Syllabus for Fall 2018
Business Law 218 CRN#74226
Instructor: Katharine H. Kinsman, J.D.
Contact information
E-Mail: Katharine_kinsman@cuesta.edu
Phone: 435-513-2336 (to be used ONLY in emergency)
Virtual Office Hours: TBD
Students may reserve a 15-minute block of time with me during office hours. Students without an appointment/reservation will be served during office hours on a first come, first served basis.
Instructor Contact Expectations
The best and fastest way to contact me is email. On weekdays I will generally respond to your emails within 24 hours. On weekends, I will do my best to get back to you ASAP but I cannot guarantee an expeditious response. During busy times of the semester, response time may increase to 48 hours.
Course Description
Offers legal knowledge concerning business and business relationships with emphasis on the laws of torts, property, contracts, agency, business organizations, and sales. Includes a study of the nature and background of American law, court systems, and court procedures.
Methods of Instruction
Various instructional methods may be used in this course, including, but not limited to:
- Reading assignments, both from the Text and supplemental material provided by the instructor.
- Small-group and whole-class discussions, use of websites, videos, and student presentations.
- Legal case studies, current events, and homework problems requiring application of legal concepts to hypothetical and actual situations.
Student Learning Outcomes
- Identify the different sources and types of American law and demonstrate how American law is created, changed, and classified.
- Distinguish between the ethical and social responsibilities in the field of business that are imposed by law versus by custom.
- Use the IRAC (Issue, Rule, Analysis, Conclusion) method to analyze legal cases.
- Describe the federal and state court systems along with court procedures such as litigation as well as alternative dispute resolution procedures such as mediation and arbitration and how these procedures are used to resolve business disputes.
- Differentiate among the different areas of substantive law relevant to business such as contract, tort, and property law and describe the impact these areas of the law have on business.
- Apply the knowledge acquired in this course to make legal and business decisions based on reasoned analysis and application of legal principles.
Text Book
Miller, Roger Leroy (2017). Business Law Today, Comprehensive Edition: Text & Cases (11th ed.). USA: Cengage Learning The textbook is available in the Campus Bookstores. Additionally, I believe the book is also available in an electronic format.
Regular Effective Contact policy
Regular and Effective Instructor Contact will be met through weekly instructor initiated threaded discussion forums; weekly announcements to students; timely and effective feedback on student assignments; email, phone or messaging to individuals; and virtual office hours.
As noted above, I will try to respond to any questions within 24 hours of receiving the question, although during busy times and weekends, response time may be extended to 48 hours. Please keep these time frames in mind when reviewing assignments so you can get responses in time to finish assignments by the due date.
Course
The Course is set up on a weekly schedule via Modules in Canvas. I expect students to log onto Canvas and review the class materials and assignments at least once weekly, preferably more. Please note that I am able to track when you log onto Canvas.
Materials for the week will be made available on Monday. Responses to certain assignments will be due in the middle of the week, other assignments will be due at the end of the week, or Sunday at 11:00 pm. It is your responsibility to track when assignments are due, credit may not be received if assignments are not submitted when due.
Student Expectations
It is anticipated that for this 4.0 unit course you will spend approximately eight to 12 hours per week reading, studying, and completing assignments. You may have to spend more time, or less, depending on your readings speed and retention of concepts.
Additionally, the following policies apply to this course:
- Students are responsible for being aware of and complying with the Academic Honesty Policy and all other Cuesta College policies as noted in the current Cuesta College Catalog. Those policies are incorporated by reference into this syllabus.
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You should always cite the source of your work, even a single definition taken from Wikipedia or a dictionary; failure to do so is plagiarism. Plagiarism of any kind and in any amount may result in, at the discretion of the instructor, one or more of the following consequences: a failing grade on the assignment, a failing grade in the course, recommendation for disciplinary action, dropping the student from the course.
- Students who have been confirmed through Cuesta’s DSPS department to have special needs, e.g. learning disabilities, physical disabilities, Post-Traumatic Stress, etc., should consult with the instructor immediately. Reasonable accommodations will be made if the instructor is given adequate notice. Cuesta’s Disabled Student Programs and Services (DSPS) can be reached by email at dspsinfo@cuesta.edu or by telephone at the SLO Campus, 805-546-3148. The DSPS office at the SLO Campus is located on the first floor of the 3300 building.
