TEMPLE UNIVERSITY

THE FOX SCHOOL OF BUSINESS AND MANAGEMENT

Department of Legal Studies

Legal Environment of Business - Law 1101

Professor Samuel D. Hodge, Jr.

SYLLABUS

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Objectives:The legal system affects each of us on a daily basis. Educated citizens, no matter what career path they may choose, should be aware of the ways in which the law impacts their lives in a personal and business setting. This course will introduce students to the essential aspects of law with an emphasis on the legal environment of business and government regulations. Students will learn the basics of contract, tort, property, and administrative law as well as international, corporate and employment law. For instance, the Legal Environment of Business will include a discussion of the types of legal entities one can form to run a business, as well as employer and employee relations. The political, social and economic forces that affect change are also discussed thereby providing guidance as to the future direction of the law in both the United States and around the world. This is also the required business law course in the Fox School of Business and Management.

Book:Legal and Regulatory Environment of Business, 3rd Edition, Hodge, McGraw Hill Publishing Company (2014). ISBN # 978-1259333088.

Class: The first class is January 17, 2017and we will meet on each Tuesday and Thursday from 8:00 a.m. to 9:20 a.m. The last class is on April 27, 2016.May 2, 2017 is a study day.

Goals: At the completion of the course, students should understand: 1) important legaltopics affecting business transactions such as the law of contracts, cyber law, employment lawand torts; 2) they should know and understand the rights, duties and responsibilities of business owners,managers and their accountants, and 3) understand the relative advantages andimplications of different business structures. This course is also designed to develop and strengthen your oral and written communication skills.

Teacher: Samuel D. Hodge, Jr. is a professor of Legal Studies and an award winning teacher who lectures nationally on medical/legal matters. He has published more than 150 articles, two law texts and six medical books. He has been chosen as a top rated attorney in Pennsylvania on multiple occasions and also teaches at Temple Law School. You may learn more about Professor Hodge by visiting

OUTLINE

THE FOLLOWING IS A TENTATIVE OUTLINE OF THE MATERIALS:

WEEK ONE

I. Read Chapter One ---An Introduction to the Legal Environment and Regulatory Environment of Business. Also watch the video entitled Legal Overview.

A.Modern System

1)Common Law – Judge made law

2)Statutory Law – Law made by the legislature

B.Case Analysis

1)Statutory v. Common Law

2)Elements of a Judicial Opinion

3)How to brief a court case

WEEK TWO

I. We will continue working with Chapter One

C.Status and Process

1)Protection of children

2) Protection of the government

3)Protection of the family unit

D.Stare Decisis

1)Provides predictability and uniformity in the law

2)Changing precedent to reflect changing social norms

E.Corporate Governance

F.Legal Research

II.Written Assignment 1will be assigned this week.

WEEK THREE

I. Read Chapter Two---Business Ethics and watch the videos entitled Moral and Ethical Principles, Ethics and Ethics Problems.

A. An overview of ethics

B. Sources of Business Ethics

C. Ethical Theories

D. The Whistleblower

E. Ethics, Law and Privacy

F. Drug Testing

G. Sexual Harassment

H. International Business Ethics

WEEK FOUR

I. Read Chapter Three---The Judicial System and watch the video entitled Judicial System.

A.An Overview of the Court

1)The court as arbiter of a dispute

2)Types of Courts

3)Manner of Selection

B.Federal Courts

1)Types of courts

2)Supreme Court

i.Justices on the court

ii.Judicial philosophies

iii.Current issues

C.State Courts

1)Pennsylvania will be used as an example

D.Juries

II. Written Assignment 2 will be assigned this week.

WEEK FIVE

I.We will continue to work on the Chapter involving the courts.

E.Jurisdiction

1)Subject Matter

2)Jurisdiction over the Person

F.Venue

1)Forum Non Conveniens

G.Standing

H.Full, Faith and Credit Clause

1)Article Four of the Constitution

2)Recognizing the rights of each state

I.Comity – Recognition of the laws of another country in the United States

1)Foreign Judgments

2)Public policy considerations

J.Alternative Dispute Resolution

1)Arbitration

2)Mediation

WEEK SIX

I. Read Chapter Four---Contracts and watch the videos entitled: What is a Contract, Elements of a Contract and the Uniform Commercial Code.

