SYLLABUS 2018/BLAW... · 2019-12-18 · Explain the need for law, the sources of law, differentiate...

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SYLLABUS Course Title: Business Law BLAW 2213-P01 Fall 2018 Department of Accounting, Finance & M.I.S. College of Business Instructor Name: Lois A. Blyden, Esq. Office Location: AGBUS 334 Office Phone: 936-261-9227 Fax: 936-261-9273 Email Address: [email protected] U.S.P.S. Address: Prairie View A&M University P.O. Box 519 Mail Stop 2310 Prairie View, TX 77446 Office Hours: T/R 7:30 10:30 Virtual Office Hours: Course Location: AGBUS Rm 115 Class Meeting Days & TR 11:00 A.M. -12:00 P.M. Times: Course Abbreviation and BLAW 2213-P01 Number: Catalog Description: Catalog Description: The basic law of contracts, Uniform Commercial Code, sales, secured transactions and bankruptcy. Also covers partnerships, corporations and securities. NOTE: Amendments, though official made, have not yet found their way into the catalog available online. More complete description: This course supplements, and builds on, the content of BLAW 2203, Legal Environment of Business. Topics covered include: Uniform Commercial Code articles on Sales,; Agency, Employment, Employment Discrimination, Insurance, Business Organizations, Antitrust, International Transactions, and possibly other topics, as assigned Prerequisites: BLAW 2213 with a “C” or better grade. Co-requisites: None -Note: BLAW 2203 is recommended to take first.

Transcript of SYLLABUS 2018/BLAW... · 2019-12-18 · Explain the need for law, the sources of law, differentiate...

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SYLLABUS

Course Title: Business Law – BLAW 2213-P01 – Fall 2018

Department of Accounting, Finance & M.I.S. College of Business

Instructor Name: Lois A. Blyden, Esq.

Office Location: AGBUS 334

Office Phone: 936-261-9227

Fax: 936-261-9273

Email Address: [email protected]

U.S.P.S. Address: Prairie View A&M University

P.O. Box 519

Mail Stop 2310

Prairie View, TX 77446

Office Hours: T/R 7:30 – 10:30

Virtual Office Hours:

Course Location: AGBUS Rm 115

Class Meeting Days & TR 11:00 A.M. -12:00 P.M.

Times:

Course Abbreviation and BLAW 2213-P01

Number:

Catalog Description: Catalog Description: The basic law of contracts, Uniform Commercial Code,

sales, secured transactions and bankruptcy. Also covers partnerships,

corporations and securities. NOTE: Amendments, though official made,

have not yet found their way into the catalog available online.

More complete description: This course supplements, and builds on, the

content of BLAW 2203, Legal Environment of Business. Topics covered

include: Uniform Commercial Code articles on Sales,; Agency,

Employment, Employment

Discrimination, Insurance, Business Organizations, Antitrust, International

Transactions, and possibly other topics, as assigned

Prerequisites: BLAW 2213 with a “C” or better grade.

Co-requisites: None -Note: BLAW 2203 is recommended to take first.

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Required Text: Blyden, Lois A, Business Law, A Trend of Application of the Law to Business Cases,

Cognella Publishing, ISBN 978-1-5165-4199-7 -2019

For your convenience, I've included the textbook ordering instructions below to share

with your students.

To purchase the BLAW 2203 textbook, please follow this link:

https://store.cognella.com/82503-1A-001

If you experience any difficulties, please email [email protected] or call 800.200.3908

ext. 503.

Recommended Standard law dictionary

Access to

Learning

Resources:

PVAMU Library:

phone: (936) 261-1500; web:

http://www.tamu.edu/pvamu/library/ University Bookstore:

phone: (936) 261-1990;

web: https://www.bkstr.com/Home/10001-10734-1?demoKey=d Required Texts:

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Student Learning Outcomes:

1 Agent and Principle

Understand an Agent and principle relationship. What are the responsibilities or

liabilities of the principle?

