2020 Syllabus Spring B Law 341 updated Jan 13 2020.1 (15) PDF

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B LAW 341 Business Law I Spring 2020 Syllabus Section 005: Tuesday and Thursday 1:35 p.m. – 2:50 p.m. 110 Business Building Credits: 3.0 INSTRUCTOR:

Karen E. Maull Clinical Assistant Professor of Business Law 364 Business Building Phone: (814) 867-4769 E-mail: [email protected] Office Hours: Wed. 1:00 p.m. – 4:00 p.m. Additional days/times available by appointment

WARNING: ATTEND YOUR ASSIGNED SECTION’S CLASSES AND EXAMS. Various instructors teach other sections of this course. They may present material in different order with different emphasis. Also, Prof. Maull creates separate exams for each of her sections and tailors each exam to specific class discussions within each individual section. You MUST take the exam with your correct section; therefore, you place yourself at a disadvantage if you attend the incorrect class section. OFFICE HOUR POLICIES: 1. Preparation: Please come to office hours prepared. Consider your question(s) and bring hard copy of your notes from 1) the relevant class(es) and 2) assigned reading. If you miss a particular class, it is your responsibility to complete the course reading, review a classmate’s lecture notes, and construct your own notes prior to meeting with me. 2. Illness Policy: If you are ill, please do not attend “live” office hours; instead, either plan to attend office hours on another day, or I am happy to set up a telephone or remote electronic (Facetime, Skype, Adobe Connect, Google Chat) conference with you at a mutually convenient time.

REQUIRED MATERIALS: Roger Le Roy Miller, Business Law Today: Text and Summarized Cases, Standard Edition 12th Edition (2020 Cengage Learning). (ISBN number depends on text format you select – see below). Some purchase options include access to the publisher’s online text resource MindTap. MindTap is optional—see below for more information. To obtain the appropriate text for this course, you may purchase or rent any ONE of the following versions of the text (all below offer the same materials but in different formats):

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PSU Bookstore: LooseLeaf Version Bundled with MindTap access for 1 semester: ISBN: 9780357209370. If using the bookstore’s online ordering system, use the following: “Department” = BLAW; “Course” = 243; “Section” = Choose your section from DropDown list; OR

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Non-PSU Bookstore (may not include MindTap access): o Soft-cover Edition: ISBN: 978-0-357-03816-1 (likely very expensive) o Loose-leaf Edition: ISBN: 978-0-357-03028-8 OR 9780357209370

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Cengage (publisher) ePack: Digital Loose-Leaf version 12th edition + MindTap Business Law for 1 term (6 Months) Instant Access: ISBN: 9780357038161 (Available direct from Publisher at www.cengagebrain.com) (Note: this is an ELECTRONIC version only – no “hard copy” of text) OR

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Cengage Unlimited: $119 for one semester access to ALL Cengage materials for ALL of your courses that assign a text published by Cengage. (See information below for detailed description). To purchase, go to the PSU bookstore or purchase direct from the publisher by using link https://www.cengage.com/unlimited and following the instructions provided; OR

Even if you do not use Cengage Unlimited, you can rent or purchase the original text from the publisher with access to MindTap (MindTap is optional—see below for more information). Text Purchases from Third Party Sources (ie. Amazon, Kindle, etc.): You may also rent or purchase the text from third party sources, but versions from third party providers may not include MindTap access. In addition, please be aware that third party electronic rental versions of the text often omit or change page numbering. If you choose to rent one of these third party electronic versions, it is up to you to compare your third party electronic version to an “official” version of the text so you can follow the syllabus. (Third party versions of the correct text have the SAME content in the same order as “official” PSU bookstore or publisher versions, but may either omit or change page numbering (page number omission may make the syllabus more difficult to follow.) Cengage Unlimited -- POTENTIAL MONEY-SAVING PURCHASE OPTION: You can choose to purchase a digital course text through Cengage Unlimited—a digital subscription service designed to save you a lot of money. Cengage Unlimited can be purchased from the PSU bookstore or direct from the publisher. With Cengage Unlimited, you can access ANY Cengage materials (including MindTap) you’re using across ALL of your courses AND a library of over 22,000 ebooks, study guides and reference materials. If you use Cengage materials in more than one course this semester, this option may save you a lot of money. Cengage Unlimited costs $119.99 for one term (four months), $179.99 for a multi-term (12 month) subscription or $239.99 for a multi-term (24-month) subscription.

