Instructor: Cheryl Davisson Gracie, Attorney, CPA, RCC

BMG 111: Business Law 1

Winter 2010

Instructor: Cheryl Davisson Gracie, Attorney, CPA, RCC

Office: BE 214 (office hours posted and/or by appointment)

Phone: 973-3481

E-mail:

Class Web Site: http://blackboard.wccnet.org/ [1]

Textbook:

·  Business Law Today, The Essentials, 8th Ed, Miller & Jentz, ISBN: 0-324-60134-4 (Required) (This is a custom edition for the 8th ed. It does not include the chapters we do not cover.)

·  A handout entitled “BMG 111: Business Law 1 Class Handouts” will be made available as a course pack to purchase. This is REQUIRED material.

Other Required Materials:

o  E-mail account for use with Blackboard (BB)[2] IMPORTANT!!!!

o  Internet access (either home, work, or through the college labs)[3]

o  Notebook paper (with smooth edges), that can be used in class and turned into the instructor.

Course Objective: To explore the legal principles that underlie business law in the context of real world situations that expose businesses to potential liability, particularly in the areas of torts, contracts, property and negotiable instruments. The other, more important objective is to HAVE FUN!!!!!

Grading

Item / Criteria / Points /
Class Attendance / Conditions for Earning Points
You must attend substantially all of a class session. If you miss more than 15 minutes of class, you will not earn any points.
However, if you were present for more than ½ of the class meeting, you may discuss a reduced point award by visiting me in my office during office hours.
Attendance points are recorded daily. You are responsible for checking your grades on a regular basis to ensure you have been awarded all points earned. All adjustments to attendance must be made within 2 weeks of the point award.
Point Structure
You earn 1 point for each class session that you attend.
In addition, if you miss more than 5 classes you will have your grade reduced by 3 points for each class missed in excess of 5. If you miss more than 3 classes in the first three weeks of class or 5 classes in the first 5 weeks of class, I may exercise my right to withdraw you from the class.
Make-Up Policy
None.
DON’T MISS CLASS!!!!! / 30
Quizzes (unannounced) / Chapter Quizzes
Chapter Quizzes that are given in class are worth 2 points. NO MAKE-UPS. Be to class on time and be present for our scheduled meeting or lose the points.
The quiz questions are taken from the chapter quiz questions that are available on our publisher’s web site. So, feel free to practice and prepare!
Approximately 7 quizzes will be given but I will not announce when they will be given.
All Chapter Quiz points earned in excess of 10 points will be considered “replacement” points.
Practice Quizzes
Practice Quizzes are worth only 1 point and are given in the discretion of the instructor. All Practice Quiz points earned are considered “replacement” points. These points are intended to be awarded for exceptional work. / 10
Exams / There will be three exams. Exams are given in class as scheduled or in the testing center in my discretion. Exams in the testing center are available to take for at least a week. (This should give you ample time to arrange your schedule.)
Exams are a combination of multiple choice and essay questions. Chapter readings are tested through Online Chapter Quiz questions, (that you can practice). The remaining questions cover class discussions of the assignments.
Chapters / Points
Exam #1: Chapters 1, 3, 4 & 5 / 25
Exam #2: Chapters 7, 8, 9, & 10 / 25
Exam #3: Chapters 23 & 24 / 10
/ 60

Letter Grades:

Letter grades are awarded based on the total number of points earned according to the following table. WCC does not provide a grade of A+.

A / 93 points or above
A- / 90 – 92 points
B+ / 87 – 89 points
B / 83 – 86 points
B- / 80 – 82 points
C+ / 77 – 79 points
C / 73 – 76 points
C- / 70 – 72 points
D+ / 67 – 69 points
D / 63 – 66 points
D- / 60 – 62 points
F / Failing -- 59 or fewer points

Make-up Policy

Basically, there is NO provision for making up work. If you miss class or miss a quiz, you have missed the opportunity to earn the points. However, it is possible to earn “replacement” points that can replace lost grade points in the following ways.

