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BUSN 2370 Legal Environment of Business - Classroom

         

INSTRUCTOR: Dr. G. Howard Doty, Professor

Business Management Department 615-353-3400 Office Phone: 353-3416

OFFICE HOURS: Posted on Door

VIRTUAL OFFICE HOURS: I usually check Email twice a day

OFFICE NUMBER: Clement C-232-E                             E-mail: howard.doty@nscc.edu

OFFICE PHONE: 615-353-3416            

Credit Hours: 3         Lecture: 3

Prerequisites: Level 2 placement Reading and Writing

 

COURSE DESCRIPTION:

An introduction to the legal rights and liabilities of businesses. Topics include the legal environment of business; development and nature of the legal system; ownership, torts and contracts; crimes, torts and product liability, agency and labor laws, consumer protection statutes, regulatory powers, and legislative, judicial, and administrative controls.

 

COURSE OUTCOMES:

Course outcomes will be pursued through a combination of lecture, class discussion, student presentations of selected cases or topics, and written assignments. Students will participate in activities designed to enhance their abilities in communication, critical thinking, and problem solving.        

 

After completing BUS 2370, students should be able to:

1. Explain the differences between law, order and justice.

2. Identify and explain the elements of negligence and the defenses to torts.

3. Describe and define the legal concepts of contracts.

4. Analyze the types of business including proprietorship, partnership and corporation.

 

Competency

The following are detailed course competencies intended to support the course outcomes:

 

1.             Describe the relationship between law, order, and justice.

2.             List and explain the sources the law.

3.             Demonstrate the ability to conduct legal research.

4.             Differentiate and describe the elements of the various types of business torts.

5.             Identify and explain the elements of negligence.

6.             State and explain the essential elements of a contract.

7.             Explain how third parties may acquire rights to contracts.

8.             Describe the methods of discharging contracts.

9.             Determine what types of contracts fall within the Statute of Frauds.

10.         Differentiate between and explain the types of express and implied warranties.

11.         Provide explanation of the legal concepts of Cyber Law and Intellectual Property law.

12.         Classify and distinguish the legal differences between a proprietorship, partnership, and a corporation.

13.         Identify and explain the various laws that protect consumers.

 

 

                       

Announcement concerning the textbook - The Nashville State Bookstore has the correct textbook.   Option #3 - The hard copy (most expensive option #3) is Legal Environment; Sixth Edition By Jeffrey F. Beatty and Susan S. Samuelson, ISBN- 978-1-305-50748-7. At the publisher's Web site, it costs about $300.  Some students have been successful in using a previous edition of this textbook. The 5th edition is very similar to the current 6th Edition with the publishers changing Chapter numbers mainly. That is why the earlier edition often works.

             

Finding the best textbook for you.

You have several options for purchasing the book.  In this course we will be using Beatty/Samuelson Legal Environment 6th edition which is delivered in 3 options. The third and most expensive is to purchase the new or used hardcover edition I just listed above.  The least expensive options are as follows.

 

Option 1: “The Bundle”- this contains the full physical loose leaf book with the Online MindTap platform which will be used for homework and various activities, with the eBook included as well.    $132

Beatty - Bundle: Legal Environment, Loose-leaf Version, 6th + LMS Integrated for MindTap® Business Law, 1 term (6 months) Printed Access Card. The ISBN number for this option is | 9781305928732 and is the one in the Nashville State Bookstore. Costs about $140.

 Option 2: If you want digital only, meaning the MindTap platform and eBook but DO NOT want a physical book, you can purchase the Access Code only through the link in your D2L course shell.  Here is a short video link that will tell you exactly how to purchase and register your code in your D2L shell. https://www.cengage.com/services/resource/7358.  If a video link doesn’t work on your computer, visit this short PDF for step by step instructions: http://assets.cengage.com/pdf/gui_mt-brightspace-stu-quick-guide.pdf.

