Comm 3410 Syllabus Fall 2021 PDF

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syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus syllabus...

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COMMERCIAL LAW I COMM 3410 Fall 2021 Instructor: Sherri Barrow Moore Office: Room 343 Robertson Email: [email protected] Section 1 – T/R 11:00 a.m. – 12:15, Wilson Hall 402 Section 2 – T/R 12:30 p.m. – 1:45 p.m., Wilson Hall 402

I.

Overview This course will provide an introduction to the legal system of the United States and will cover the fundamental principles of government regulation, constitutional law, criminal and civil procedure, torts, contracts and property law.

II.

Course Objectives Students will learn to: a. b. c.

d.

III.

Understand the nature and function of the law, the sources of the law, and the general substantive principles applied in areas of the law such as torts, contracts, property law, and intellectual property; Avoid pitfalls of the legally uninformed, to be able to comply with the law in simple matters, to recognize problem areas where consultation with an attorney is advisable; Develop the ability to spot issues involved in a business problem, to reason soundly using the basic principles of the law, and to present arguments on both sides of a legal issue; and Appreciate the impact of constant change and lack of certainty, which are inherent aspects of the U.S. legal system.

Course Materials 1.

Roszkowski, Business Law Edition 7 (optional)

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IV.

Office Hours: Students should sign-up for office hours by zoom for the following times: Mondays: 2:00 – 6:00 Tuesdays: 3:00 – 5:00 Wednesdays: 2:00 – 6:00 Thursdays: 3:00 – 5:00 Friday: By appointment PLEASE NOTE: Always email me prior to coming to office hours so that I can make sure we have adequate time to meet. I’ll do my best to get back to your emails within 24 hours, however, due to the large volume of emails I receive, this may not always be possible. Teaching Assistants Students are assigned a Primary TA based on their section and the first letter of the student’s last name. Please email the Head TA for answers to any administrative-related questions (i.e. improper or missing quiz grade, SDAC issue, exam conflicts, etc.) and email your Primary TA for answers to any content-related questions. Students may attend any TA’s office hours. NOTE: You need to notify your head TA at least 24 hours before the MIDTERM OR THE FINAL EXAM, if you have a conflict, although the earlier the better. Email your Primary TA with any non-administrative questions. Head TA Alex Moreno Email: [email protected] Section 1 TAs (11) Sydney Cherry Email: [email protected] Office Hours: Monday 4:00 pm – 6:00 pm @ TBD | Last Names: A-F Jenny Glazier Email: [email protected] Office Hours: Wednesday 10:00 am – 12:00 pm @ TBD | Last Names: G-L Ann Ashley Daniel Email: [email protected] Office Hours: Friday 2:00 pm – 4:00 pm @ TBD | Last Names: M-Q Dan Ludwig Email: [email protected] 2

Office Hours: Friday 11:00 am– 1:00 pm @ TBD | Last Names: R-Z Section 2 TAs (12:30) Chris Obolensky Email: [email protected] Office Hours: Thursday 2:00 pm – 4:00 pm @ TBD | Last Names: A-F John Whelan Email: [email protected] Office Hours: Monday 1:00 pm – 3:00 pm @ TBD | Last Names: G-L Nayana MacMillan Email: [email protected] Office Hours: Tuesday 2:00 pm – 4:00 pm @ TBD | Last Names: M-R Ryan Smith Email: [email protected] Office Hours: Wednesday 1:00 pm – 3:00 pm @ TBD | Last Names: S-Z Students are assigned a primary TA based on their section and the first letter of the student’s last name. Please email your primary TA with any questions about class material or extra credit. V. Terms and Conditions of Commercial Law 1 A. Course Requirements 1. Quizzes: 20% Students will be prepared for a quiz taken in class EVERY Thursday, which will consist of 10 multiple choice or T/F questions. The quiz will cover the material covered in the prior 2 classes. Quizzes will be taken in class by phone or computer on Collab. a. b. c.

Quizzes will be based on the material covered in class. Quizzes must be taken without the aid of others and without notes. The lowest quiz grade will be dropped. Therefore, there are no quiz make-ups. (1) Only extenuating circumstances (death in the family, religious observance, etc.) will be allowed a make-up. Job interviews, sickness, sleeping through the quiz, etc. are not acceptable excuses. Students must email Alex Moreno, the Head TA, if you believe you have an extenuating circumstance that warrants a make-up.

d.