Type of Replacement / Requirements for Earning / Maximum Replacement Points Possible /
Earn Excess Quiz Points / Points earned on quizzes in excess of 10 points qualify for “replacement” points. / 10
Take an exam with a penalty / You may re-take or make-up Exam #1 or Exam #2 during the last week of the term at a 5 point penalty. Make-up exams are available in the testing center for the final week of the term.
Qualifying to re-take an exam without penalty
If you have attended 80% of the scheduled class sessions by the 25th lesson, you may make up one exam of your choice without penalty by notifying me that you have met requirements to waive the penalty.
It is your responsibility to notify me in a synchronous conversation during my office hours of your desire to make up the exam. (Email and other forms of asynchronous communication such as leaving a message on the phone are not acceptable.)
Although I will make every attempt to grade make-up exams in time to process grades, this is not guaranteed. You agree by taking a make-up exam that you may receive an incomplete for your grade that will be processed into a letter grade within the first 2 weeks of the following term. / No limitation
Student earns their “best” grade for the exam.

CLASS SCHEDULE

The following class policies apply to the schedule.

1. Assignments /Preparations are due at the BEGINNING of class.
   

·  Quiz: Where a Chapter Quiz is indicated, you are expected to study for it using assigned readings, notes from class but in particular the online quizzes available from the textbook publisher through our class web site. Dates shown for quizzes are tentative only. I will give the quiz listed at the time I feel best suits the learning experience of the class but never before the date listed on the schedule.

·  Case: Where a Case is assigned, you are expected to read the handout on the case BEFORE class and attempt to answer the questions asked in preparation for our class discussions. The questions asked are meant to help you prepare for our class discussions by helping you identify the legal rules at issue and the facts that will determine the outcome of the case. (You are only expected to review the questions. However, you don’t want to come to class without having made any attempt to review the materials.)

You should take advantage of class discussions to perfect and finalize your understanding of the case. Our class discussions will cover the concepts that you need to know.
These cases illustrate legal concepts and our class discussions are used to further your understanding of these concepts. THERE IS NO WRONG OR RIGHT ANSWER TO THESE CASES. The questions that follow these cases will not appear on an exam. They are meant as study guides.

·  CDSG: Where a Class Discussion Study Guide (CDSG) is assigned, you are expected to read the handout on the case BEFORE class and review the questions asked. You are expected to take notes on the materials covered in the handouts during class discussions.

1. Exams: Exams are given in the testing center and are available to take for the dates indicated. If time permits, I may use a class period to provide time for you to take the exam. However, this will not affect your ability to take the exam as scheduled in the testing center.
   
2. Attendance: I will take attendance at the time I find suitable. (Don’t plan on a particular time each class session.) If you miss more than 15 minutes of scheduled class time, you will not earn points for attending class. But, we encourage you to join in our class and benefit from the learning experience.

THIS SCHEDULE IS SUBJECT TO CHANGE BY THE INSTRUCTOR TO ACCOMMODATE CLASS NEEDS. All changes will be announced in class and significant changes will be reported on the class web site.

