LAW 1101 - Syllabus PDF

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COURSE INFORMATION SHEET

Course Title:

Fundamentals of Business Law, Law 1101(Hybrid)

Course Number: Law 1101, Fall 19 Name of Instructor: Professor Robert Wagner, Deputy Chair, Department of Law Department:

Law

Phone: 646-312-3596 Office: 9-288, Vertical Campus Office Hours: My office hours are Wednesdays, 11:00 AM to 12:30 PM. I can also meet with you at other times by appointment. No appointment is necessary during my office hours. However, you may want to send me an email in advance to make sure another student isn't already with me or that I have not stepped out of my office for a few minutes. E-Mail: [email protected] Course Description: This course will provide an understanding of the nature of law and its role in business. The law of business contracts will be examined in some depth. Other topics we will consider include tort liability, business crime, business ethics, intellectual property, government regulation and employment law. The course requires case analysis, problem solving, development of critical thinking skills, and oral and written communication. Syllabus: A topic outline is attached to this information sheet. You can always move ahead on the syllabus if you miss class, but please see below regarding catching up and class notes. Specific Course Objectives: The bottom line is that this course is about reading, thinking and communicating, orally and in writing. This course should improve your skills in each of those areas. The official course objectives are as follows. On completion of this course, a student should be able to:

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1. Do a written analysis of a factual problem that: (a) identifies the legal issues that are presented by the problem, (b) states the legal rules that apply to the problem, (c) examines how the legal rules apply to the particular facts of the case, and (d) predict who will prevail in the case and what remedies, if any, will be appropriate. 2. Analyze a factual situation where the result might be uncertain under the relevant legal rules and discuss the factors a court might consider in reaching a result or the factors a business person should consider in deciding upon a course of action. 3. Recognize the difference between legal, ethical and social responsibilities in the business environment. 4. Identify the meaning and significance of the clauses of a basic contract and discuss whether its provisions achieve a desired result. BBA Learning Goals Addressed in this Course: The faculty of the Zicklin School of Business has adopted seven (7) “Learning Goals” for BBA students. The purpose of these goals is to create a common understanding between students, faculty and potential employers of the core objectives for a business education. The seven goals, together with assessment criteria, can be viewed at http://www.baruch.cuny.edu/assessment/Learning_Goals.htm The following Zicklin Learning Goals will be addressed in this course: Analytical Skills Communication Skills: Oral Communication Skills: Written Civic Awareness and Ethical Decision-making BBA Learning Goals

Significan t Part of Course

Moderate Part of Course

Minimal Part of Course

Not Part of Course

☐

☐

☐

Technological Skills

X ☐

☐

☐

X

Communication Skills: Oral

X

☐

☐

☐

Communication Skills: Written

X

☐

☐

☐

Analytical Skills

2

Civic Awareness and Ethical Decision-Making

☐

X

☐

☐

Global Awareness

☐

☐

☐

X

Expectation from Students/Grades: Many students find that Law 1101 requires extra work. Please put the work in and you will be rewarded both in terms of your understanding and your ultimate grade. The course requires you to “think like a lawyer,” which does not come easily to every student. “Thinking like a lawyer” requires attention to detail and a very logical progression from one idea to the next. It also sometimes requires you to be comfortable with the fact that there is not always a “right” answer. There is, however, a “right” approach to take regarding any legal problem. We will work extensively to develop that proper approach to legal issues and the problems in this course. In many ways, Law 1101, if it is your first law course, requires you to master a new language and a new way of thinking, which is not necessarily easy. Once you master this new language and way of thinking, however, they will serve you well in most decisions you may have to make in life. So work hard, be patient, ask questions and have fun. There are definitely some things you can do to increase the likelihood that you will do well (translation: get the best grade possible and learn a lot) in this course. 1. Prepare for written work first time around, become familiar with

class by doing the readings, online assignments and any assigned. You may not understand everything you read in the text the but you will have a much easier time in class if you have started to the terms and concepts. This is extremely important.

2.

Come to class, come prepared, and participate in class. Please check Blackboard regularly and always before class. Come to class regularly and on time. Merely being in class is not enough: you need to be actively engaged. You must be present to earn high class participation grades.

3.

Print or bring a computer so that you can take additional notes on the slides. Beginning after the first class, I will usually post PowerPoints so that you can print out and bring to class if you wish to use them offline. Taking notes on the slides gives you an overall framework, should cut down on the extent to which you need to take notes and give you more opportunities to think about the material and any questions you might have.