2 Understand laws that Banks must follow in the US Usury

Laws- Pay Day Loans

Subprime Loans- Corruption in the Mortgage Industry

Sarbanes Oxley Act of 2002

3 Property Law

Explain the rights and obligations of landlords and tenants, identify the conditions

in which an eviction can occur, and determine liability for landlords and tenants.

4 Civil and Criminal Procedure

Explain the need for law, the sources of law, differentiate between civil and

criminal procedures.

5 Corporations

Understand and be able to choose the formation of a business entity (sole

Proprietorship, partnership, corporation, etc.), including, liability, losses and

Profits. The entity taxation risk.

3. Contract Law

Explain the nature and importance of contracts, the elements of a valid contract,

and the classes of contracts (express and implied, unilateral and bilateral, and oral

and written and acceptance the formation of contracts). Explain a valid offer and

how offers are terminated, recognize the requirements of an acceptance

6 Understand UCC

The Uniform Commercial Code (UCC) is a set of laws that provide legal rules

and regulations governing commercial or business dealings and transactions. The

UCC regulates the transfer or sale of personal property. The UCC does not

address dealings in real property.

Criminal Law

Felony v. Misdemeanor

Understand that crimes are generally categorized as felonies or misdemeanors

based on their nature and the maximum punishment that can be imposed.

Understand that a Corporation can be charged with a crime and the Officers can

go to jail. Understand Business Crimes and the elements of the crimes and

prosecution trends in going after business.

Foreign Bank

Financial

Accounts

(FBAR)

Foreign

Corrupt

Practices

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Course Evaluation Methods

This course will utilize the following instruments to determine student grades and proficiency of

the learning outcomes for the course.

Exams: written tests designed to measure knowledge of presented course material

Projects: presentation and other assignments designed to measure ability to apply

course material

Quizzes: short objective tests at random times, perhaps daily, to encourage keeping current

Grading Matrix-**** Note-grades will be lowered by 1 grade level for a student who has more than 6

absences.

Instrument Value (percentages) Total

Team (American Greed Paper/Pre) 2 at 20 pt. each 40

Team 2 at 10 pts each 20

Individual- Quizzes- Chapters. 4-7-9 3 at 20 pts each 60

Attend/Participation 10

Final Individual 1 at 40 pts. 40

Total: 170

Final Determination

153- 170 = A 119- 135 = C

136-152 = B 102- 118 = D

125 and below is an “F”

Grade Determination is based on this scale: of 190 points

A = 90 and above;

B = 80 - 89;

C = 70 - 79;

D = 60 - 69;

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F = 59 or below

Teams Rules

1. You will be put in teams based on the alphabet

2. You must participate in the team work or else you will get a zero

3. You must notify instructor of teammates who are not participating

4. You must follow the presentation schedule

American Greed Episode: Written and Presentation Assignment

American Greed is an original business documentary television series from CNBC that

examines the some of the biggest corporate and white collar crimes in the United States.

Companies such as Tyco, Enron, HealthSouth, and WorldCom, that have exploited hard

working Americans out of their equity investments, retirement funds, and employment due

to corporate lavish spending and lack of oversight. In addition to profiling these high

profile cases, American Greed covers stories about more common crimes such as medical

fraud, money laundering, Ponzi schemes, embezzlement, insurance fraud, and murder.

Host Stacy Keach narrates how each case started from beginning to end, with

dramatizations, interviews with real life victims, and evidence recovered by respective

agencies in charge of bringing each perpetrator to justice. American Greed, some people

will do anything from money.

Instruction for the content

For this writing assignment, each team must randomly select two episodes of the popular TV

series “AMERICAN GREED” and carefully watch each episode. Episodes are currently

available on Netflix, You tube, the Internet, and reruns are frequently broadcast on TruTV.

A summary of the above information must be submitted on a word document and will

count for half 10 points) of this assignment.

