BAD 240-01
BUSINESS LAW Robert
A. Miller
Tues/Thur 8:30-9:45 Fall 2009
Room: TBA
The life of the law has not been logic; it
has been experience. The felt necessities of the time, the prevalent
moral and political theories, intuitions of public policy, avowed or
unconscious, even the prejudices which judges share with their fellow-man, have
had a good deal more to do than the syllogism in determining the rules by which
men should be governed. The law embodies the story of a nationÕs development
through many centuries.
Justice Oliver Wendell Holmes
THE COMMON LAW, page 1.
The course, which covers the major areas of business law in one
semester, is language intensive and involves both lecture and discussion.
It requires extensive reading and a facile, inquisitive and analytical
mind. Students are expected to adequately prepare for class by reading
the assigned materials prior to class and to actively participate in class
discussions. Readings for each class and test dates are listed below.
Individual class assignments will be handed out on a separate sheet.
Students are also expected to adhere to the highest standards of personal
integrity and honesty in all aspects of their class work. There are no
prerequisites for the course. Syllabus is subject to revision(s) as the
semester progresses.
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Course Objectives: 1) To create an atmosphere that is conducive to
collaborative learning and that fosters a rigorous analysis of the issues central to
understanding the legal,
ethical, international and e-commerce environments of business. 2)
To understand
and be able to apply the basic steps in legal reasoning. 3)
To understand legal terminology and principles. 4)
To demonstrate a facility to use the internet to find basic information
regarding legal issues as they relate to
business. |
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CLASS |
DATE |
CHAPTER(S) |
TOPICS |
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1
Tues 2
Thur |
Sept. 01 Sept.
03 |
Handouts |
INTRODUCTIONS: Requirements; Overview; Objectives Business Law in Context What is Law? Ethics? Is law
immutable? What is the Magna Carta? What is democracy? government? WhatÕs
Happening? Legal
Eagle/Case Analysis Summary
of Previous Class Legislative
Worksheet Article: Shaming
Young Mothers (New York Times) |
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3
Tues |
Sept.
08 |
1,
7 Page
32-33 |
What is Law? Justice?
Ethics? Distinguish: A) Law
and Ethics, B) Duty-based Ethics and Utilitarianism, C) Case law and Common
Law, D) Law and Equity, E) Civil Law and Criminal Law, F) Statutory Law and
Procedural Law Identify: A) Sources of
ÒLawÓ, B)
the Basic Steps in Legal Reasoning? Discuss Reading and
Understanding Case Law Discuss Law as a language:
Legal terminology WhatÕs
Happening?: As
assigned Summary
of Previous Class: As assigned Legal
Eagle: As assigned Case
Analysis: As assigned A
Sample Court Case |
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CLASS |
DATE |
CHAPTER(S) |
TOPICS |
|
4 Thur |
Sept.
10 |
1,
7 |
What is É continued.
Meaning of Holmes quotation. Discuss
various approaches to ethical reasoning. What
does the text mean by ÒEthical ToneÓ? WhatÕs
Happening?: As
assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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5
Tues |
Sept.
15 |
7
continued |
Ethics and Business
Decision Making INTRODUCTORY E-MAIL DUE Distinguish: Law and
Ethic Discuss various approaches
to ethical reasoning. Discuss maximizing profit;
Optimizing employees / stakeholders Identify: A) Foreign Corrupt practices Act; B) Sarbanes-Oxley Act WhatÕs
Happening? As
assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
|
6 Thur |
Sept.
17 |
02
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Constitutional Law
Discuss: A) Forming a
Government and the Grant of Powers; B)Commerce Clause WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
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7
Tues |
Sept.
22 |
02 |
Constitutional LawÉ continued Business and the Bill of
Rights Due Process and Equal
Protection WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
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8 Thur |
Sept.
24 |
1, 2, 7 |
QUIZ #1: Law, Ethics, Constitutional Law |
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9
Tues |
Sept.
23 |
3 |
The Judicial System Distinguish:
Negotiation, Mediation, Arbitration, Litigation, War Distinguish: A)
Jurisdiction and Venue, B) Personal Jurisdiction and Subject Matter
Jurisdiction, C) Federal Court, State Court, and ADR Identify: A) the Steps in
a Lawsuit, B) Pretrial Motions, C) Post trial Motions Discuss Legal Research
Resources on the Internet WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
|
10 Thur |
Oct.
01 |
4,
6 |
Intentional Torts and
Crimes Distinguish: A) a Tort and
a Crime, B) Civil Law and Criminal Law Distinguish: A)
Intentional Tort, B) Negligence, C) Strict Liability, D) Cyber Tort Distinguish: A)
Intentional Torts against Persons, Intentional Torts against Property, C)
Business Torts Discuss the Elements of
Criminal Liability Identify the steps in a
Criminal Case WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
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CLASS |
DATE |
CHAPTER(S) |
TOPICS |
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11
Tues |
Oct.
06 |
4
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Torts: Negligence Identify: A) the elements
necessary to establish a case in Negligence, B) Defenses to Negligence, C)
Special Negligence Doctrines/Statutes WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
|
1
Thur |
Oct.
08 |
18 |
Torts: Strict Liability What is meant by ÒStrict
LiabilityÓ? WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis Product
Liability Strict
Product Liability |
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13
Tues |
Oct . 13 |
36,
37, 5 |
Property: Real, Personal,
Intellectual Discuss and distinguish
the various Forms of Intellectual Property Discuss Copyright
Infringement WhatÕs Happening? Summary
of Previous Class Legal
Eagle/Case Analysis |
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14 Thur |
Oct.
15 |
3-6, 18, 36,37 |
QUIZ #2: Judicial System, Crimes, Torts, Property |
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15
Tues |
Oct.
