LAW1101SP21 Simchilevi Spring Semester QTRA Syllabus PDF

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COURSE INFORMATION SHEET Note: This Syllabus is subject to change Course Title: Fundamentals of Business Law Course Number: Law 1101 Spring 2020, QTRA Course Location:

Zoom, Tuesdays and Thursdays, 7:30 PM – 8:45 PM

Name of Instructor: Professor Yuval Simchi-Levi Department: Law Phone: 646-312-3593 or 617-823-5644 Office: Room B9-220, Vertical Campus Office Hours: My office hours are Tuesday and Thursday, 5:00 PM to 5:45 PM (make an appointment). E-Mail: [email protected]. If you wish for a response in real time, please use the gmail address rather than my Baruch address. Please note that when I e-mail you through Blackboard, the return address is my Baruch address and there is nothing I can do to change that. Course Description: This course provides 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. Course Description: This course provides 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. Specific Course Objectives: The bottom line is 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:

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) predicts 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. Zoom Recording of Remote Classes: Students who participate in this class with their camera on or use a profile image are agreeing to have their video or image recorded solely for the purpose of creating a record for students enrolled in the class to refer to, including those enrolled students who are unable to attend live. If you are unwilling to consent to have your profile or video image recorded, be sure to keep your camera off and do not use a profile image. Likewise, students who un-mute during class and participate orally are agreeing to have their voices recorded. If you are not willing to consent to have your voice recorded during class, you will need to keep your mute button activated and communicate exclusively using the “chat” feature, which allows students to type questions and comments live.

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 Expectation from Students/Grades: Law 1101 has a reputation for being a hard course, so expect to work at it. I think it is hard for many students, in part, because it 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 comfort with ambiguity and an understanding that sometimes there is no “right” answer. There is, however, a “right” way to approach any legal issue. In some 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 in this course. 1. Prepare for class by doing the readings, practice questions and any other work assigned. You may not understand everything you read in the text the first time around, but you will have a much easier time in class if you have started to become familiar with the terms and concepts. Even if the written assignments are not being handed in to be graded, doing them before class will help you to know whether you understand the material, will help improve your written communication skills and will help you practice the kind of analyses you will need to do for the assignments that will be graded and for your exams. Some of the reading assignments will be articles from the New York Times or other sources. 2. Come to class and participate in class. It is very difficult to succeed in this class without coming to class regularly and on time. Merely being in class is not enough; you need to be actively engaged and you will partly be graded not just on attendance but also participation. You must be present to earn that grade. 3. Ask questions. When issues are not clear to you, you should ask questions. If you cannot overcome shyness about asking questions in class, ask after class, during office hours or by e-mail. Assignments: Assignments include reading assignments and online assignments. Online assignments are graded as pass or fail, which means you just need to get more right answers than wrong ones in order to get credit for each online assignment. 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 or during class, as an e-mail attachment to the Gmail e-mail address listed above. 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 The Writing Center can provide assistance with writing skills generally and with particular assignments. See http://www.baruch.cuny.edu/writingcenter/

Grading: Written Assignment 1 Written Assignment 2 Midterm Final Mindtap assignments, Class notes, and Participation

25% 15% 25% 25% 10%

Blackboard: I also use Blackboard, to post my slides as well as additional material, including specific assignments, notes, problems, exercises and statutes. I also post announcements and information about events and use the e-mail function to send messages to your Baruch e-mail accounts. It is your responsibility to access Blackboard to retrieve these materials and to check your Baruch e-mail address regularly. If you have problems accessing Blackboard, please contact me as soon as possible. Attendance and Participation Policy: Part of your grade will be based on participation, so it is my expectation that you will not miss classes unless there is a valid reason for doing so, and actively participate in class. Academic Integrity: I fully support, and expect students to know and adhere to, the Baruch College Academic Honesty Policy, found at http://www.baruch.cuny.edu/academic/academic_honesty.html. It 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 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. 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, ask me. Ignorance is not an acceptable excuse for unacceptable practices.

Professor Simchi-Levi

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Date

Topic

Text

TEXTBOOK PROBLEMS CASES & - on STATUTES MindTap due every time a new topic is discussed in class

Introduction to The Law Tuesday Introduction, 2/2/2021 Syllabus, & Discussion of Legal Environment Thursday Law and Legal Chapter 1 2/4/2021 Reasoning

Check online assignments

3

Tuesday 2/9/2021

4

Thursday 2/11/2021

5

Tuesday 2/16/2021

6

Thursday 2/18/2021

7

Tuesday 2/23/2021

1

2

Courts and Alternative Dispute Resolution Criminal Law and Cyber Crime

Chapter 4

Check online assignments

Chapter 9

Check online assignments

Torts and Cyber Torts Intentional Torts Torts and Cyber Torts – Negligence

Chapter 5, pp. 122137

Check online assignments -

Products Liability 150-162

Chapter 6

Chapter 5, Palsgraf, pp. Check online pp. 137 – B2-B3 assignments until end. Gross (pp. Check online B26-28) assignments Devito (pp. Writing B29-30)

8

Thursday 2/25/2021

Defense to Products Liability 162 to the end

Chapter 6

Check online assignments Writing Assignment 1 Posted Chapter UCC §§ 1- Check online 10 102, 1-103, 1- assignments 256-264 203, 2-104(1), 2105(1), 2-106 (1) Chapter UCC §§ 2- Writing 10 104(1), 2- Assignment 1 264 until 105(1), 2-106 Due - Check the end (1) online assignments Chapter Lefkowitz Check online 11, pp. (pp. B8-B9); assignments 274-285 Ansorage (pp. B14-15)

9

Tuesday 3/2/2021

Nature and Classification of Contracts; Traditional Contracts.