Teams should utilize their legal knowledge to provide an overall summary of the episodes they

have watched and the content they have analyzed and make meaningful connection and reach

conclusions

Teams must provide the name of each episode viewed. In addition, while viewing each film. The

paper must be two to three pages, excluding title page and references page(s), and formatted

according to APA style

Teams must carefully track the following information:

1. The BUSINESS crime committed (medical fraud, money laundering,

Ponzi schemes, embezzlement, insurance fraud, and murder. etc)

2. The Person/persons in charge of the business/company

3. The main Agency(s) investigators in the case and their role in the investigation.

The evidence available that helped the Agency prove the scheme (physical/real/witnesses)

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5. How many people were harmed in the greedy scheme?

6. The outcome of the case (acquittal, conviction, other, fines/restitution)

7. How many crimes like these are committed within a year?

8. What were the various methods of evidence collection and analysis used to uncover the

greed?

(Did they do forensic accounting method?

9. What was the relationship between the victims and the greedy person?”

10. Did the episode discuss the total length of time for the completion of the investigation?

11. How do shows like American Greed contribute to the public’s awareness of corporate

Greed? After seeing these episode are you deterred from committing a crime of greed?

Team Project #2

1. The Consumer Financial Protection Bureau(Dodd Frank- Wall)

2. Community Reinvestment Act of 1977 and Franklin Raines rein over Fannie Mae and

Subprime Loan

3. Foreign Corrupt Practices Act of 1977 (FCPA)

4. Foreign Account Tax Compliance Act

5. Racketeer Influenced and Corrupt Organizations Act

6. Sarbanes Oxley Act (SOX)

7. Foreign Bank Financial Accounts (FBAR) or Bank Secrecy Act

8. Uniform Commercial Code (UCC)

9. Bankruptcy Laws

10. Fair Credit Reporting Act, the Fair Credit Billing Act, and the Equal Credit

Opportunity Act).

11. Usury Laws- Pay Day Loans

Instructions

1. Discuss the details about the Law

2. Discuss the legislative detail about the law (Which Senator or Representative Sponsored the

Law) the law was named after.

3. Discuss in detail, two recent cases where a corporation or a person were charged or prosecuted

under the law. What was the final outcome?

4. Is the law effective? See if you can find statistics on how often the Act comes before the court.

Team Project #3

Questions on Pg. 55 of the Text

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************************************************************

Final- Intellectual Property Registration- Copyright, Patent and Trademark

************************************************************ Team

Presentations Rules

1. Each student will be expected to dress in a manner that shows appropriate respect to our

learning environment and not provide a distraction to the learning process

2. All teams members are to be on time on the day of the presentation

3. Team members who are absent without their team members consent may get a zero.

Team LATE ASSIGNMENTS …can be turned in, with a letter grade deduction, by the time

the class next meets. Turn in late assignments at the beginning of the next class.

PARTICIPATION Your active and mature participation is a critical component of our

learning community and is needed in order to create a dynamic learning environment for

everyone in the class. Good participation means:

• Participating in class from an informed and thoughtful perspective.

• Listening to your classmates and responding to their ideas.

• Bringing in outside materials (articles, Internet links, etc.) to expand and complement our

course of study.

• Completing written and reading assignments when they are due.

• Presenting assignments and offering feedback, comments and questions.

• Having a general attitude of interest and respect.

• Demonstrating a willingness to learn and being able to take responsibility for your own

education.

GENERAL POLICIES, PROCEDURES, & TIPS FOR SUCCESS

• CHECK THE SYLLABUS

• Check the syllabus every day to know what to read to prepare for each class, when

assignments are due, and when tests and quizzes are given. If you have questions about the

class, always check the syllabus first. The Professor will not respond to emails with

questions that can be answered by looking at the syllabus.

• BUY THE BOOK

• The textbook is an important component of the class. Like tuition, it’s not an optional

fee. By reading the textbook, we avoid having to spend valuable class time The

textbook also covers a lot of material that may not be covered in class but for which

you are still are responsible. This kind of independent learning is an important

component of a college education.

TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES AND PUT THEM

AWAY.