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You also get a print rental for a low additional fee ($7.99 + free shipping) when you activate your Cengage Unlimited account. When your subscription ends, you can choose up to six ebooks to retain in your virtual locker for an additional 12 months. You can purchase access to Cengage Unlimited in the college bookstore or at www.cengage.com. NOTE: Financial Aid students should purchase access to Cengage Unlimited from the college bookstore.

Price

Materials Included

Print Rental Access to Additional Study Guides Prepared by Publisher Access to Reference Materials Prepared by Publisher

Platform + textbook $103.00 (PSU Bookstore) Looseleaf text and access to Mindtap. You own the text forever. Mindtap access for this course during current semester only.

Cengage Unlimited Subscription  $119.99 for 4-month access  $179.99 for 1-year access  $239.99 for 2-year access

Only the materials required for this course.

Your required course materials + access to the entire Cengage catalog including 20,000+ ebooks across 70 disciplines.

Not needed – text included

Yes. Just pay $7.99 + free Shipping

No

Yes

No

Yes

Additional Registration/Purchasing Support for Cengage Unlimited Should you need additional guidance, please visit www.cengage.com/start-strong. Caution: When purchasing the text, be aware of the following: 1) Make SURE you obtain the 12th edition of the text! Older editions are DIFFERENT! 2) Make sure the title on the cover includes the term “Standard Edition” (in the line below Business Law Today). DO NOT buy the book that says “Essentials” in the line below Business Law Today. 3) Make sure to obtain a text with the correct ISBN number (see list above). 4) Kindle and Amazon e-book versions of the textbook have DIFFERENT page numbering than the versions listed above. Our syllabus page numbering does not correspond with Kindle and Amazon book versions. Page 3 of 30

MindTap --SUPPLEMENTAL ONLINE MATERIALS (OPTIONAL): Students who purchase a new copy of the text or who purchase through Cengage Unlimited will have access to MindTap. MindTap is an optional integrated on-line learning system designed by the publisher that contains the e-book, practice assessments, “Brief Hypotheticals,” “Case Problem Blueprints,” online in-text note taking functions, a “read aloud” capability (for those who would like to hear the text read orally), and other useful features. You are not required to use MindTap. It is intended as an optional helpful study tool. In my experience, students who have used MindTap have found the resource very helpful for exam preparation; however, no required course assignments, tests, quizzes, etc. will be posted on MindTap. Also, no course grades will be posted on MindTap. For those who purchase a text without using Cengage Unlimited, to register for MindTap use the “MindTap Registration Instructions” located on our Canvas “Modules” page under the “Course Administration” module. (Please note: the “MindTap Registration Instructions” posted on our Canvas site INCLUDE the “Course Key” number referenced in the instructions.” (The MindTap Registration Instructions” may not be available during the first week of class, but will be posted as early in the semester as possible.) In the alternative, you may also refer to the MindTap registration instructions in your textbook, OR connect to the internet, go to http://login.cengagebrain.com, and follow the instructions provided. (You will need the “Course Key” number referenced above.) The MindTap section in the back of the text also provides information on the study tools available and instructions on using the system. For those who purchase via Cengage Unlimited, MindTap will automatically be included in the resource. OVERVIEW: Welcome to Business Law 341! The objectives of this course are: 1) to provide students with an understanding of fundamental law and regulations that arise in a business context; 2) to aid development of critical thinking skills; and 3) to enhance students’ abilities as future business leaders to identify legal issues that may arise in a business transaction and to make business decisions that lead to courses of action consistent with applicable laws and regulations. In this context, the course will cover topics such as the American legal system, torts, contracts, intellectual property, employment law, and significant international legal frameworks. Classes will utilize lecture format with a blend of interactive formats to facilitate critical analysis of the course content, to assist in the identification of issues, and to foster the development and use of advanced reasoning skills. Student participation is critical to the success of your learning experience. To that end, students are heavily encouraged to voluntarily participate in class discussion. Classes will be grouped into three subject modules. An examination will follow each module. The subject of each module is as follows: Page 4 of 30