10

Thursday 3/4/2021

Contract Enforceability

11

Tuesday 3/9/2021

Agreement (Common Law Offer & Acceptance)

12

Thursday 3/11/2021

Agreement (Termination of an Offer; UCC & UETA; Econtracts) + group exercise

Chapter 11, pp. 285 until the end.

13

Tuesday 3/16/2021

Consideration, Capacity and Legality – Promissory Estoppel

Chapter GOL §§ 5- Check online 12, pp. 1103, assignments – 298-306 5-1105 UCC §§ 1207, 2-209

GOL §§ 5- Check online 1109, 5-332; assignments UCC §§ 2205, 2-206, 2207, 2-305, 2306

Hamer B23)

(pp.

Schnell (pp. B24-B26) 14

Thursday 3/18/2021

Consideration, Capacity and Legality

Chapter 12, pp. 307 until the end.

Check Online Assignments – Revisions Assignment 1 Due

15

Tuesday 3/23/2021

16

Thursday 3/25/2021

17

Tuesday 4/6/2021

Breach and Remedies Substantial Performance The Formation of Sales and Lease Contracts Defenses to Contract Enforceability (Mistakes, Fraud, Duress)

18

Thursday 4/8/2021

Defenses to Contract Enforceability & Statute of Frauds – MY LEGS & exceptions Review

19

Tuesday 4/13/2021

20 21

4/15/2021 Tuesday 4/20/2021

Midterm Review + Discharge of Contractual Obligations

22

Thursday 4/22/2021

Third Party Rights

23

Tuesday 4/27/2021

Chapter 15

Schonfeld Check online (pp. B51- assignments B53)

Chapter 16

Check online assignments

GOL §§ 5701, 5-703; UCC § 2-201 Chapter Vokes (pp. 13, pp. B38-B40) 324-333 Austin (pp. B40-B42)

Check online assignments

BalabanGordon (pp. B42-B43) Chapter GOL §§ 5- Check online assignments 13, pp. 701, 333 until 5-703 the end. UCC §§ 2201

Chapt. 14, UC 2-613 pp. 347-57

Check online assignments + Written Assignment 2 Posted Check online assignments

Chapter UC 2-210(1) 14, 357367 Employment Chapter Labor L. §§ Check online Discrimination 25 740, 741 Civ. assignments Writing Serv. L. §75-b Assignment 2 due Model Mgmt. (p. B31) Natural

Organics (p. B31-B32) 24

Thursday 4/29/2021

25

Tuesday 5/4/2021

26

Thursday 5/6/2021

27

Tuesday 5/11/2021 Thursday 5/13/2021

28

Intellectual Property and Internet Law Ethics and Business Decisionmaking Government Regulation of Business – Consumer Protection Contracts Review Full course review

Chapter 7

Check online assignments

Ch. 3, pp. 57-73

Check online assignments

Ch. 32, pp. 825-835, Case: 804 (POM Wonderful)

Check online assignments

BBA Program Learning Goals

Significant Part of Course

Moderate Part of Course

Minimal Part of Course

Not Part of Course

Analytical Skills

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Technological Skills

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Communication Skills: Oral

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Civic Awareness and Ethical DecisionMaking

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Global Awareness

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Communication Skills: Written

ASSIGNMENTS CORRELATED TO CLASS SESSIONS Assignments

Course Learning Goals

BBA Program Learning Goals

# 1-4 Using course materials to identify and critically evaluate issues related to the American legal system, New York State courts, and, alternative dispute resolution systems.

Understand the legal system Analytical skills and recognize the roles of the Civic Awareness. legislative, executive and Communication skills: Oral judicial branches. Communication skills: Written

Students respond to problems in these areas using written essayformat questions. #5-7 Recognition of legal issues in Analytical skills Problems using course materials to the areas of torts and product Communication skills: Oral identify, solve legal issues in the liability. areas of torts, including torts Communication skills: Written marked by intention, negligence and strict liability # 8-9 Midterm Exam

Mastery of legal concepts of Analytical skills framework of law, torts and Communication skills: Written basics of entering into contracts. Application of law (statutes and case law) to hypothetical business problems, situations and disputes.

# 10-20 Recognition and Identification Analytical skills Using course materials to solve, in of legal issues in business Communication skills: Written essay-format answers, problems in contracts. specific contract law topics. Communication skills: Oral Application of legal rules, statutes and case law to business problems. Consideration of factors for a business course of action. # 21-22 Midterm

Mastery of legal concepts of Analytical skills framework of in contracts, i.e., Communication skills: Written entering, breaching, and Communication skills: Oral remedies; Application of law (statutes and case law) to hypothetical business problems, situations and disputes.

23 Using course material to analyze employee discrimination and ethical issues

Analyze problems impacting Analytical skills employers/employees and legal Communication skills: Written issues associated with the Communication skills: Oral workplace. Recognition of legal and ethical

Ethical Decision Making

responsibilities in the work environment. # 24 Using course materials to identify legal issues in the area of intellectual property, including patents, trademarks and copyrights. #25 Using course materials to identify and critically assess distinctions between legal and ethical responsibilities of business

# 26 Problems using course materials relevant to specific topics in consumer law

Understand and recognize legal Analytical skills issues pertinent to intellectual Communication skills: oral property. Communication skills: Written Understand the differences Analytical skills between legal mandates as Ethical decision making opposed to ethical and social Communication Skills: Oral responsibilities of business. Communication skills: Written

Identification of legal issues Analytical skills impacting the consumer in New Communication skills: Oral York State. Communication skills: Written Recognition of differences between legal, ethical and Ethical Decision Making social responsibilities of business....