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• Stow all of these devices in a backpack or purse. Do not have them out on your desk or in

your pocket.

• NO LAPTOPS

• Because of the distraction, laptops are not allowed in class.

• DO NOT PACK UP YOUR THINGS BEFORE CLASS HAS ENDED -This is

disturbing to the other students.

• Out of respect to you, me, and the class that meets after us, class will not go over time

• TAKE RESPONSIBILITY FOR BEING ABSENT

• It is not possible for the professor to re-teach course material on an individual basis. If you

miss a class, for any reason, you can get notes, announcements, handouts, etc., from a fellow

student. Be smart and introduce yourself to people. Make friends and alliances. Find each

other on Facebook.

• FOLLOW ALL INSTRUCTIONS VERY CAREFULLY

• Avoid headaches and heartbreaks and take the time to read all instructions thoroughly and

carefully.

• DROPPING THE CLASS

• Those students who decide to drop the class must make sure to do so, officially, with the

college by the required deadline. Students who stop showing up but do not officially

withdraw will receive a failing grade.

• • SCHOLASTIC DISHONESTY • A student attending PVAMU assumes responsibility for conduct compatible with the mission of the

college as an educational institution. Students have the responsibility to submit coursework that is the

result of their own thought, research, or self-expression. Students must follow all instructions given by

faculty or designated college representatives when taking examinations, placement assessments, tests,

quizzes, and evaluations. Actions constituting scholastic dishonesty include, but are not limited to,

plagiarism, cheating, fabrication, collusion, and falsifying documents. Penalties for scholastic

dishonesty will depend upon the nature of the violation and may range from lowering a grade on

one assignment to an “F” in the course and/or expulsion from the college. See the Student Standards

of Conduct and Disciplinary Process at PVAMU’s Student Handbook.

• • STUDENTS WITH DISABILITIES • The PVAMU campus offers support services for students with documented physical or psychological

disabilities. Students with disabilities must request reasonable accommodations through the Office for

Students with Disabilities on the campus where they expect to take the majority of their classes. Students

are encouraged to do this three weeks before the start of the semester.” •

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University Rules and Procedures

Disability statement (See Student Handbook):

Students with disabilities, including learning disabilities, who wish to request accommodations in class should

register with the Services for Students with Disabilities (SSD) early in the semester so that appropriate

arrangements may be made. In accordance with federal laws, a student requesting special accommodations

must provide documentation of their disability to the SSD coordinator.

Academic misconduct (See Student Handbook):

You are expected to practice academic honesty in every aspect of this course and all other courses. Make sure

you are familiar with your Student Handbook, especially the section on academic misconduct. Students who

engage in academic misconduct are subject to university disciplinary procedures.

Forms of academic dishonesty:

1. Cheating: deception in which a student misrepresents that he/she has mastered information on an academic

exercise that he/she has not mastered; giving or receiving aid unauthorized by the instructor on

assignments or examinations. 2. Academic misconduct: tampering with grades or taking part in obtaining or distributing any part of a

scheduled test. 3. Fabrication: use of invented information or falsified research. 4. Plagiarism: unacknowledged quotation and/or paraphrase of someone else’s words, ideas, or data as one’s

own in work submitted for credit. Failure to identify information or essays from the Internet and

submitting them as one’s own work also constitutes plagiarism.

Nonacademic misconduct (See Student Handbook)

The university respects the rights of instructors to teach and students to learn. Maintenance of these rights

requires campus conditions that do not impede their exercise. Campus behavior that interferes with either

(1) the instructor’s ability to conduct the class, (2) the inability of other students to profit from the

instructional program, or (3) campus behavior that interferes with the rights of others will not be tolerated.

An individual engaging in such disruptive behavior may be subject to disciplinary action. Such incidents

will be adjudicated by the Dean of Students under nonacademic procedures.

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Sexual misconduct (See Student Handbook):

Sexual harassment of students and employers at Prairie View A&M University is unacceptable and will not be tolerated. Any member of the university community violating this policy will be subject to

disciplinary action.