EXTRA CREDIT - Students may replace ONE quiz grade (in addition to their one dropped quiz) with a 100%, in exchange for participation in either: 3

(1) Two (2) extra credit lectures, or (2) One (1) mock trial event Both extra credit options require opinion papers to be written following each event. The paper(s) must be: two (2) pages, doublespaced, and 550 words minimum. The paper(s) should be submitted to the student’s teaching assistant, via email, within seven (7) days of the event. Students must include a word count and the Honor pledge at the bottom of their paper. If a student fails to comply with ANY of these requirements, they will NOT receive extra credit. Extra credit opportunities will be announced in class, and/or via email. Students will be required to sign up for such extra credit events. PLEASE NOTE: any student who uses his/her computer or cell phone, or who works on other homework during an extra credit event will: i. NOT receive credit for that event ii. NOT be allowed to attend any further extra credit events 2.

Tests: 40% Students will take 2 tests, each worth 20% of their final grade. Each test will be 50 multiple-choice questions, and will be administered in class. NOTE: You must notify via email the Head TA, by September 20th if you have an outstanding engagement and will need to take a make-up exam for either midterm #1 or midterm #2. If you do not notify the head TA by September 20 you will not be allowed to take a make-up exam, other than for extenuating circumstances (hospitalization, interview, etc.). a. Test review will be held the week after exam grades are posted. You may only review the test and your answers during this time. You may go to any TAs’ office hours to review your test. i. If you cannot make any TA office hours, email your TA to let them know. b. Exams will be available for review the week prior to the final exam.

3.

Final: 40% There will be a cumulative, final exam. It will consist of 100 multiple-choice questions.

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B.

Grading Scale: A 100-95 A- 94-90 B+ 89-87 B 86-84 B- 83-80 C+ 79-77 C 76-74 C- 73-70 D+ 69-67 D 66-64 D- 63-60

C.

“Cheat Sheets” Students will be allowed to prepare two (2) pages of handwritten notes (front and back of one sheet of paper, or the front of two sheets of paper), which they may use for the two tests. Students will be allowed to prepare three (3) pages of handwritten notes (front and back of one sheet of paper and front of a second sheet of paper, or the front of three sheets of papers) for the final exam. Any cheat sheet that does not comply with this syllabus will be considered an honor offense.

D.

Classroom Conduct By taking this course, students agree to conduct themselves according to the following rules and conditions: NO USE OF CELLPHONES OR COMPUTERS. ANYONE 1. CAUGHT USING THEIR CELLPHONE DURING CLASS WILL: a. BE ASKED TO LEAVE THE CLASS, FOR A FIRST OFFENSE b. RECEIVE A REDUCTION OF 10 POINTS ON THEIR FINAL GRADE for any subsequent offenses.

VII.

2.

No excessive talking

3.

No sleeping

4.

Students must arrive on time to each class

5.

No recording of the lecture

6.

No leaving class after the quiz has been taken unless permission is granted by the TAs and Sherri

7.

You are expected to regularly check your email for emails from TAs and Sherri regarding updates and information about the course.

McIntire School of Commerce Wellbeing Statement

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The McIntire School of Commerce proudly serves as a safe space for its students and aims to promote their wellbeing. If you are feeling overwhelmed, stressed, or isolated, there are many individuals here who are ready and wanting to help. If you wish, you can make an appointment with me to talk privately about how things are going. Staff members in the Student Services Office, located on the first floor, are also readily accessible to talk during walk-in hours or through setting up an appointment. Alternatively, there are also other University of Virginia resources available. The Student Health Center offers Counseling and Psychological Services (CAPS) for its students. Call 434-243-5150 to get started and schedule an appointment or for any after hour needs. If you prefer to speak anonymously and confidentially over the phone, call Madison House’s HELP Line at any hour of any day: 434-295-8255. If you or someone you know is struggling with gender, sexual, or domestic violence, there are many community and University of Virginia resources available. The Office of the Dean of Students, Sexual Assault Resource Agency (SARA), Shelter for Help in Emergency (SHE), and UVA Women’s Center are ready and eager to help.

VIII.