Module 1:

INTRODUCTION TO THE LEGAL ENVIRONMENT AND TORT LAW

Module 2:

CONTRACT LAW

Module 3:

EMPLOYMENT, INTELLECTUAL PROPERTY, and INTERNATIONAL LAW

I look forward to a fun, educational, and rewarding semester for all. READING ASSIGNMENTS: The “tentative class schedule” (below) contains a list of topics that we will cover in each class and required reading. This tentative class schedule is subject to change. CHECK CANVAS FREQUENTLY for updated assignments. Any additional required readings and/or materials will be assigned in class and/or via CANVAS. All materials assigned will be available in the text, through the class CANVAS site, or on electronic reserve. Electronic reserve materials will be listed on the CANVAS site. CLASS SCHEDULE (SYLLABUS): This schedule is subject to change. Please check the CANVAS site frequently for updated assignments. (Exam dates are very unlikely to change. Please plan to attend every exam as scheduled below.) MODULE 1 INTRODUCTION TO THE LEGAL ENVIRONMENT AND TORT LAW Date Week 1 Jan. 13-17

Topic A. Introduction: The Legal Environment (PPT 1)

Reading Chapter 1, pp. 2 – 4 (Beginning of Chapter 1 through 1-1b “Linking Business Law to the Six Functional Fields of Business”) **Use of the word “through” indicates the reading INCLUDES the section /subsection noted. For example, for the first assignment, read until you reach the END of 1-1b. (Complete reading then review PPT 1 ON YOUR

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OWN. We will not review this PPT in class.) B. Sources of American Law (PPT 2)

Chapter 1, pp. 4 - 18 (1-2 “Sources of American Law” through end of Chapter) NOTE: Exhibit 1-2 on p. 14 “Procedural Differences. . .” You are ONLY required to know the type of remedies available in an action at law vs. in an action in equity.) NOTE: In “Beyond Our Borders – National Law Systems” on p. 17, know the difference between a common law legal system and a civil law legal system; however, you are NOT required to memorize the list of specific countries that follow each system. *SKIP the following (information labeled “*SKIP” will NOT be tested on the exam): 1) *SKIP Example 1.7 “Google Glass” on p. 11 2) *SKIP 1-3d “Schools of Legal Thought” on pp. 1416) 3) *SKIP “Landmark in the Law: Equitable Maxims” on p. 15.

C. The State and Federal Court Systems (Structure of the Courts) and Following a State Court Case (PPT 3) Page 6 of 30

Chapter 4, pp. 95 – 111 (4-3 “The State and Federal Court Systems” through 4-4i

“Enforcing the Judgment”: END when you reach 4-5 “Courts Online” on p. 111) 1) *SKIP “Beyond our Borders: Islamic Law Courts Abroad and at Home,” p. 97; 2) *SKIP Case 4.2 Johnson v. OxyUSA Inc., on p. 98; 3) *SKIP “Ethical Issue: Should Supreme Court Justices follow . . . .” on p. 102; 4) *SKIP “Adapting the Law to the Online Environment” on p. 104; Week 2 Jan. 20-24