Attendance Policy:

Prairie View A&M University requires regular class attendance. Excessive absences will result in lowered

grades. Excessive absenteeism, whether excused or unexcused, may result in a student’s course grade

being reduced or in assignment of a grade of “F”. Absences are accumulated beginning with the first day

of class.

Student Academic Appeals Process

Authority and responsibility for assigning grades to students rests with the faculty. However, in those

instances where students believe that miscommunication, errors, or unfairness of any kind may have

adversely affected the instructor's assessment of their academic performance, the student has a right to

appeal by the procedure listed in the Undergraduate Catalog and by doing so within thirty days of

receiving the grade or experiencing any other problematic academic event that prompted the complaint.

Technical Considerations for Online and Web-Assist

Courses

Minimum Hardware and Software Requirements:

-Pentium with Windows XP or PowerMac with OS 9

-56K modem or network access

-Internet provider with SLIP or PPP

-8X or greater CD-ROM

-64MB RAM

-Hard drive with 40MB available space

-15” monitor, 800x600, color or 16 bit

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-Sound card w/speakers

-Microphone and recording software

-Keyboard & mouse

-Netscape Communicator ver. 4.61 or Microsoft Internet Explorer ver. 5.0 /plug-ins -Participants

should have a basic proficiency of the following computer skills:

·Sending and receiving email

·A working knowledge of the Internet

·Proficiency in Microsoft Word

·Proficiency in the Acrobat PDF Reader

·Basic knowledge of Windows or Mac O.S.

Netiquette (online etiquette): students are expected to participate in all discussions and virtual classroom

chats when directed to do so. Students are to be respectful and courteous to others in the discussions. Foul or

abusive language will not be tolerated. When referring to information from books, websites or articles, please

use APA standards to reference sources.

Technical Support: Students should call the Prairie View A&M University Helpdesk at 936-261-2525 for

technical issues with accessing your online course. The helpdesk is available 24 hours a day/7 days a week.

For other technical questions regarding your online course, call the Office of Distance Learning at 936261-

3290 or 936-2613282

Communication Expectations and Standards:

Emails or discussion postings will receive a response from the instructor.

Emails can be sent anytime that is convenient. Responses will be sent within a reasonable time after receipt,

weekends included.

Submission of Assignments:

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Assignments, Papers, Exercises, and Projects may be distributed via eCourses or in-class handouts. Assistance

with eCourses should be requested from the Office of Distance Learning.

General Description of Subject Matter Course Introduction, Requirements, etc.

Uniform Commercial Code: Sale of Goods, Secured Transactions, Negotiable Instruments International Business Transactions

Creditor/Debtor Rights

Employment Law (unions, employment discrimination, etc.)

Formation, Organization, Operation, Dissolution of Business Organizations (Corporation, LLC, etc.)

Regulation of Business Activities (e.g. anti-trust, securities, environmental, labor)

The Syllabus, and its parts, is/are subject to adjustment during the course of the term. Students are

responsible for obtaining and complying with current class schedules, requirements, etc., throughout the

term. Inclusion of some portions of this document are required by University or legislative policy but may not

be relevant to this specific course and/or its delivery.

Book Chapters

1. The Court System Pg. 1

2. Sources of the Law and the Court System Pg. 9

3. Introducing the Litigation 100 Pg. 25

4. Employment Law Pg. 45

5. Employment Discrimination Pg. 57

6. Equal Employment Opportunity Regulatory Issues Pg. 63

7. Criminal Law Pg. 91

8. Recent History: A Shift to Reforming Corporation from Within Pg. 109

9. Trends in Prosecutions of Corporations and Individuals Pg. 121

10. A Month of Embezzlement Stories Pg. 139

11. Arson and the Business Cycle Pg. 143

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12. Patents, Property, and Competition Policy 149

13. Intellectual Property 165

14. Contracts Legality 171

15.Contracts Statute of Frauds 179

DISCLAIMER Contents of this syllabus are subject to change with proper notice to all students..