McIntire Policy on Audio and Video Taping and Distribution of Class Materials The general policy of the McIntire School is to prohibit audio and video recording of classroom lectures and discussions. Audio and video recording are only allowed under special circumstances (e.g., students with documented disabilities) and only with the prior written permission of the instructor. Any audio or video recording or all other class materials handed out in class or posted to websites such as Blackboard or COLLAB may not be exchanged or distributed for commercial purposes, for compensation, or for any other purpose other than study by students enrolled in the class. Public distribution of such materials may constitute copyright infringement. Unauthorized use of class notes or recordings may subject an individual to University Honor, Judicial charges, and/or legal action.

IX.

Academic Accommodation for Religious Observance It is the University's long-standing policy and practice to reasonably accommodate students so that they do not experience an adverse 6

academic consequence when sincerely held religious beliefs or observances conflict with academic requirements. Students who wish to request academic accommodation for a religious observance should submit their request in writing directly to the instructor of the course. Students and instructors who have questions or concerns about academic accommodations for religious observance or religious beliefs may contact the University’s Office for Equal Opportunity and Civil Rights (EOCR) at [email protected] or 434-924-3200. Accommodations do not relieve students of the responsibility for completion of any part of the coursework missed as the result of a religious observance.

X.

McIntire School of Commerce Honor Statement The McIntire School of Commerce relies upon and cherishes its community of trust. We endorse and uphold the University’s Honor principle that students will not lie, cheat, or steal, nor shall they tolerate those who do. We recognize that even one honor infraction can destroy an exemplary reputation that took years to build. Acting in a manner consistent with the principles of honor benefits every member of the community while enrolled in the McIntire School and in the future. We trust every McIntire student to comply fully with all provisions of the UVa Honor System. By enrolling in this course, you agree to abide by and uphold the Honor System of the University of Virginia, as well as the following policies specific to ICE. ● ●

● ● ●

All graded assignments must be pledged. You may not access any notes, study outlines, problem sets, old exams, answer keys, or collaborate with other students without our explicit permission. When given permission to collaborate with others, do not copy answers from another student. Always cite any resources or individuals you consult to complete an assignment. If in doubt, cite the source. All suspected violations will be forwarded to the Honor Committee, and, at our discretion, you may receive an immediate zero on that assignment regardless of any action taken by the Honor Committee.

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●

If you have a question about what is or is not permitted on an assignment, you should clarify your question with the professor prior to doing the work.

If you believe you may have committed an Honor Offense, you may wish to file a Conscientious Retraction (“CR”) by calling the Honor Offices at (434) 924-7602. For your retraction to be considered valid, it must, among other things, be filed with the Honor Committee before you are aware that the Act in question has come under suspicion by anyone. More information can be found at www.virginia.edu/honor. If you have questions regarding the course honor policy, please contact your professor. If you have questions about your Honor System or would like to report your suspicion of an Honor offense, please contact McIntire Honor Representatives, Caitlin Knowles [email protected] or William Donnell [email protected].

XI.

Students with Disabilities UVA is committed to creating a learning environment that meets the needs of its diverse student body. If you anticipate or experience any barriers to learning in this course, please feel welcome to discuss your concerns with your faculty. If you have a disability, or think you may have a disability, you may also want to meet with the Student Disability Access Center (SDAC), to request an official accommodation. You can find more information about SDAC at sdac.studenthealth.virginia.edu. If you have already been approved for accommodations through SDAC, please make sure to send me your accommodation letter and meet with me so we can develop an implementation plan together.

XII.

Modification The instructor maintains the right to modify the course syllabus and policies at any time throughout the semester.