A.Kinds of Contracts

B.Elements of a Contract

1)Offer

2)Acceptance

3)Consideration

4)Legality

5)Capacity

C.Statute of Frauds

D.Uniform Commercial Code

E.Agency

II. Written Assignment 3 will be distributed this week.

WEEK SEVEN

I. Read Chapter Five---Business Torts and watch the videos called Negligence, Intentional Torts and Strict Liability.

A. Kinds of Torts

B. Negligence

1) Duty

2) Breach of Duty

3) Proximate Cause

4) Damages

C. Defenses

D. Imputed Negligence

WEEK EIGHT

I.We will continue to work on the chapter on torts.

E. Intentional Torts

F. Products Liability

G. Trade Disparagement

H. Fraud

WEEK NINE – No class this week because of spring.

WEEKTEN

Read Chapter Seven---White Collar and Other Business Crimes and watch the videos entitled Criminal law in a Business Setting and Confessions.

A.Criminal law as establishing social norms.

B.Types of business crimes

C.Criminal liability for business entities

D.Police Investigations

1) Questioning of a Suspect

i. Voluntary Statements

ii.Miranda Warnings

2)Search and Seizure

i.Expectation of privacy requirement

ii.Police powers v. individual freedoms

iii.Exceptions

II. Written Assignment 4 will be distributed this week.

WEEK ELEVEN

I.We will continue to work on the chapter on Criminal law.

A.Federal v. State response to a criminal prosecution

B.Lineup

C.Arrest

D.Preliminary Arraignment

E.Preliminary Hearing

F.Grand Jury

G.Arraignment

H.Trial

WEEK TWELVE

I.Read Chapter Eight ---Remedies Available in Court and watch the video entitled Remedies.

A.Remedies at Law and Remedies in Equity

B.Compensatory Damages

C.Punitive Damages

D.Nominal Damages

E.Liquidated Damages

F.Injunction

G.Recession and Reformation

H.Declaratory Judgment

I.Specific Performance

WEEK THIRTEEN

I. Read Chapter Nine---Corporate Governance and Business Organization and watch the videos called Corporate Governance.

A.Corporate Governance

B.Sole Proprietorship

C.Partnership

D.Limited Partnership

E.Limited Liability Partnership

F.Family Limited Liability Partnership

G.Corporation

H.Subchapter S Corporation

I.Limited Liability Company

J.Franchises

K.Security Regulations and Investor Protection

WEEK FOURTEEN

I. Read --- Chapter Eleven---International Law and watch the videos called Comparative Law and International law.

A.Corporate Governance and Globalization

B.International Organizations as Sources of Law

C.Scope of International Transactions

D.Risks of International Commerce

E.Principles of Foreign Contract Law

F.Documentary Transactions

G.Principles of Foreign Contract Law

H.Inco Terms

I.Intellectual Property in the Global Environment

J. Comparative Law

WEEK FIFTEEN

1. Read Chapter Twelve---Intellectual Property and Cyberlaw and watch the videos entitled Intellectual Property and E-Contacts

A.Introduction

B.Copyright Law

C.Trademark Infringement

D.Patent

E.Trade Secrets

F.Trademark Dilution

G.Domain Names

H.E-Defamation

I.The Embarrassing Internet Photographs

J. E-Privacy

K.E-Contracts

L.Statute of Frauds

M. Review Cases

N.Internet References

CLASS RULES

1.GRADING

A.Grading is based on a total point score of 150. Points are allocated as follows:

Examinations / 100 Points
Discussion Board / 10 Points
Written Homework Assignments / 40 Points
Total / 150 Points

B.Examinations. There will be two (2) examinations. The first exam is worth forty (40) points. The final is worth sixty (60) points and willbe cumulative. All tests must be taken at the assigned time unless the professor or teaching consultant grants prior written permission. In the absence of an unforeseen emergency or prior written permission, a student who misses an examination will receive an "F" for that test or a score of zero (0) points.

C.Written Homework Assignments. You will be given four (4) written assignments during the semester and each assignment is worth up to ten (10) points. Each assignment is due no later than the start of class on the due date. Missed assignments may notbe made upregardless of the reason. If you attempt to submit an assignment after the start of class, the assignment will not be accepted. It is your responsibility to check those individual grades within two (2) weeks of grade’s posting. Upon the expiration of that two (2) week period, we will notbe able to change an individual grade on a written assignment under any circumstance.