20 |
24 |
Agency Law WhatÕs
Happening? Summary
of Previous Class Legal
Eagle/Case Analysis Case:
Industrial Molded Plastics |
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16 Thur |
Oct.
22 |
25-27 |
Business Organizations Sole Proprietorships and
Partnerships WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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17
Tues |
Oct.
27 |
28,29 |
Corporations: Formation, Officers, Directors, Shareholders WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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18 Thur |
Oct.
29 |
24-29 |
QUIZ #3: Agency, Partnerships, Corporations |
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19
Tues |
Nov.
03 |
8 |
Contracts: Nature and
Classification Terms, Elements, Types,
Interpretation of Contracts Legislative Worksheet Due WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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20 Thur |
Nov.
05 |
9,
15 |
Contract Formation: Offer
and Acceptance (Common Law/Sales) WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned
|
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21
Tues |
Nov.
10 |
9,
10, 11 |
Contracts: Consideration,
Capacity, Assent, Statute of Frauds WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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CLASS |
|
CHAPTER(S) |
TOPICS |
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22 Thur |
Nov.
12 |
12,
13, 17 |
Contracts: Third Party
Beneficiaries, Performance,
Discharge, Breach , Remedies
(Common law and Sales Contracts) WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
|
23
Tues |
Nov.
17 |
14,
16, 36 |
Contracts:
Risk-of-Loss, E-Contracts, Bailments WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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24 Thur |
Nov.
19 |
8-17, 36 |
QUIZ #4: Contracts |
|
25
Tues |
Nov.
24 |
19,
20 |
Negotiable Instruments WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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26 Thur |
Nov.
26 |
NO
CLASS |
H A P P
Y T H A N K S G I V
I N G |
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27
Tues |
Dec.
01 |
24-27 |
Secured Transactions WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal Eagle/Case Analysis:
As assigned |
|
28 Thur |
Dec.
03 |
19-23 |
QUIZ #5: Negotiable
Instruments, Secured Transactions, Banking, CreditorsÕ Rights, Bankruptcy |
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29
Tues |
Dec.
08 |
31-35 |
Government Regulation |
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30 Thur |
Dec. 10 |
38,
39 |
Insurance, Wills, Trusts,
International Law WhatÕs
Happening?: As assigned Summary
of Previous Class: As assigned Legal
Eagle/Case Analysis: As assigned |
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Text:
Business Law Today, Text and
Summarized Cases, Standard Edition, Eighth Edition Miller,
Jentz West,
Thompson, South-Western Publishers, Eighth Edition –
2008 ISBN 9780324654554 |
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REQUIREMENTS/GRADES: |
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Five quizzes:
Quiz #
1: Thursday, September 24th; Quiz # 2: Thursday, October 15th,
Quiz # 3: Thursday,
October 29th; Quiz # 4: Thursday, November 19th,
Quiz # 5: Thursday, December 03rd These
are open-book/open-note quizzes that will test your reading comprehension of
the text, as well as your ability to apply the material presented in class
through lectures, discussions and handouts. Spot Quizzes: an unknown number of spot quizzes at the
beginning or end of a class. |
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PLUS (No points but Pass/Fail
– required to complete the course and earn a grade: Legal Eagle, Case
Presentation, Ethics Discussion Summary of Previous Class WhatÕs Happening? Legislative
Worksheet Introductory e-mail Attendance |
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Legal Eagle, Case
Presentation and/or Ethics Discussion (As
assigned) Each student will be assigned one (1) class period during which s/he
assumes the responsibility of being the Legal Eagle for that class. As
Legal Eagle the student is responsible for: 1) responding to questions from the Professor regarding the readings
assigned for that day, 2) being actively involved in class discussion, and 3) presenting a case study illustrating one
of the issues under discussion. In
presenting the case the student must:
A) state the facts of the case,
B) identify the issue before the court,
C) explain the rationale for the courts decision, and
D) take a position on the issue and explain your rationale for
concurring or dissenting with the courtÕs
Opinion. |
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Summary of Previous
Class (As assigned) Each
student will be assigned one (1) class period during which s/he assumes the
responsibility of responding to questions from the professor and/or class
regarding material presented in the previous class. This may take place
at the beginning of a class period or anytime during a class period where
material from the previous class comes up for discussion. |
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WhatÕs
Happening? (As assigned)
Each student will be assigned a class period, at the beginning of
which, s/he will be asked to present a two (2) minute news brief, summarizing
an article, newspaper clipping, or news report relevant to the legal aspects
of the course. Use a format similar to that of a TV news anchor.
The subject matter of the news brief does not have to correspond to the
subject matter of that particular dayÕs class, but must have a legal
relevancy. |
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Introductory e-mail [ Due
September 15th ] E-mail report to me (ramiller
@email.dom.edu) that includes the following: 1) Answer the question ÒWho are you?Ó three different
ways. 2) List three goals for this
course, ie what you wish to accomplish in taking
this course. This will
be returned to you at the end of the term for your evaluation
of how well you met these goals. 3) Please identify your major. 4) Anything else about yourself you wish to add or
you feel I should be aware of or know. |
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Legislative Worksheet [Due: November 03rd] |
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Attendance Class
discussion and interaction are central to the course. If you
are unable to attend a particular class, you must send an e-mail
notifying the professor that you will be unable to attend. |
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FINAL GRADES A = 90.0 to 100.0
points B = 80.0 to 89.9
points C = 70.0 to
79.9 points D = 60.0 to 69.9 points F = 59.9 and below |
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ROBERT
A. MILLER Office:
Fine Arts 218A 708-524-6961 ramiller@email.dom.edu Office hours by appointment
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