The Legal Environment
1. On page 2, how is the law defined?
2. Also on page 2, regardless of how such rules are created, what do all laws have in common?
3. In Exhibit 1-1, list the areas of law that may affect business decision making.
4. List the primary sources of law found on page 5.
5. List the secondary sources of law also found on page 5.
6. Why is the UCC important?
7. Define statutory law.
8. Define constitutional law.
9. Define administrative law.
10. Describe a major function of administrative law.
11. What is case law (common law doctrine)?
12. Define starie decisis.
13. What is a remedy?
14. Define remedies in equity.
15. Define natural law.
16. Define legal realism.
17. Describe criminal law.
18. Describe civil law.
19. Define international law.
20. What is the USC (United States Code)?
21. What is the Idaho State Code?
22. Describe Westlaw?
23. Who decides the "law"?
24. Who decides the "facts"?
Tuesday, August 23, 2011
Welcome to Business Law
BSNS 3410
Business Law I
CATALOG COURSE DESCRIPTION
Study of the present day law of business in the United States as it relates to contracts, sales, agency, the legal environment, and selected topics. Ethical considerations and international topics are also discussed.
INTRODUCTION
Both Business Law I and Business Law II are difficult courses that will cover an extensive range of issues, albeit on a recognition and surficial level. Students should plan to keep up and be ready to move quickly over many subjects. In addition to textbook study, students will read a number of primary legal materials, including pamphlets, contracts, laws, and other primary and exemplar documents. This syllabus will describe details relating to Business Law I, persons with a serious interest in business or law would do well to take both courses. Business Law II covers important and interesting topics not addressed in Business Law I.
Social order is essential to successful commerce. As one of the primary means for maintaining social order, legal principles and processes facilitate the creation and operation of markets by providing necessary assurance to investors, sellers, buyers, employers, employees, creditors, regulators, and others that their reasonable commercial expectations will be realized. While serving this positive function, law operates as the most pervasive external constraint on business decision-making.
Customary ethical and religious norms also constitute a significant factor in both the maintenance of social order and the imposition of external constraints on business. Law may or may not be consistent with Christian principles, but must be recognized and observed nonetheless with consequences (often significant) for non-compliance.
The Business Law sequence will cover three broad Topic Areas: Legal Systems, Legal Principles, and Legal Environment. Legal Systems and Legal Principles are addressed in Business Law I; Legal Environment is covered in Business Law II
Students should study the legal and regulatory environment of business for the same reasons that they study other core subjects in which they do not intend to specialize. They must be able to identify issues pertaining to the particular discipline; recognize potential problems before they become actualized and costly; know when they need to consult an expert and when they do not (it is very inefficient to send every proposed communication or planned course of action past an attorney); understand the language, practices, and methods of reasoning and problem solving in the discipline so that the expert can be used effectively and efficiently; and have sufficient insight into the discipline so that the service and advice of the expert can be knowledgeably evaluated and incorporated into the firm’s decision making processes.
GOALS FOR THE COURSE
In educating business students about the legal and regulatory environment of business, we attempt to provide students with a foundation as to the following objectives:
(1) To recognize and manage practical legal issues and risks in business decision-making.
(2) To recognize and understand essential language and vocabulary of legal issues encountered in the business world.
(3) To understand the practical process, issues, decisions and problems which confront the businessperson by virtue of the legal system.
(4) To assist students in further development of analytical problem-solving skills.
(5) To give students a greater appreciation for the role of law in society.
(6) To understand the role of Biblical principles in the Legal System.
UNIVERSITY OUTCOMES
Academic Excellence: NNU students will demonstrate understanding and appreciation of the liberal arts, expertise in a major field of study, and professional growth. Throughout their lives they will endeavor to reach their potential and be transformed by their pursuit of knowledge about God and creation. BU 341 will emphasize quality professional thought and writing founded upon reliable and credible evidence; the course will demand understanding of essential legal concepts.
Creative Engagement: NNU students will apply their natural gifts and acquired knowledge to respond creatively to life: producing original works of art, new synthesis of knowledge, novel expression of ideas, and inspired solutions to problems--in the home, the workplace, the church, and the greater community. This course will consider structures of legal systems and the relationship between legal systems and the conduct of citizens. Such an understanding should foster more productive engagement across a range of endeavors.
Christlike Character: NNU students will grow toward Christlikeness: demonstrating ethical behavior, loving and respecting others, offering grace as they have received it, building up the community of Christ, and representing Christ to the world. This course should assist in understanding social norms as embodied in law; the course should enable students to avoid disputes and work within established frameworks.
Social Responsiveness: NNU students will be faithful stewards of their knowledge, skills, and resources, and be agents of social justice and divine mercy. Compassionately they will show love for people of all faiths and cultures, and identify with and advocate for those in need—locally and globally. Knowledge of and resulting compliance with social norms as reflected in law and legal systems will enhance social responsiveness and enable students to engage the community in an appropriate way.
TEXT BOOK
BUSINESS LAW TODAY, Standard Edition, by Miller and Jentz, (Ninth Edition by Thompson Southwestern Publishing). ISBN #978-0-324-78652-1
This textbook will be used for both Business Law I and Business Law II.
Additional reference materials as required pursuant to the syllabus below are contained in the Course Documents section of Angel under the title Reference Materials. Be sure to read the instructions for using reference materials.