A. Courts and Alternate Dispute Resolution (PPT 4)

Chapter 4, pp. 86 – 95 (Beginning of Chapter through 4-2d “Standing to Sue”) *SKIP Case Example 4.6 on p. 95; Chapter 4, pp. 112 -116 (4-6 “Alternative Dispute Resolution” through end of chapter) *SKIP 4-6d “Other Types of ADR,” 4-6e “Providers of ADR Services,” and 4-6f “Online Dispute Resolution” on pp. 115 116 Chapter 19, 19-2c “International Dispute Resolution” on p. 502; p. 116 – Carefully Read

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“Practice and Review” (end of Chapter 4) and be prepared for in-class discussion of the questions at the bottom of the “Practice and Review” section.

B. Constitutional Law -- The U.S. Constitution and its Authority to Regulate Business (PPT 5)

Chapter 2, pp. 32-46 (Beginning of Chapter through 2-2b “The First Amendment – Freedom of Speech.” END end reading on p. 46 (within 2-2b) when you reach “Obscene Speech.”) *SKIP “Managerial Strategy: Marriage Equality and the Constitution” on p. 34; *SKIP “Beyond Our Borders: The Impact of Foreign Law on the U.S. Supreme Court” on p. 41;

Week 3 Jan. 27-31

Week 4 Feb. 3-7

A. The U.S. Constitution and its Authority to Regulate Business (Continued)

*SKIP “Adapting the Law to the Online Environment” on p. 42. Chapter 2, pp. 32-46 (continued--see above)

B. 1) The Basis of Tort Law and 2) Intentional Torts Against Persons Part 1 (Assault through Intentional Infliction of Emotional Distress (IIED)) (PPT 6)

Chapter 5, pp. 122-127 (Beginning of Chapter through 5-2d “Intentional Infliction of Emotional Distress.”)

A. Intentional Torts Against Persons Part 2 (PPT 7)

Chapter 5, pp. 127-135, (5-2e “Defamation” through 5-2h “Wrongful Interference”).

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B. Intentional Torts Against Property (PPT 8)

Week 5 Feb. 10-14

Chapter 5, pp. 135-137 (5-3 “Intentional Torts Against Property”—read entire REMINDER: Any requests to change section.) the days/times of exams for Modules 1 or 2 due to an exam conflict or any other currently known scheduling conflict (ie. participation in a varsity sports event) MUST be submitted to Prof. Maull in writing sent via e-mail no later than 5:00 p.m. on Friday of WEEK 4. A. Intentional Torts Against Property Chapter 5, pp. 135-137 (continued) (continued); B. Unintentional Torts (Negligence) and Strict Liability (PPT 9)

Chapter 5, pp. 137-145 (5-4 “Negligence” through end of chapter.) *SKIP 5-4d “Good Samaritan Statutes” on p. 142; *SKIP 5-4e “Dram Shop Acts” on p. 142; *SKIP Practice and Review at end of Chapter 5.

Week 6

D. International Tort Claims COMPLETE ON YOUR OWN!

NOTE: On your own READ Chapter 19, pp. 506-507, 19-4b “International Tort Claims.” (We will not likely discuss this material in class, but a question from this reading MAY be on the exam.)

EXAMINATION ONE Tuesday, Feb. 18 We will hold regular class on Thursday this week.

Exam will be held during our regular class time in our regular location.

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MODULE 2 CONTRACT LAW Date Week 6 cont. Feb. 17-21

Topic A. Nature and Classification (of Contracts) (PPT 12)

Reading Chapter 10, pp. 256-270 (Entire Chapter)

(We WILL hold regular Class held on Thursday.)

REMINDER: Check your final exam schedule. If you have a conflict, you MUST file a request with the REGISTRAR for a conflict exam. Registrar’s Final exam conflict filing period: February 17 – March 8.