4.

Do the online assignments and watch the online videos. Every week I will be posting videos that go along with the PowerPoint slides that will be posted. You should read the material in the book, watch the videos and do the assignments that will be periodically

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described in the videos. 5.

Ask questions. When issues are not clear to you, you should ask questions. If you cannot overcome shyness about asking questions in class ask me or a classmate after class.

Assignments: 1. Assignments will be posted on Blackboard and will often include a reading assignment and a writing assignment. 2. Some of the writing assignments will be problems from the textbook that present hypothetical fact situations. You will need to identify the legal issue(s) presented, and the relevant legal rules and then apply those rules to the facts to reach a result. These types of problems may have a “correct” analysis and result. (This is the beginning of the explanation of what it means to have the correct approach to a legal problem.). However, some of the writing assignments may not have a “correct” answer. For instance, there may be some assignments that require you to identify and justify possible courses of action or to present arguments for or against a particular result. 4. I may require you to submit the homework via email before class. If so this will be clearly identified as to how and when it is due when the assignment is given. Unless otherwise indicated these assignments will be simply checked as completed. If turned in on time and a sufficient attempt to complete the assignment has been made you will receive full credit. Work should be typed in 12 point font and double spaced. 5. Assignments must be handed in by email if you are unable to attend. Late submissions will not be accepted except in extraordinary circumstances, and will result in a grade of zero for that assignment if there are no extraordinary circumstances. 6. Students should read the Zicklin School of Business Written and Oral Communication Assessment Criteria. Students are additionally expected to adhere to writing standards described in The Little, Brown Writing Handbook, (10th edition) by Fowler and Aaron. Responsibility: It is your responsibility to be aware of and complete all homework assignments on time. If you are absent from class, it is your responsibility to do any assignments that are due and to get notes from another student of the work covered in class that day. If, after reviewing those notes, you have questions, please consult with me. If you are not going to be in class the day that an assignment is to be handed in, it should be sent to me before class. Resources: If you have issues with oral or written communication, please also take advantage of the resources at Baruch that can help you with those issues. For instance, the Department of Communication Studies has a number of labs, including labs for those for whom English is a second language. See http://www.baruch.cuny.edu/wsas/academics/communication/Resources.htm

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The Writing Center can provide assistance with writing skills generally and with particular assignments. See http://www.baruch.cuny.edu/writingcenter/ Grading: Midterm 1 Midterm 2 Final Online Assignments Participation

20% 30% 40% 5% 5%

Materials: ePack: Custom Business Law Today – Custom Edition, 11 thE + Mindtap Instant Access Code, Miller. This package includes a softcover custom textbook, and an access code that will give you access to an ebook that includes the entire text and to the online materials at Mindtap. You can order this ePack and the hard cover book directly from the publisher with free shipping from Cengage as per the instructions in course documents on Blackboard. You can also buy the book and access code at the bookstore, but it will cost you more than if you order it directly from the publisher. Blackboard: I use Blackboard extensively, to send announcements and slides, post additional material, including specific assignments, notes, problems, exercises and statutes. It is your responsibility to access Blackboard to retrieve these materials and to check your Baruch e-mail address. If you have problems accessing Blackboard, please contact me as soon as possible. Recording Policy: Recording of the class, by any means, without my permission, is prohibited. Attendance Policy: Attendance in class is necessary to master the material in this course. Part of your grade will be participation. Your attendance will factor into this grade as well as your efforts to come prepared and to participate in a meaningful manner in class. Academic Integrity: I fully support, and expect students to know and adhere to, the Baruch College Academic Honesty Policy, found at https://www.baruch.cuny.edu/academic/academic_honesty.html The policy states, among other things, that Academic dishonesty is unacceptable and will not be tolerated. Cheating, forgery, plagiarism and collusion in dishonest acts undermine the college's educational mission and the students' personal and intellectual growth. Baruch students are expected to bear individual responsibility for their work, to learn the rules and definitions

