
Read BB #2C
- Violent Video Games
- Role Playing Games
-“MySpace Suicide” conviction and sentencing
Turn in BB #2C Q’s
***
What To Do When You Want To Sue
Read BB #3:
Scan quickly - letter/videos re: litigation over images of Gov. Schwarzenegger/Obama
Read Ch. 3, pp. 80-89, 99-107
Turn In Textbook Case 3.1 Q’s (p. 103)
FIRST BE SURE TO READ HINTS IN BB!
Study for Quiz on Case 3.1
9/15 / Litigation: Which Facts Matter?
How to: Decide to Litigate or Not
How to: Avoid Evidence “Spoliation”
Exercise: Litigation Flowchart
***
Constitutional Law:
Which Laws Are “Fundamental?”
Bill of Rights/Equal Protection/Due Process
Open Book Timed Quiz on Constitution
Federal & State Constitutional Controversies
  • Racially Restrictive Covenants
  • Regulation of Marijuana Use
  • Gay Marriage: Pro and Con
/ How to Prove Your Case
Read BB #4: (short articles)
- Facebook, MySpace as Evidence
- Mattel v. MGA (Barbie v. Bratz)
Read Ch. 4, pp. 122, 124-136, 148
StudyExhibits 4.4, 4.9
Turn In Q’s Case 4.2 (Wal-Mart)
***
Fundamental Rights
Read Ch. 5 pp. 152-157, 162-163
Read BB #5A: U.S. Constitution: Racial Equality
ReadBB #5B: Federalism: Lopez, Raich cases
ReadBB #5C: Equal Protection:
Is Gay Marriage Legal?
Study for Quiz on Constitution
9/22 / Constitutional Law, cont.:
Do Students Have 1st Amendment Rights?
How to: Know whether school speech
is protected or prohibited
How to: Use the 1st Amendment offensively to protect right to express a controversial message
***
Do Corporations Have 1st Amendment Rights?
How to: Use the 1st Amendment Act defensively to avoid liability for a controversial message / School Speech/T-Shirt Wars
ReadBB #5D:
- First Amendment Fundamentals
-“Bong Hits 4 Jesus” case
-“Be Happy Not Gay case
Turn inBB #5DQ’s
***
Speech As Liability
Read BB #5E Materials:
- McCollum v. CBS(Ozzy Osbourne)
Turn in #5E Q’s
Read Ch. 5, pp. 174-175, 181-184
9/29 / Tort Law: Intro to Risk Allocation:
Who Should Pay For Criminal Acts?
How to: Respond to requests for references
***
When Is Careless or Cruel Behavior Illegal?
How to: Avoid liability by obtaining
a release /written consent/waiver
Exercise Torts Matching
Video: Borat litigation / View (on reserve): Borat film
Mistakes As Liability: Acts of Others
Read Ch. 10
Turn in Q’sCases 10.4 & 10.5
(Jenny Jones, Randi M cases)
Mistakes As Liability: Everyday Acts
Read BB #10A
- “Driving While Distracted”
- Liability of Party Hosts
- Rescue: Duty or Liability?
10/6 / Are Laws Protecting Privacy & Reputations Consistent With The First Amendment?
How to: Avoid exploitation and defamation claim
How to: Avoid e-mail-related lawsuits
Video: Eminem “Brain Damage”
***
Product Liability/False Advertising
Powerpoint: When is advertising “false?”
When is coffee “too hot”?
Video: Dinged by a G-String / Privacy and the First Amendment
Read BB #10B
- Bailey v. Mathers,IIIcase
(a/k/a Eminem, Slim Shady)
- SchwarzeneggerBobble-Headed Doll letter
- Borat complaint
Turn in Q’s BB#10B
Read Ch. 8 pp. 276-280
Read p. 287 “business planning tip”
Turnin: Case 8.2 Q’s: e-mail trouble
***
Liability for Defective Products
Read Ch. 11, pp. 423-434
Read BB #11A, 11B
Turn in Q’s BB #11A (Hot coffee case)
10/13 / Intellectual Property Law
Quiz on IP definitions & Appendix “I”
Study Guide for TEST I
Videos: “Pretty Woman” / Managing Knowledge Assets
Read Ch.16 pp. 618 – 645
esp.Exhibit 16.1, p. 639
Read BB #16A:
- Trade Secrets
- Fair Use Checklist
Read Appendix “I”: (Copyright Act)
Study for Quiz
***
Defending Against Intellectual Property Claims
Case 16.1 (Roy Orbison/2 Live Crew case)
Case 16.2 (Harley Davison case)
Turn in Q’s Cases 16.1, 16.2
10/20 / TEST I
***
IP Law, cont.:
Video: “Barbie Girl”
GroupThink: Challenger Disaster PowerPoint & Exercise / Defending Against Intellectual Property Claims
Read, Turn In BB #16B:
Briefof “Plastic Plaintiff” case:
(Mattel Inc. v. MCA Records)
Read Ch. 11 p. 449-450, Turn in Qs
Study for Test
10/27 / Intro to Contracts
How to: Know when a contract exists
Video: “Pepsi Stuff”
***
“Shrink-” and “Click-” Wrap Licenses, “Material” Facts, Fraud and Other Contract Defenses
Quiz on Appendix “G”
Study Guide for Test II
How to: avoid a warranty claim / Did I Agree To That?
Read Ch. 13 pp. 496-540
Turn in Q’s: Cases 13.2, 13.6
(Pepsi Stuff/Big $$$ In The Art World)
Read Appendix G
Study for Quiz
“I Didn’t Agree To That!”
Read Ch. 14
Turn in Q’s: Cases 14.2, 14.3
(Haunted House/Young, Drugged, & Rich)
11/3 / TEST II
***
Introduction to Group Presentations
***
Intro to Employment Law
How to: Regulate post-employment conduct / Study for Test
***
Use and Abuse of “Agents” and “Principals”
Read Ch. 18, pp 700-714
Turn in Q’s: Case 18.3 (Oprah case)
11/10 / Employment Law: Agency/ Employee Rights
Wage & Hour Laws
How to: Avoid a Terri Schiavo dispute by designating
an Agent for Health Care
How to: Avoid liability for another’s acts
How to: know whether you’re “exempt” or owed overtime / Liability for Your Agent’s Mistakes
Read Ch. 18, pp 715-737
Read BB #21B Business Structures
Turn in Q’s:Cases 18.4, 18.521.2
Scan BB #18 Health Care Directive
Extra Credit: Complete Directive
ReadBB #19: CA Employment Law
Read Ch. 19, p. 785 only
(wage & hours)
Complete Training BB #20A
Extra Credit: Turn in Certificate
11/17 / Employment Law: Employee Rights/ Discriminatory Acts
SexDiscrimination/Harassment
How to: avoid harassment charges
How to: respond to harassment
Religious and Disability Discrimination/Harassment
How to: Tolerate Intolerance / Illegal Discrimination & Retaliation
ReadBB #20B:
Read Ch. 20 pp. 786-808
Turn inQ’s: 20.2, 20.3
ReadBB #20C: More Discrimination
Read Ch. 20 p. 809-837
Turn inQ’s: Cases20.4, 20.8
11/24 /