*SKIP Case 10.1 Weston v. Cornell on p. 259; *SKIP “Ethical Issue: Does a ‘You Break It, You Buy It’ sign . . . .” on p. 261; *SKIP 10-4a “Limitations on Quasi-Contractual Recovery” on pp. 265-266; *SKIP Case 10.3 Wagner v. Columbia Pictures Industries, Inc. (pp. 268269)

B. Agreement: Contract Offer (PPT 13)

Week 7 Feb. 24-28

A. Agreement: Contract Offer (continued from previous week if necessary) B. Agreement: Contract Acceptance (PPT 14)

Chapter 11, pp. 274-282 (Beginning of Chapter through 11-1 “Offer” (entire section)). Chapter 11, pp. 274-282 (continued);

Chapter 11, pp. 282-285 (11-2 “Acceptance” (entire section)); *SKIP Case Example 11.13 Powerhouse Custom Homes, Inc. v. 84 Lumber Co. on p. 284;

C. Agreement: E-Contracts (PPT 15) REMINDER: Check your final exam schedule. If you have a conflict, you MUST file a request with the Page 10 of 30

Chapter 11, pp. 285-294 (11-3 “E-Contracts” through end of chapter)

REGISTRAR for a conflict exam. Registrar’s Final exam conflict filing period: ENDS March 8.

*SKIP: Linking Business Law to Marketing: Customer Relationship Management on p. 286 – 287; *SKIP: “Ethical Issue: How enforceable are click-on agreements to donate funds. . .” on p. 290; *SKIP: The Effect of Errors on p. 294

Week 8 Mar. 2-6

A. Contract Consideration (PPT 16)

Chapter 12, pp. 298-306 (Beginning of Chapter through 12-2b “Application of Promissory Estoppel”)

B. Contractual Capacity (to Form a Contract) and Legality (PPT 17)

Chapter 12, pp. 307-318 (12-3 “Contractual Capacity” through end of Chapter) *SKIP second paragraph in 12-3a “Minors” on p. 307 (information relates to the emancipation of minors) *SKIP “Usury” on p. 310 within 12-4a; *SKIP “Gambling” paragraph on p. 311 within 12 – 4a “Contracts Contrary to Statute” *SKIP “Unconscionable Contracts or Clauses” and “Exculpatory Clauses” on pp. 314-317 within 12-4b; *SKIP “Managerial Strategy: Creating liability Waivers that are not Unconscionable” on p. 316;

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*SKIP “Practice and Review” at end of chapter on p. 318. Week 9 Mar. 9-13 Week 10 Mar. 16-20

SPRING BREAK!!! A. Defenses to Contract Enforceability: Lack of Voluntary Assent, Mistakes, Fraudulent Misrepresentation, Undue Influence, and Duress (PPT 18)

Have a Safe and Relaxing Break! Chapter 13, pp. 324-333 (Beginning of Chapter through 13-3b “Duress”) *SKIP Case Example 13.2 on pp. 325-326. *SKIP “Ethical Issue: Should a surviving member of Lynyrd Skynyrd. . . .” on p. 326; *SKIP Case 13.1 McCullough v. Allstate Property & Casualty Ins. Co. on p. 328; *SKIP “Adapting the Law to the Online Environment —“Catfishing”: Is that Online “Friend” for Real?” p. 331-332;

B. Defenses to Contract Enforceability: The Writing Requirement (The Statute of Frauds) (PPT 19)

Chapter 13, pp. 333-340 (13-4 The Writing Requirement – read entire section); *SKIP 13-4d “Promises Made in Consideration of Marriage” on pp. 336 – 337; End when you reach 13-5 “The Parole Evidence Rule” on p. 340. (“The Parole Evidence Rule” will NOT

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appear on the exam.) Week 11 Mar. 23-27

A. Third Party Rights: Assignments, Delegations, and Third Party Beneficiaries (PPT 20)

Chapter 14, pp. 347-357 (Beginning of Chapter through 14-3 (entire section) “Third Party Beneficiaries”) *SKIP...