BUSINESS LAW

REVISED

MICHAEL J. CAPPELLI Winter 2015

BA 226 (31055) NSH 208

(916) 300-4049 TH 1:00 – 2:20 pm

Email: Credits: 3

Office Hours: Monday 11:00 a.m. – 12:00p.m. Office: MKH 112

Tuesday 12:00 p.m. – 1:00 p.m.

COURSE DESCRIPTION

Introduces the framework of the law as it affects a business, including the origins of the American Legal system, how the law operates and how it is enforced. Covers legal regulation of business, including civil and criminal law, formation of contracts under both common law and the UCC, agency relationships, and business formation.

OUTCOMES

Apply and use elements of law in their individual and business activities. Understand the requirements for a valid contract and apply those requirements in their contractual activities. Recognize the interconnectedness of legal systems to business, society and the environment.

REQUIRED TEXT: Essentials of Business Law 5th Edition, Beatty and Samuelson, Cengage Learning (2015), ISBN: 978-1-285-4200-3. Hardcopy or E-text.

ASSIGNMENTS:

The following are your assignments for this course. You will be expected to have read the assignments and reviewed the materials before the assigned date. In other words the assignment due for the first class is to read Chapter 1: 1-1 to 1-4; 1-6 and Review the Critical Thinking and Analysis Handout found my LBCC Instructor Website.

WEEK / DATE / CHAPTER
READING ASSIGNMENTS / TOPIC / ASSIGNMENTS
1 / 01/05
01/07 / 1: 1-1 to 1-4; 1-6
4 / The Role of Law; Analyzing Cases
Common Law, Statutory Law, Administrative Law;
Civil and Criminal Law / Review Critical Thinking and Analysis Handout (LBCC Instructor Website)
Review Civil/Criminal Comparison Chart (LBCC Instructor Website)
Writing Assignment 1: ESSAY Question 2 AT TOP OF p. 21 of text.
2 / 01/12
01/14 / 4
3 / Common Law, Statutory Law (Continued)
Dispute Resolution / Review Oregon Court Structure Handout (LBCC Instructor Website)
ROLE PLAY
3 / 01/19
01/21 / 3
9 / Dispute Resolution/Arbitration and Mediation
Intro to Contracts / Review Essential Contract Terms (LBCC Instructor Website)
4 / 01/26
01/28 / 10 through 10-2b; 10-3 through 10-3a; 10-3d through end of chapter.
11 through 11-1c; 11-2b through end of chapter; 12 / Agreement
Consideration; Legality
Agreement/Consideration / Writing Assignment 1: DUE
Writing Assignment 2: Essay Question 4 @ p. 254 of Text
ROLE PLAY 2
5 / 02/02
02/04 / 13 / Capacity and Consent
MIDTERM
6 / 02/09
02/11 / 14 through 14-2c; 14-4;
16 / Written Contracts
Performance and Discharge
Practical Considerations
7 / 02/16
02/18 / 17 through 17-2c; 17-3 to end of chapter / Remedies
Negotiation Strategies / Writing Assignment 2 Due
Review Negotiation Checklist and BATNA Handouts; Review 5 Mistakes to Avoid Handout (Instructor Website)
Writing Assignment 3: Discussion Question 2 @ p. 399 of Text
ROLE PLAY 3
8 / 02/23
02/25 / 19
20 / Introduction to Sales (Battle of the Forms)
Ownership, Risk and Warranties / Review Contracts under the Commercial Code and Battle of the Forms Handouts (Instructor Website)
EXTRA CREDIT ESSSAY:
Under Common Law, what elements are necessary for an offer and acceptance to be valid? Contrast the common law principles of offer and acceptance with the effect of the Uniform Commercial Code on the law of sales contracts in the area of open terms.
9 / 03/01
03/03 / 21
25 / Performance and Remedies
Agency Law / Review Rights and Obligations of the Parties Handout (Instructor Website)
Writing Assignment 3: DUE
ROLE PLAY
10 / 03/08
03/10 / 28
OPEN / Starting a Business / EXTRA CREDIT ESSAY DUE
11 / 03/15 / FINAL EXAM – NSH 208
2:30 p.m. – 4:20 p.m.

GRADING: This class is graded “A” through “F”. Letter grades will be assigned as follows: 90100% = A, 80-89% = B, 70-79% = C, 60-69% = D, Below 60% = F

ELEMENTS OF GRADE / POINT VALUE / PERCENTAGE OF GRADE
Writing Assignments (3) / 20 points/assignment
(60 points total) / 30%
Mid-Term Exam / 55 points / 27.5%
Final Exam / 55 points / 27.5%
Attendance / 10 points / 5%
Role Play / 20 points (5 points each) / 10%
TOTAL / 200 points / 100%
Extra Credit / 10 points / 5%
TOTAL / 210 points / 105%

READING ASSIGNMENTS

It is important to stay current on the reading assignments. I make the assumption that the material due for that day has been read in preparing my lectures. I cannot cover all of the chapter’s materials in class. At the beginning of each class I will ask whether anyone has any questions regarding the reading materials. Please use this opportunity to clarify any issues you have with the reading. Additionally, specific handouts can be found on my LBCC instructor’s website. These handouts are noted in the assignments for each class. Please bring your texts and handouts to class.