CLASS ATTENDANCE
Class attendance is required pursuant to School of Business and University policies. Excused absences will be recognized, but it will be very difficult (which you should assume means impossible) to pass this course without regularly attending classes; it will become progressively more difficult with each missed class. If you must miss class, be certain to arrange with classmates to review content covered. Class attendance will be monitored and excessive absences may result in a lowering of the final grade at the Professor’s discretion.
COPYRIGHT STATEMENT
Northwest Nazarene University, a non-profit educational institution, is entitled by law to use materials protected by the US Copyright Act for classroom education. Any use of those materials outside of the class may violate the law.
HONESTY IN SCHOLARSHIP
Academic dishonesty, including cheating, unattributed quotation or copying, or other misconduct, are forbidden altogether. The instructor and the university reserve the right to enforce any consequences that they deem to appropriate in the event of academic dishonesty of any sort whatsoever. Consequences may include lowering of grade or assignment of a failing grade, expulsion from the class, or expulsion from the university.
LATE WORK POLICY
Assignments turned in after the due date noted in the syllabus will be reduced by 25% per day late. Items received more than three days after the due date will receive no credit.
ASSESSMENT, EXAMINATION AND GRADES
1. Objective Blog: The blog is very important. Each class we will go over areas that must be understood and record our findings on the class blog. Participation on the blog is worth 30% of your grade. More details will be discussed during the first day of class regarding use of the blog.
2. Research and Writing: One Research and Writing Problem will be assigned during the class. Research and Writing will comprise 20% of the total grade.
3. Field Trip Essay: Each student is required to spend eight (8) hours in a local courtroom, observing court proceedings. Hours spent in the past do not count. You may go to any court in the Treasure Valley. Take notes as to your impressions and write a short essay describing your thoughts, reactions, and opinions. Do not record the events you observe, but rather think about what you are seeing and write about your impressions. Also, include a log of the times and dates you attended court, as well as the name of the Judge you observed. Obviously, courts are in session only during working hours. The Court Observation Essay will be due by the end of the day on December 2, and will be turned in via e-mail. You will be given some time off from class to compensate for this field trip. The Field Trip Essay will count for 10% of your final grade.
4. Participation and Attendance: Class participation and attendance will count for 10% of the final grade. However, I reserve the right to weight attendance at a higher rate and reduce the final grade considerably for non-attendance issues.
All writing will be graded not only on the basis of substance but also in part on the professional quality of the work: this means attention to style, grammar, legibility, spelling, organization, presentation and use of appropriate vocabulary. Written work must be printed (typewritten).
| Assessment Item | Approximate Weight |
| Blog | 30% |
| Final Exam | 30% |
| Research Paper | 20% |
| Court Observation Essay | 10% |
| Participation and Attendance | 10% |
Calendar
Unit 1 – Sources of Law, Process, and Criminal Law
Aug. 31 Introduction
Sept. 2 Introduction
Sept. 5 Holiday
Sept. 7 Chapter 1: Legal Environment
Sept. 9 Chapter 1: Legal Environment
Sept. 12 Chapter 2: Constitutional Law
Sept. 14 Chapter 3: Courts and Alternative Dispute Resolution
Sept. 16 ADR Continued
Unit 2 - Contracts
Sept. 19 Chapter 9: Nature & Classification
Sept. 21 Chapter 10: Agreement
Sept. 23 Chapter 11: Consideration, Capacity, and Legality
Paper #1 Assigned
Sept. 26 Contracts Continued
Sept. 28 Chapter 12: Defenses to Contract Enforceability
Sept. 30 Chapter 12: Defenses to Contract Enforceability Continued
Oct. 3 Chapter 14: Breach and Remedies
Oct. 5 Contracts continued
Oct. 7 Contracts continued
Unit 3 – Torts, Sales and Lease Contracts
Oct. 10 Chapter 4: Torts and Cyber Torts
Oct. 12 Torts continued
Oct. 14 Chapter 15: The Formation of Sales and Lease Contracts
Oct. 17 Chapter 16: Performance and Breach of Sales and Lease Contracts
Oct. 19 Chapter 17: Warranties and Product Liability
Oct. 21 Writing Workshop
Oct. 24 Guest Lecture
Oct. 26 Chapter 6: Criminal Law
Paper #1 Due
Oct. 28 Time off for Court Visits
Unit 4 – Property
Oct. 31 Chapter 35: Personal Property and Bailments
Nov. 2 Chapter 36: Real Property and Landlord-Tenant Law
Nov. 4 Property Continued
Nov. 7 Chapter 22: International Law in a Global Community
Nov. 9 International Law Continued
Nov. 11 International Law Continued
Unit 5 – Agency, Partnerships, and Corporations
Nov. 14 Chapter 23: Agency Relationships in Business
Nov. 16 Chapter 26: Sole Proprietorships and Private Franchises
Nov. 18 Chapter 27: Partnerships
Nov. 21 Chapter 27: Partnerships Continued
Nov. 23 Thanksgiving
Nov. 25 Thanksgiving
Nov. 28 Agency and Partnerships continued
Nov. 30 Chapter 29: Corporate Formation, Merger, and Termination
Dec. 2 Chapter 30: Corporate Directors, Officers, and Shareholders
Dec. 5 Review
Dec. 7 Review
Dec. 9 Review
Monday, December 12th, Final Exam 1:30 – 3:30 p.m.
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