 

 For your future use, please use this short user guide on how to use MindTap in this Course: http://assets.cengage.com/pdf/gui_mt-lms-stu-brief-user-guide.pdf

 

POLICIES AND PROCEDURES

I believe that a significant part of my responsibilities is to promote good work habits in addition to helping you learn the subject matter; therefore, we shall adhere to policies and procedures that are found in many employment settings.

 

PARTICIPATION & ATTENDANCE: CLASSES WILL BEGIN PROMPTLY AT THE ASSIGNED TIME. PLEASE MAKE ARRANGEMENTS TO ARRIVE ON TIME. PLEASE DO NOT DISTURB THE CLASS BY ARRIVING LATE. I do understand that occasional emergencies do occur however, chronic lateness is unacceptable. I expect each of you to attend all scheduled classes this semester. Courtesy requires an explanation if an emergency prevents you from attending a class session. Class discussions will include many items that are not in the textbook; therefore, you must be here in order to receive the full benefit from this course. Additionally, a portion of your grade will be earned from your attendance record. I expect you to learn much from our discussions which you cannot learn from the textbook alone, thus, the grade for attendance.

 

TESTS: We will have four tests this semester, including the final exam.  Test and Quiz questions come from material covered in class and from the textbook. You are responsible for all assigned reading in addition to class discussions. Please contact me to make arrangements to take a test early if you will not be able to attend class on the date scheduled for the test.  It would be unfair to allow a student to keep taking test late while the remainder of the class takes the test at the scheduled time. THEREFORE, STUDENTS WILL BE ALLOWED ONLY ONE MAKE-UP AND THE INSTRUCTOR RESERVES THE RIGHT TO CONSTRUCT A TOTALLY DIFFERENT TEST OR QUIZ OR AWARD A “0” FOR MISSED TEST OR QUIZZES!!! 

 If your course is delivered through Videoconferencing, the four "big" Tests will be taken in the various Testing Centers. THE MULTIPLE CHOICE PORTIONS  OF TEST 1, 2, 3, & 4 and the Course Overview Test MUST BE COMPLETED IN THE Testing Centers. ABSOLUTELY NO LATER THAN THE TEST DUE DATE!  The multiple choice portion is NOT an open book test.  For the tests taken in the Testing Center, you are allowed NO aids whatsoever; no notes, no textbook, no other browsers opened, and no electronic devices.

 

GRADES:

Your final grade for the course will consist of four parts:

Four test grades - 78% of your final grade,

Quizzes from chapters - 12% of your final grade,

Outcomes Overview Test = 5%

Participation and attendance - 5%.

 

          SIX ABSENCES MAY RESULT IN AN AUTOMATIC "F" FOR THE COURSE!!!

Six absences equal 20% of the course. What would an employer do if you missed one day of work each week for whatever reason?

 

GRADING SCALE: A = 90‑100      B = 80‑89    C = 70‑79    D = 60‑69    F = 0‑59

FA (see below)

FN (see below)

According to NSCC policy, if a student fails a course, but has not officially withdrawn from the course, and her/his last date of attendance is before the last date to withdraw (March 26, 2018), the student will receive a grade of FA (i.e., “Failure for Attendance Reasons”).

An FN is awarded to students who never attended class. 

Academic Early Warning System

Nashville State Community College has implemented an Early Warning System to notify students via e-mail about academic problems such as poor classroom attendance, poor performance on assignments/tests, poor communication skills, late/missing assignments, and/or lack of classroom participation.  Please note that Early Warning Alerts do not affect a student’s academic standing.

Student Communication Channels

It is the student’s responsibility to check D2L and MyNSCC email on a regular basis.  These are the official communication channels between the college and students. Students are responsible for the information communicated through those channels.  D2L contains specific course information and MyNSCC contains information important for other purposes.

 

Technology Statement

Nashville State's classes are considered to be web-enhanced. Faculty have an expectation that students will use a computer and the Internet to complete assignments, engage in online discussions, and access various course materials through Desire2Learn (D2L) course shells. Computers are available for student use at each campus during campus open hours.