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that underlie the practice of academic integrity, and to uphold its ideals. Ignorance of the rules is not an acceptable excuse for disobeying them. Any student who attempts to compromise or devalue the academic process will be sanctioned. Academic sanctions in this class will range from an F on the assignment to an F in this course. If suspected, a report of suspected academic dishonesty will be sent to the Office of the Dean of Students. If you have any questions about what academic dishonesty is, please visit http://www.baruch.cuny.edu/academic/academic_honesty.html or take the online tutorial at http://newman.baruch.cuny.edu/help/plagiarism/default.htm. You can also read about plagiarism in the writing handbook you purchased as a Baruch student. Depending on when you entered Baruch, that handbook is either: Fowler and Aaron, The Essential Little, Brown Handbook, pp. 150-56; Fowler and Aaron, The Little, Brown Handbook, pp. 629-38; or Raimes, Keys for Writers, 3rd edition, pp. 104-112; 4th edition, pp. 116-128 If questions remain, please ask: not knowing is not an excuse for inappropriate and/or dishonest behavior. I fully expect academic integrity from each and every one of you. I very much look forward to a rewarding and wonderful semester with you in Law 1101! Professor Wagner

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Baruch College, Prof. Robert Wagner, Law 1101 - Course of Study

Text refers to the Text book readings. The Uniform Commercial Code is found at the end of the book in the section labeled “Appendix C.” The New York General Obligations Law (GOL), and other New York statutory sections are found in the section labeled “C.” TOPIC

TEXT

STATUTES

The Legal Environment Ch. 1, 1-13, 15-18

Courts and Alternative Dispute Resolution Torts and Product Liability

Ch. 3 Ch. 4, 89-112; Ch. 5, 118-132

Criminal Law and Cyber Ch. 8, pp. 184-208 Crime Contracts – Nature and Classification

Ch. 10

Mutual Assent (Agreement or Offer and Acceptance)

Ch. 11, 261-76, Ch.

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Consideration

Ch. 12, pp. 285-95;

Legality

Ch. 12, 295-303,

Defenses to Contract

Ch. 13, 309-24

Remedies and Sales and Lease

Ch. 15, pp. 356-67 Ch. 17, pp. 398-403

UCC §§ 1-102, 1103, 1-203, 2-103(1) 2-104(1), 2-105(1), 2-106 (1)

Employment Discrimination

Ch. 25, 629-47

Labor L. §§ 740, 741 Civ. Serv. L. §75-b

Intellectual Property

Ch. 6, 138-55

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Students -- the information below correlates to Zicklin BBA Learning Goal Information: Assignment Box #‘ s below refer to the assignment chart above. All class periods for material to be covered are flexible and approximate. Assignment by Box Number above

Box # 1-2, Using course materials to identify and critically evaluate issues related to the American legal system, New York State courts, and, alternative dispute resolution systems.

Course Learning Goals

BBA Program Learning Goals

*Understand the legal system and recognize the roles of the legislative, executive and judicial branches.

Analytical skills

*Understand and recognize the differences between legal rules and ethical concerns in business.

Box 3, *Recognition of legal Problems using course issues in the areas of materials to identify, solve torts. legal issues in the areas of torts, including torts marked by intention, negligence and strict liability

Civic Awareness and Ethical decision-making. Communication skills: Oral Communication skills: Written

Analytical skills Communication skills: Oral Communication skills: Written Ethical Decision Making

Box # 4, Problems using course *Analyze problems relating to criminal materials relevant to specific topics in criminal law relevant conduct in the workplace and business to business. environment,

Analytical skills Communication skills: Written Communication skill: Oral Ethical Decision Making

Boxes # 5-10, Using course materials to solve, in essay-format answers, problems in specific contracts law topics.

*Recognition and Identification of legal issues in business contracts.

Analytical skills

*Application of legal rules, statutes and case law to business problems.

Communication skill: Oral

Communication skills: Written

*Consideration of factors a business person should consider in deciding upon a course of action.

Midterm Exams, roughly classes 19 and class 30 Written essay format exam on course materials to assess/assure that students are current with the course.

Box # 11, Problems using course materials, including statutes and caselaw, to resolve issues between employers and employees in the workplace.

*Mastery of legal concepts in business contracts law.

Analytical skills Communication skills: Written

*Application of law (statutes and case law) to hypothetical business problems. *Analyze problems impacting employers/employees and legal issues associated with the workplace.

Analytical skills

*Recognition of differences that exist in legal and ethical responsibilities in the work environment.

Ethical Decision Making

Communication skills: Oral Communication skills: Written

Box # 12, Using course materials to identify legal issues in the area of intellectual property, including patents, trademarks and copyrights

*Understand the recognize legal issues pertinent to intellectual property.

Review *Identification and Problems using course recognition of relevant materials relevant to specific legal issues. topics in business law. *Application of appropriate legal principles to the resolution of business problems.

Analytical skills Communication skills: Oral Communication skills: Written Analytical skills Communication skills: Written Communication skills: Oral Ethical Decision Making...