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It is your responsibility to drop the class if you are no longer attending. Do not rely on the instructor to process your withdrawal from the class. If you do not officially withdraw from the class in a timely manner, a grade of “F” may be issued. The last day to drop this course without a “W” (i.e. the course will not show on your records) is August 26, 2018. The last day to drop this course with a “W” is November 4,2018.
- The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of your education records. Under FERPA, your school records are available only to you and appropriate Cuesta personnel unless you release your records. There are certain exceptions to these rules that can be explained to you by the Director of Admissions and Records. Examples of violations of FERPA include an instructor publishing a class list of students’ phone numbers or e-mails and releasing grades to a student’s parents or spouse.
- Audio or visual recording of a class session is not permitted; except, however, permission to audio record class sessions may be granted by the instructor to a student with a documented disability which, in the opinion of Cuesta College’s DSPS department and the instructor, can best be accommodated through recording. Permission for audio recording is granted on a case-by-case basis and requires advanced authorization of the instructor.
- Although I am an attorney, I am not giving personal legal advice on assignments submitted in this class. My opinions expressed regarding hypothetical situations are not to be relied upon by any student for a personal situation. My opinions expressed are academic in nature, i.e., expressed for learning purposes, and are not to be construed as personal legal advice. Seek personal legal counsel for personal matters.
- Students are required to work in collaborative groups with fellow students. Much work will need to be accomplished in a group outside of class time. The purpose of this policy is to help students develop their interpersonal skills, communication skills, business etiquette acumen, and project management skills, and to thereby become prepared for immediate entry into the workforce in a business setting. Students are expected to read the document entitled Collaboration that is available on Canvas. The expectations of students and grading of collaborative assignments are discussed in Collaboration, and those terms are incorporated by reference in this syllabus as though fully set forth herein.
- All students are encouraged to make an appointment during virtual office hours to meet with the instructor during the course to discuss his/her progress in the course.
- The student-instructor relationship is not a confidential relationship, except with regard to the student’s educational records (see E. above). Information shared with the instructor regarding a business idea is not shared within a confidential relationship. Any information related to a business plan or idea shared with the instructor may be shared by the instructor with anybody else. If students have a business idea that they would like to keep confidential, then they should share it only with their paid advisors with whom they have a confidential relationship.
- If you at any time feel threatened, or if you believe another person’s behavior is disrupting your learning, or if you have concern regarding the well-being of another student, please bring that information to my attention immediately and/or contact the Public Safety Department/SLO Campus at (805)546-3205. I want you to have an enjoyable experience in this course, and if your learning is disrupted by the actions of another student, I want to know about that so that corrective actions can be taken. When you report information to me regarding another student, I may need to act on that information and may not be able to keep your identity confidential.
- These policies may be amended by the instructor at any time in her sole discretion.
Evaluation
- Homework will involve problem and case analysis using the IRAC (Issue, Rule, Analysis, Conclusion) format, substantial writing assignments, Internet use, and an online presentation.
- Writing skills factor into your grade; take time and care to edit your written work.
- Demonstrating critical thinking, communication, and social/business etiquette skills requires you to participate on-line to allow me to assess your achievement. In addition to your regular participation and attendance, your grade will also include other assignments related to communication skills.
- Demonstrating appropriate business communication skills and etiquette is accomplished by conducting one’s self in a manner consistent with what would be expected in business and legal environments. Generally, this means being respectful and responsible without having to be reminded and participating in group work by helping others and doing your share (not substantially more or less).
- Monitoring your expenditure of other people’s time both in person and through email
- Doing what you say you will do
- Keeping appointments and communicating to the other party when you are unable to keep an appointment as well as the reason why you must break the appointment
- Late papers will NOT be accepted and the assignment will be graded as a zero. Assignments must be submitted according to the assignment instructions.
- Tests, quizzes, and assignments may be added, deleted, or altered. Quizzes and tests may be added without advance notice.
- Tests and quizzes may not be made up or taken early and will vary in the amount of points each is worth.
- Students are expected to have read the assigned material each week.
- Extra credit may be offered throughout the term. Extra credit is not intended to make up for required assignments that are not submitted. Extra credit is for those who desire extra learning, and it requires extra work.