XIII. Course Schedule Fall 2021 Class

Date

Topic

Reading

8

1

Tues 8/24

Syllabus and Class Objectives Review

2

Thurs 8/26

Sources of Law: a. Constitutional Law

Chapter 1 https://www.youtube. com/watch? v=I2yjo862M0M

3

Tues 8/31

Sources of Law (continued) a. Constitutional Law (cont’d)

Chapter 1 and Chapter 5 (Amendments) https://constitutioncen ter.org/blog/thisweek-in-supremecourt-history-a-winfor-stop-and-frisk

4

Thurs 9/2

Sources of Law (continued) a. Constitutional Law (cont’d) b. Administrative Law

Chapter 1 https://cgc.law.stanfor d.edu/commentaries/ 15-john-walker/

5

Tues 9/7

6

Thurs 9/9

The American Judicial System (AJS) a. Federal v. State courts b. Equity v. Law

Chapter 3 https://courses.lumenl earning.com/workwith inthelaw/chapter/133-criminal-versuscivil-law/

7

Tues 9/14

The AJS (continued) c. Criminal Law v. Civil Law v. Civil Enforcement Law

Chapter 3 https://www.allbusine ss.com/how-toconduct-discoveryfor-your-court-case4136-1.html

8

Thurs 9/16

The AJS (continued) d. Civil Procedure 1. Pretrial

Chapter 3 https://www.azcourts. gov/guidetoazcourts/ How-a-Case-MovesThrough-the-Court-

c. Common Law

9

Chapter 3 https://www.youtube. com/watch? v=IGyx5UEwgtA

System 9

Tues 9/21

The AJS (continued) 2. Trial 3. Appellate Procedure

10

Thurs 9/23

The AJS (continued) 2. Debt Collection

11

Tues 9/28

TEST #1

12

Thurs 9/30

Intentional Torts i. Assault ii. Battery iii. Trespass

https://lawshelf.com/v ideocoursesmodulevi ew/appellateprocedure-module-5of-5/

Chapter 8 https://www.coursehe ro.com/sg/businesslaw/tort-of-fraud/ https://lawshelf.com/s hortvideoscontentvie w/the-torts-ofinvasion-of-privacy/

13

Tues 10/5

iv. v. vi. vii.

Nuisance Conversion Fraud Invasion of Privacy

Chapter 9 https://injury.findlaw.c om/accident-injurylaw/elements-of-anegligence-case.html

14

Thurs 10/7

Negligence

Chapters 13 and 14 https://www.youtube. com/watch? v=zmwB8VKL6rA

15

Tues 10/12

Contracts a. Contract Formation i. Offer ii. Acceptance

Chapters 15 and 16 https://www.youtube. com/watch? v=zmwB8VKL6rA

16

Thurs 10/14

Contracts (continued) iii. Consideration

Chapter 17 https://www.nycbar.or g/get-legalhelp/article/business-

10

and-corporatelaw/contractlitigation/commondefenses-breachcontract-cases/ 17

Tues 10/19

Chapters 18, 20 b.

Contract Defenses - Lack of Genuine Consent i. Fraud ii. Duress iii. Undue Influence iv. Mistake

18

Thurs 10/21

19

Tues 10/26

20

Thurs 10/28

21

Tues 11/2

TEST #2

22

Thurs 11/4

Property Law a. Personal Property i. Transfer ii. Bailments

https://www.law.corne ll.edu/wex/adhesion_ contract_(contract_of _adhesion)

Contract defenses (continued) Statute of Frauds c. Breach of Contract d. Contract Defenses

e. Contracts of Adhesion

Chapter 48 https://www.youtube. com/watch? v=yA63gNa-bcg (up to 39 minutes) https://www.youtube. com/watch? v=yA63gNa-bcg (up to 39 minutes)

https://www.youtube. com/watch? v=AXM3bu2T3Ys a.

23

Tues 11/9

Real Property Law i. Freehold Estates

https://lawshelf.com/c oursewarecontentvie w/the-non-freeholdestates/

24

Thurs 11/11

Real Property (continued)

https://www.nycbar.or

11

ii. Non-Freehold Estates (Leasehold, Easement, License)

g/get-legalhelp/article/realpropertylaw/transferring-realproperty/

25

Tues 11/16

Real Property (continued) iii. Co-ownership

Chapter 52 https://www.american bar.org/groups/real_p roperty_trust_estate/r esources/estate_plan ning/an_introduction_ to_wills/

26

Thurs 11/18

Real Property (continued) iv. Public and Private regulation

https://realestate.findl aw.com/land-uselaws/land-use-andzoning-basics.html

27

Tues 11/23

b. N NO CLASS

28

Thurs 11/25

NO CLASS

29

Tues 11/30

Real Property (continued) v. Transfer of property

30

Thurs 12/2

Estate Law

31

Tues 12/7

Last Lecture

12...