LAW 2221

SYLLABUS

SPRING 2012

Sorrell College of Business Vision STATEMENT

Sorrell College of Business will be the first choice for higher business education students in their quest to succeed in a dynamic and global economy. Sorrell College of Business will create the model for 21st century business education and community service.

Sorrell College of Business Mission STATEMENT

Through operations that span the State of Alabama, the United States, and the world, Sorrell College of Business equips our students with the knowledge, skills, abilities and competencies to become organizational and community leaders who make a difference in the global village and global economy. Through this endeavor, we serve students, employers, faculty, and Troy University at large as well as the local and global communities.

Description

This course is an introduction to the fundamental concepts, principles, and rules of law and equity that apply to business activities. This course provides an overview of law in general, the American legal system, federal and state court procedures, effects on law-making by legislative, judicial, and administrative procedures. The course may also include constitutional law, business ethics, contracts, products liability, sales and commercial paper.

Objectives

On completion of the course, the student should be able to:

1. Recognize and understand the scope, extent and importance of the law.

2. Define and differentiate between the various classifications and sources of law.

3. Incorporate business ethics to business principles.

4. Explain and apply basic constitutional rights conferred to US citizens.

5. Know the functions of the federal and state court systems and their procedures.

6. Name, classify, and describe the different types of contracts.

7. Identify the elements to a valid contract, breach, and remedies afforded.

8. Demonstrate analytical skills and reasoning power.

Purpose

To help relate the law to everyday life and to the business world, by conveying the essentials of business law. This course takes the position that students should be more aware of their rights both as citizens and as businesspersons. They should be able to apply basic principles learned in the course to situations faced in day-to-day business operations. This course should also enable students to use their knowledge to function either as part of a company or as an entrepreneur.

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COURSE TITLE/ NUMBER:

LAW 2221 THAC

SCHEDULE: ROOM 147 BIBB GRAVES MWF 2:00 PM

TERM – SPRING 2012

PRE-REQUISET: none

INSTUCTOR: James M. Orendorff, J.D.

OFFICE HOURS – MWF 07:30 AM – 2:00 PM unless teaching class,

or by appointment

OFFICE LOCATION – 285D BIBB GRAVES

OFFICE TELEPHONE - 334.670.3290

E-MAIL -

TEXT – Essentials of Business Law, 4th edition Beatty and Samuelson. Cengage Advantage books

bookstore price estimated not more than$150.00

ISBN – 13: 798-0-538-47380-4

RELATED MATERIALS

The university library, in addition to the Internet, has substantial additional

Informative and instructive materials applicable to the subject matter of this course. Group study rooms, on an as available or reserved basis, are available at the library. Do not hesitate to make use of the available resources and research facilities, and if in doubt make inquiry of the instructor.

SUPPORT MATERIAL

There are available to those with appropriate needs, support classes at Computer

Works, Writing Center, Tutorial Lab, ESL and the American Idiom etc. Pleased see the instructor as soon as possible if you are interested or if your first language is not English.

PROCEDURES

1. Classes: Classes are held as stated above and on the attached tentative

schedule. They are a combination of the instructor’s leadership and supervision of class discussion on the applicable chapter material and presentations. Extensive use of the Socratic Teaching Method will occur. Each student will be expected to attend all classes on a timely manner prepared to discuss the day’s assignment. Each student will be expected to have read the assigned materials and discussed it in the study group prior to class. The method requires full class participation; therefore each student is expected to participate and be prompt, prepared and present.

The instructor’s presentation will not necessarily cover all material of the course for which the student is held responsible.

2. Grades: Grades are based on the results of quizzes, tests, homework assignments and class participation, for assessment of the student’s progress and performance. The final grade for the course will follow a review of the student’s efforts throughout the semester and as determined by the instructor.

Grades for the semester are:

A – for outstanding performance,

B – for excellent performance,

C – for adequate performance,

D – For barely passing performance, and

F – for failure to perform at an acceptable level.

The standards are set by the instructor and timely student inquiry, on a course

matter, is welcomed, but a grade challenge will be considered solely after receipt of the student’s explanatory memorandum. Dr. Henry M. Findley, Chairman of Business Programs of the Sorrell College of Business, and may be contacted in the event resolution is not reached.

3. Examinations. Tests may be essay, true/false, quiz and multiple-choice

questions. Information for the scheduled tests is derived from the text. Grades are the result of combined scores of classroom participation and examinations.

4. Missed examinations. There is no make up for missed examinations or untimely course message delivery.

Except as provided in this paragraph delivery of papers must be on the date set or not at all. Once during the semester if an examination, other than the final, is missed with a reasonable excuse, it may be substituted with a “take home” test; if well answered it will be recorded as a “pass,” there is neither a grade nor a missed test. NOTE: Any arrangement must be arranged no later than 10 days after the examination or due date. If not done the grade of “F” for the missed work will be entered.

Some students, such as athletes, may have schedule program conflicts. The absence may be excused; however if the date is known in advance the student is required to address and make arrangements regarding the absence at the time such knowledge is disclosed. In this way accommodation can be made more appropriately. Excused non attendance does not apply to excuse lack of knowledge of matters covered in the missed class. It is the student’s responsibility to promptly get this information to the instructor.

5. Legal Briefs. For each text “Unit” a legal brief will be prepared of an assigned related topic. The brief will set forth:

(1) the relevant facts,

(2) the problem or issue,

(3) the answer and

(4) an analysis of the basis for the student’s decision.

The lectures and applicable text will provide the information needed to prepare the brief, but not without thoughtful consideration of the matter by the student. This too will be required. Independent research may be used for these briefs.