NOTE: The date indicated on the assignments noted above is the date by which the reading and/or material should be COMPLETED. In other words, you have an assignment due for the first day of class.

LECTURES

Discussion is crucial to understanding the issues to be addressed in class. There are limited visual aids that I will use from time to time, primarily consisting of my own handouts and charts. The power point materials available with the text are redundant and not particularly insightful. If you have any difficulty in absorbing the issues we discuss, please let me know immediately. Alternatively, you may contact CFAR for assistance (see information below).

WRITING ASSIGNMENTS

This course will require three short essays. Essays shall be concise and no longer than three typewritten pages. The essays are intended to improve both critical thinking and writing skills. Essays shall be formatted and submitted in accordance with the Modern Language Association (MLA) guidelines. All essays are due as noted above and shall be printed and submitted in class on the scheduled due date. Essays shall be formatted and submitted in accordance with the Modern Language Association (MLA) style. Essays submitted late, but within 7 days of the due date shall receive a point deduction of 25%. Essays submitted after day 7 day shall be receive no points.

If you need assistance in preparing and writing your essays please visit or contact the Writing Center (https://www.linnbenton.edu/writing-center). Students can meet with writing assistants one-on-one in drop-in sessions, make an appointment for a 30-minute session, or submit their writing online to the Online Writing Lab (OWL) to discuss any paper in any discipline at any stage of the writing process.

EXAMINATIONS

Exam questions are multiple choice. If you cannot take an exam on the scheduled date you must notify me in advance so alternate arrangements can be made. You must have compelling and documented circumstances in order to be eligible to make-up a missed exam.

CLASS ATTENDANCE

Attendance is crucial. The first absence is free. If you miss more three classes, your points for attendance will be reduced by 50%. If you miss 6 classes, you will receive no points for attendance.

ROLE PLAY

We all bring different experiences into class. With such diversity, we can learn much from one another. Throughout the quarter there will be role plays undertaken in class that are relevant to the creation and negotiation of contracts. Students will be divided into groups and given specific facts and/or roles to play during the session.

EXTRA CREDIT

The extra credit essay is completely optional.

COPYRIGHT, RESPECT, HONESTY, AND PLAGIARISM

LBCC embraces Excellence. We aspire to the highest ideal with honesty and integrity. LBCC does not tolerate any form of cheating, dishonesty, fraud, forgery, copyright violations or plagiarism. Students charged and found responsible for violating these policies will have serious consequences, from failing grade/grades to removal/suspension/expulsion. LBCC expects student to maintain honesty and integrity in all work, communications, and interactions. This means that we show respect for the ideas and expressions of others, respecting their right to own their research and their words. Students are expected to do their own work in class. In classes where group work is permitted/encouraged, students are urged to request clear guidance on what work may be done in group and what work is done only by the individual. For a definition of plagiarism and Academic Integrity, please see:

www.linnbenton.edu/go/studentrights, page 17.

SPECIAL ACCOMMODATIONS

You should meet with your instructor during the first week of class if:

·  You have a documented disability and need accommodations

·  Your instructor needs to know medical information about you

·  You need special arrangements in the event of an emergency

If you have not accessed services and think you may need them, please contact the LBCC Center

For Accessibility Resources office at 541­917­4789.

LBCC STATEMENT ON DIVERSITY AND NONDISCRIMINATION

We believe that the LBCC community is enriched by diversity. Everyone has the right to think, learn, and work in an environment of respect, tolerance, and goodwill. We actively support this right regardless of race, creed, color, sexual orientation, or any countless ways in which we are diverse. LBCC prohibits unlawful discrimination based on race, color, religion, ethnicity, use of native language, national origin, sex, sexual orientation, marital status, disability, veteran status, age, or any other status protected under applicable federal, state, or local laws (for further information http://po.linnbenton.edu/BPsandARs/ ).

KEYS TO SUCCESS

·  Have a positive mindset. Believe in yourself. You can do this, I guaranty it!

·  Have a motivational system. Picture what you can achieve. Identify your goals on a daily, weekly and monthly basis. Don’t only include academic goals, but include social, friendship, health and fitness goals as well.

·  Review and revise work frequently. Build mind maps to summarize what has been learned.

·  Determine what kind of learning style you prefer. Some of us are visual leaners and need images, charts and diagrams to enhance learning. Others are auditory learners and need to listen to tapes or read work aloud. Still others are kinesthetic or physical learners and need active stimulation in learning, perhaps moving or dramatizing. You may need to adapt your learning style to the course curriculum.

·  If you make a mistake, forget or don’t keep to your time table, don’t beat yourself up! Move on and treat it as a learning experience.

·  Persevere – never give up!

GAME: THINK OUTSIDE OF THE BOX

Without lifting your pencil, draw 4 straight, connected lines though all nine dots. Go through each dot only once. If you are having difficulty, LET YOUR IMAGINATION FLOW!!!!

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