Discussion Forum Requirements
This course includes a weekly Discussion Forum. The discussion prompt will be provided in the weekly Module, along with instructions for your posting. When the weekly Discussion Forum is in writing, you will be required to do an initial post, then respond to at least two other students’ posts. You can post appropriate videos or other media as part of your post(s). Some of the Discussion Forums may be done via Zoom, so we will all be on-line at the same time. The weekly Module will identify if the Discussion Forum for the week is written or via Zoom.
Netiquette and Online Course Participation
- Use respectful and appropriate language in your forum discussions.
- Please do not use texting language, lol.
- Emoticons are acceptable ways to show emotion.
- Avoid CAPS as they come across like YOU'RE SCREAMING.
- You are expected to read all forum posts.
- You are to respond to the appropriate number of posts for each forum.
- All messages are public, so be careful and courteous when you post.
- Make your posts thorough and your replies as well.
- Complete sentences and thoughts are mandatory for forum posts.
- Use a person's name when you reply to their post.
- Use mycuesta.edu email for private communication.
Grading
- A grade of A in the course means that in my opinion a student has demonstrated excellence in achieving the course’s objectives. A grade of B means the student has made good progress in achieving the objectives; a grade of C equates to satisfactory progress; a grade of D indicates less than satisfactory progress; and, a grade of F means the student has failed to meet the objectives.
- The determination of whether a particular student’s overall achievement in the course is excellent, good, satisfactory, etc. is made based on objective assessments, e.g., objective quiz/test questions, and many subjective assessments, e.g., writing skills, essay responses, demonstration of critical thinking skills, communication skills, peer collaboration, as well as my observations. In arriving at that determination, I do not rely on strict adherence to numerical equivalents for grades; i.e., excellence is not necessarily determined by a 90%, but rather by my assessment that a student’s achievement of the course’s SLO’s throughout the term is of excellent quality and beyond simply good or above average.
- I do use a numerical structure in assessing individual assignments and to assist me in assessing the overall level of achievement demonstrated by a student. That structure, which I emphasize is only one consideration in the assessment process, is as follows: A range = 90– 100%, B range = 80-89%, C range = 70-79%, D range = 60-69%, and F range = 0-59%. Plus or minus grades may or may not be given at the discretion of the instructor.
- The last day to submit the necessary Petition For Pass/No Pass Grading for this course is September 7, 2018. If you choose this option, you must earn a grade of C to “pass” the course.
Course Calendar
This course is set up in Modules on Canvas. One Module per week will include all assigned readings, videos and other materials related to the topic of the week, discussion prompts and instructions, written assignment s to be submitted and quizzes or exams. Familiarize yourself with the Calendar that is in Canvas, all due dates are noted on the Calendar. This is an ambitious schedule which is subject to modification based on the class’ progress. However, I believe that it is doable and that you will appreciate having covered all the topics listed.
The current schedule is:
Week 1: Introductions, Overview of Course and Business Ethics
Week 2: The Legal Environment and Courts and Alternative Dispute Resolution
Week 3: Constitutional Law
Week 4: Contract Law
- Nature and Classification
- Agreement
- Consideration
Week 5: Contract Law
- Capacity and Legality
- Voluntary Consent
- The Statute of Frauds – Writing Requirement
Week 6: Contract Law
- Performance and Discharge
- Breach and Remedies
- Third Party Rights
Week 7: Contract Law (Formation of Sales and Lease Contracts) and Bankruptcy Law
Week 8: Tort Law
Week 9: Intellectual Property Rights and Internet, Social Media and Privacy Law
Week 10: Agency and Employment, Immigration and Labor Law
Week 11: Business Organizations
- Sole Proprietorships and Franchises
- All Forms of Partnerships
- Limited Liability Companies and Special Business Forms
Week 12: Business Organizations
- Corporate Formation and Financing
- Corporate Directors, Officers and Shareholders
- Investor Protection, Insider Trading and Corporate Governance
Week 13: Government Regulation
- Administrative Law
- Antitrust Law and Promoting Competition
Week 14: Consumer and Environmental Law
Week 15: Personal Property and Bailments
Week 16: Real Property and Landlord Tenant Law
Week 17: Cyber Crime and Odds and Ends
Week 18: Review, Q&A, Final Exam and Evaluation.
College Support Services
College Policies
As noted above, it is expected that students will comply with all Cuesta Policies. For more information on specific policies you can access them as noted below:
icons at the top right corner of the subsection.