Each brief should not be less than three pages and contain an introduction, body and summation. The assigned text provides ample information in its various presentations from which a brief can be developed, e.g., case opinions, subject commentary, Appendices, Index, Glossary and Table of Contents. The form and content of the brief will be graded on the matters set forth in the attached evaluation check sheet.

Failure to deliver on time will result in an adjustment of the grade for the message.

6. Policies:

Professionalism. Proper and timely attention to student responsibility is mandatory, and failure will result in grade reduction or other administrative action. Class starts on the hour, when attendance is taken. Excessive unexcused tardiness or absence will result in appropriate action. Each student is expected to be present, prompt, prepared and professional in attitude.

Plagiarism: All work is expected to be that of the named student(s). Plagiarism and other forms of fraudulent behavior are not acceptable and such unacceptable behavior will be appropriately reflected in the student’s grade. For the anti-cheating policy see the Troy University Student Handbook.

ADA: Any student, whose disabilities fall within ADA, must inform the instructor at the beginning of the term of any special needs of equipment necessary to accomplish the requirements of this course. Troy University supports Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which insure that postsecondary students with disabilities have equal access to all academic programs, physical access to all buildings, facilities and events, and are not discriminated against on the basis of disability. Eligible students, with appropriate documentation, will be provided equal opportunity to demonstrate their academic skills and potential through the provision of academic adaptations and reasonable accommodations. Further information, including appropriate contact information, can be found at the link for Troy University’s Office of Human Resources at ttp://www.troy.edu/humanresources/ADAPolicy20

Other Disabilities: Students who have or may be dealing with a disability or learning difficulty should speak with the instructor, contact the Adaptive Needs Office or call 670-3220. Various accommodations are available through the Adaptive Needs Program.

The faculty in the School of Business makes every effort to accommodate unique

And special needs of students with respect to language, speech, hearing, vision seating or other possible disabling conditions. Please notify the instructor the first class day of any special needs.

Cell Phone and other Electronic Devices:

Use of any electronic devise by students in the instructional environment is

prohibited unless explicitly approved on a case-by-case basis by the instructor of record or by the Office of Disability Services in collaboration with the instructor.

Cellular phones, pagers, and other communication devices may be used for emergencies, however, but sending or receiving non-emergency messages is forbidden by the University.

In order to receive emergency messages from the University or family members,

The call receipt indicator on devices must be in the vibration mode or other

unobtrusive mode of indication. Students receiving calls that they believe to be emergency calls must answer quietly without disturbing the teaching environment. If the call is an emergency, they must move unobtrusively and quietly from the instructional area and notify the instructor as soon as reasonably possible. Students who are expecting an emergency call should inform the instructor before the start of the instructional period.

Use of a communication device to violate the Troy University “Standards of Conduct” will result in appropriate disciplinary action (See the Oracle.)

7. Topics of special interest

In preparation by the accounting students for the CPA Exam, emphasis of legal issues that from time-to-time may be part of the examination will be emphasized. This includes: Agency, Contracts, Sales and Secured Transactions, Negotiable Instruments, etc., Debtor- Creditor Relationships and Entity Regulation as well as Ethics and Professional Responsibilities.

Chapter Preliminary Study Schedule for January 11 – May 1

Symbols x these chapters will not be presented, there will be others

THIS IS THE FIRST USE OF TsHIS TEXT SO THERE WILL BE ADJUUSTMENTS.

Environment UNIT 1 January 20 test & memo

1.  Introduction

2.  Ethics and social responsibility MEMO constitution and commerce

3.  Dispute resolution inter and intra state jurisdiction

4.  Common law, statutory law and administrative law

5.  Constitutional law

6.  Torts x

7.  Crime x

8.  International law x

Contracts UNIT 2 February 28 test & memo due

9 introduction

10 agreement MEMO implied vs. express contracts

11 consideration as to parties and third

12 legality persons compared

13 capacity and consent

14 written contracts

15 third persons

16 performance and discharge

17 remedies

March 12 – 18 Spring Break

Commercial Transactions UNIT 3

18 Introduction to sales MEMO March 19 test & memo due

19 ownership and risk

20 warranties and product liability UCC changes in common law

21 performance and remedies and commerce

22 creating a negotiable instrument

23 liability for negotiable instruments

24 bank liability

25 secured transactions

26 bankruptcy

Business organizations and property UNIT 4 MEMO April 16 test & memo due

27 agency

28 employment law

29 starting a business LLC etc. MEMO what goals are met by

30 corporations each entity

31 securities regulation

32 property

33 cyber law

34 intellectual property

Review April 18, 20, 23, 25 & 27 Classes end May 1

Citation to articles of use and interest for law briefs

A Handout and Text

1 TEN STEPS TO ACADEMIC SUCCESS

2 WHAT IS GOOD BUSINESS WRITING?

3 NOTE: Chapters 9, 10 11 & 12 text Essentials of Business Communication GUFFEY provides a good foundation for course

B Study

1 EFFECTIVE STUDY SKILLS

http:/www.wikihow/Study

Dr. Bob Kizlik

http://www.adprima.com/studyout.htm

C BRIEF, RESEARCH,MEMORANDUM AND OUTLINE

1 HOW TO MAKE AN OUTLINE

University of Washington

Psychology Writing Center

outline.plf

2 TYPES OF OUTLINES AND SAMPLES

OWL at Purdue

http://owl.english.purdue.edu.owl/rfesource/544/3/

3. HOW TO BRIEF A CASE

Lloyd Sealy Library

http://www.lib.jjay.cuny.edu/research/brirf.hyml

4 WRITING THE RESEARCH PAPER

Academic Skills Center, Dartmouth College 2001

Notes:

1