No Class – Study On Your Own

Corporate Law

And Forms of Doing Business

How to:

Form a sole proprietorship

  • Form a partnership (without really trying)
  • Limit liability, Fund a business
/ Read BB #21B Business Structures
Digital Dropbox:
  • Q’s: Case 21.2
  • Group Presentation FAQ, rough outline of “scenes” and roles

12/1 / TEST III
Dress Rehearsal: Group Presentations
12/8 / FINAL: MEET 7-9 p.m.
Group Presentations Peer Evaluation / Turn in: Roll Call (Group Meetings)
Turn in: Team Evaluations

BUS 110: Sections One and Two - OVERVIEW OF COURSE AND COURSE EXPECTATIONS

Class Preparation:

Plan for four to six hours of homework each week. You will be quizzed often.

2 hours reading and rereading assigned materials – be sure you understand all vocabulary

2-4 hours briefing assigned cases, preparing Case Questions, and/or completing Blackboard assignments.

Course Materials:

Textbook (required): Jennings (2006) Business: Its Legal, Ethical and Global Environment, Seventh Edition.

You are expected bring your book and syllabus 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): Participation credit will be given to students who come prepared to discuss newsworthy items related to business law issues.

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 to apply 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. If a student comes in after roll is taken, and does not meet with the instructor after class, the student will be counted as absent. Each student is allowed two absences. After the second 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 as well as 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%

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Cut-Offs for Final Grade:

If you score 95% of the total points available, your grade is an A; 90% and above 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. Below 55% 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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