Lesson / Date
MW / Date
TR / Topics / Major Assignments / Assignments / Preparations
(Students should review these assignments BEFORE class.) /
1 / M
01/11 / T
01/12 / Orientation
Syllabus Requirements
WCC Requirements: Key Dates
Case and CDSG Requirements
The Nature of Law / CDSG: The Nature of Law
2 / W
01/13 / R
01/14 / Review of requirements of course / Quiz on requirements of syllabus, case analysis and other class requirements
Unit 1: Foundations of American Law
Basic Structure of American Law / Read Chapter 1: The Historical and Constitutional Foundations (1/2 chapter through page 18)
Three Sources of Legal Authority in America (Federal, State, and Local) / CDSG: Three Sources of Legal Authority in the United States
Three Branches of Government, Separation of Powers through Checks and Balances / CDSG: Three Branches of Government
Division of Power between Federal and State Authorities and operation of the Supremacy Clause / CDSG: Supremacy Clause
The “balancing” of state need in context of Commerce Clause / Case 1-2 Commerce Clause
Case 1-4 Supremacy Clause
Martin Luther King Holiday M 1/18
3 / W
01/20 / T
01/19 / Basic Structure of American Law (continued) / Read Chapter 1: The Historical and Constitutional Foundations (finish chapter through page 45 which will include the Appendix)
Quiz Chapter 1
Statutory vs Common Law / CDSG: Statutory vs Common Law
Civil vs Criminal Law / CDSG: Civil vs Criminal Law
Equity vs. Law / CDSG: Equity vs Law
Free Speech as an example of conflicting considerations / Case 1-1: Commercial Speech
4 / M
01/25 / R
01/21 / Anatomy of a Case
(includes Statutes of Limitation and Repose) / Chapter 3: Courts and Alternative Dispute Resolution, through page 93
CDSG: Process of a Court Trial
Jurisdiction
·  Types
·  State vs Federal
·  Long-arm, Statutes
·  Venue / Case 3-1 Jurisdiction
Jurisdiction on the Internet / Case 3-2 Jurisdiction
5 / W
01/27 / T
01/26 / Anatomy of a Case (continued) / Chapter 3: Courts and Alternative Dispute Resolution, finish Chapter through page 107
Quiz Chapter 3
The process of an appeal / Case 3-5 The Appellate Process
Standing / Case 3-3 Standing to Sue
Jury selection and “bias” / Case 3-4 The Role of the Jury
Negotiation, mediation, and arbitration vs full trial / CDSG: Negotiation, mediation, and arbitration vs. full trials
6 / M
02/01 / R
01/28 / Torts: Negligence / Chapter 4: Torts and Cyber torts (Negligence pages 122 through 131)
The Nature of Torts (Diagram) / CDSG: The Nature of Torts
Reasonable Person Concept and Duty of Care
·  Standards of care
·  Criminal vs civil intent
·  Subjective vs Objective Intent / CDSG: Reasonable Person and Duty of Care
Causation (Actual vs Proximate) / Case 4-1 Causation
Negligence
·  Duty
·  Breach
·  Causation (Actual)
·  Causation (Proximate) / CDSG: Negligence
Case 4-2 Negligence: Business Invitees
Case 4-3 Negligence: Plaintiff’s Negligence
Case 4-4 Negligence: Mary
Case 4-5 Negligence: Duty of Care
Res Ipsa Loquitur / 4-6 Negligence: Res Ipsa Loquitur
7 / W
02/03 / T
02/02 / Torts: Strict Liability and Intentional Torts / Chapter 4: Torts and Cyber torts (Negligence and Strict Liability pages 131 through 137 and pages 111 through 121)
Quiz Chapter 4
Strict Liability: Product Liability / CDSG: Strict Liability
Case 4-7 Strict Liability
Intentional Torts / CDSG: Intentional Torts ASSIGNMENT
Defamation / Case 4-8 Defamation
8 / M
02/08 / R
02/04 / Torts Review
9 / W
02/10 / T
02/09 / Intellectual Property / Read Chapter 5: Intellectual Property and Internet Law
Quiz Chapter 5
Overview of Intellectual Property Law / CDSG: Intellectual Property Law
Specific Applications
Trademarks
Patents
Copyrights
Trade Secrets
International Implications
10 / M
02/15 / R
02/11 / Catch up day
Exam Review / In the discretion of the instructor, we will complete class discussion of previous class sessions.
Exam Review Instructor will entertain student questions.
11 / W
02/17 / T
02/16 / Exam #1 (if taken in class) / May be used as a catch up day if needed in which case everyone takes exam in testing center
Exam
Due / W
02/07 thru 02/24 / T
02/16 thru 02/23 / Testing Center Date MAY NOT APPLY
These dates only apply if the exam is taken in class as announced in class.
12 / M
02/22 / R
02/18 / Unit 2: Contracts
Overview of Contracts / Read Chapter 7: Nature, Classification, Agreement, and Consideration, pages 202 through 219
The Nature of Contracts
·  Diagram
·  Three issues
o  Formation,
o  Interpretation,
o  Damages / CDSG: The Nature of Contracts
Contractual Intent
·  Subjective vs Objective
·  Legally Bound / CDSG: Contractual Intent
Terms of a contract
·  express vs implied
·  interpretation issues / CDSG: Terms of a Contract
Traditional Requirements / CDSG: Traditional Requirements of Contracts
Requirement for Agreement
·  Offer
·  Acceptance / Case 7-1 Express versus Implied Terms of Contracts
Case 7-2 Intent to be Legally Bound: Mr. Desperate and Ms Gorgeous