D.Class participation. Class participation is both encouraged and rewarded. The Diamond Peer Scholar will keeptrack of when an individual contributes to the class discussion. At the end of the semester, students who have made exceptional contributions will receive a half-step “participation bump” in their grades. For example, if your contribution is considered exceptional and your points corresponding to a B grade, we will bump you up to a B+. Please note that this bump for participation is discretionary for which we are the sole judges and will be awarded to only those students who make exemplary contributions. When you answer a question in class, please state your name so we can record your participation.

E.Edmodo.This is a discussion board in which you are required to provide comments on the questions posted during the semester.This is worth 10 points of your grade. There will be 10 questions throughout the semester and each is worth one point.

2.ACADEMIC HONESTY

A.All answers must be your own work product. Under no circumstance are you to copy another student’s answer. In other words, these assignments are to be treated like an in-class examination. A violation of this rule can result in the appropriate disciplinary sanctions including charges being brought before the University Disciplinary Counsel. Please note that we have use of computer software that can check for duplicate answers among class members and papers from the Internet.

3.ATTENDANCE

A.Attendance is mandatory. Points will be deducted from your final scores for those students who miss more than three class sessions. In other words, for every missed class beyond three (3), your grade will be lowered a half of a letter grade. For instance, if you miss four (4) classes, a grade of B will be lowered to a B-. If you miss five (5) classes, you grade of B will be lowered to a C+.

4.Poll Everywhere

A.We will use Poll Everywhere to take attendance each day. We will send out an email or distribute a spreadsheet requesting your name, email address, and cell phone number, so that you can register to use this system. We will pay for the registration so you will incur no fees to use this system. It is your responsibility to bring an electronic device to class each day so that your attendance will be counted. To learn more about Poll Anywhere, please visit

5.QUESTIONS ABOUT THE CLASS

A.All questions concerning the course, attendance, grading and other academic issues are to be discussed withthe Teaching Assistants.

6.TIME OF CLASS

A.Classes start at 8:00 a.m. and will end at 9:20 a.m.

7.FINAL EXAMINATION

A.The final exam will beon

8.PROHIBITION AGAINST CHANGING A GRADE

A.University and College policies prohibit the changing of a grade after the grade sheets have been turned into the Registrar.

B.If you are disappointed with your score, please do not ask that your grade be reconsidered or request permission to do an extra-credit project. We are prohibited from accommodating these types of requests.

9. TEMPLE’S POLICY ON STUDENTS AND FACULTY ACADEMIC RIGHTS AND RESPONSIBILITIES:

A.Freedom to teach and freedom to learn are inseparable facets of academic freedom. The University has adopted a policy on Student and Faculty Academic Rights and Responsibilities (Policy #03.70.02) which can be accessed through the following link:

10.DISABILITY

A.Any student who has a need for accommodation based on the impact of a disability should contact me privately to discuss the specific situation as soon as possible.

B.You may also contact Disability Resources and Services at 215-204-1289 in Ritter Annex to coordinate reasonable accommodations for a student with a documented disability.

11.IMPROVING ENGLISH LANGUAGE SKILLS

B.For students interested in improving basic English language skills, the Intensive English Language Program (IELP)at Temple offers small, year round English classes for many proficiency levels. The program teaches all the language skills. For more information about this program please visit:

12. GRADING CURVE FOR THE CLASS

A.The following curve will be used at the end of the semester to determine your final grade:

GRADE / POINTS EARNED
A / 131-150
A- / 126-130
B+ / 123-125
B / 117-122
B- / 112-116
C+ / 108-111
C / 101-107
C- / 96-100
D+ / 94-95
D / 89-93
D- / 84-88
F / 83 & BELOW

13.OFFICE HOURS & CONTACT INFORMATION

A.Our office hours will be posted but will be offered four times a week.

B.Because of the size of the class, we may not be able to respond to an email immediately. Please give us 24 hours to respond, especially if you contact a teaching assistant after 8:00 PM.

A. Professor: Samuel D. Hodge, Jr.

Professor Department of Legal Studies

Alter Hall - Room 464

B. Telephone Numbers:(215) 204-1629 (DepartmentOffice)

(215) 204-8135 (Samuel D. Hodge, Jr.)

C.E-Mail Address:Professor Samuel Hodge, Jr. –

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