ADA Compliance Statement

Nashville State complies with the Americans with Disabilities Act. If you wish to request any special accommodations for any courses in which you are enrolled, contact the Access Center at 615.353.3741 or 615.353.3721.

Classroom Misconduct

Nashville State Community College has a zero tolerance policy for disruptive conduct in the classroom. Students whose behavior disrupts the classroom will be subject to disciplinary sanctions. Please consult your Student Handbook for more specific details.

 

The instructor has primary responsibility for control over classroom behavior and maintenance of academic integrity. He/she can order temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or in conduct which violates the general rules and regulations of the College.

 

Disruptive behavior in the classroom may be defined as, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.).

 

Please be aware that children are not allowed in class or unattended on campus.

Academic Dishonesty (Honor Code)

Any form of academic dishonesty, cheating, plagiarizing, or other academic misconduct is prohibited. “Plagiarism may result from: (1) failing to cite quotations and borrowed ideas, (2) failing to enclose borrowed language in quotation marks, and (3) failing to put summaries and paraphrases in your own words (A Writer’s Reference 331). Academic dishonesty may be defined as, but is not limited to, intentionally trying to deceive by claiming credit for the work of another person, using information from a web page or source without citing the reference, fraudulently using someone else’s work on an exam, paper, or assignment, recycling your own work from another course, purchasing papers or materials from another source and presenting them as your own, attempting to obtain exams/materials/assignments in advance of the date of administration by the instructor, impersonating someone else in a testing situation, providing confidential test information to someone else, submitting the same assignment in two different classes without requesting both instructor’s permission, allowing someone else to copy or use your work, using someone else’s work to complete your own, altering documents, transcripts or grades, and forging a faculty/staff member’s signature.

 

In addition to other possible disciplinary sanctions that may be imposed through regular college procedures as a result of academic dishonesty the instructor has the authority to assign an “F” or a “Zero” for the exercise, paper, or examination or to assign an “F” for the course. Students may appeal through the appropriate college grade appeal procedures.

RAVE Emergency Alert System

Emergency events can happen at any time and Nashville State Community College wants to be able notify students if and when they occur. For this reason, all students have been enrolled in the free RAVE alert system. If you have not already done so, please log in at https://getrave.com/login/nscc to confirm and update your contact information and notification preferences. It is critical that your information be correct so that you will receive any emergency notifications. Your RAVE Username is your NSCC email address. If you've never received an email from RAVE with your password, or if you need to reset your password, select “Forgot your password?” and a new password will be emailed to you. Should the RAVE system indicate “user not found”, select Register and create your own RAVE account.

Inclement Weather Policy

In the event of an inclement weather event, check the Nashville State web site home page at www.nscc.edu for announcements on campus closures. Campus closures will also be announced on local television stations (channels 2, 4, 5, and 17).

 

When classes are cancelled, an online assignment will be posted in NS Online. Check your NS Online email for a message from your instructor regarding your online assignment requirements. Even though classes may be cancelled, some areas, i.e. Testing Center, may be open. However, you should check before commuting to campus.

 

The Vice President for Academic Affairs and the Director of Security are responsible for cancellation decisions during an inclement weather event for the Nashville State main campus and the Southeast campus. Cookeville, Waverly, and Dickson Campus Directors will make class cancellation decisions based on conditions in their respective areas. Decisions about class cancellations are based on actual conditions, not forecasts. The perspective used for making decisions is that of the college as an employer, not as a K-12 institution. Students should use their own best judgment in determining whether to report to campus during inclement weather when classes are not cancelled.

 

ATTENDANCE POLICY
Not participating in the online assignments, failure to take a scheduled exam, or failure to contact the instructor for two consecutive weeks will result in a grade reduction. Please contact me if you have extenuating circumstances that are preventing you from working in the course.
 Please refer to the most recent NSCC catalog for information on withdrawing.


Withdrawal, Administrative
As a student, only you can officially withdraw from the course/college. The Teacher may not withdraw the student.  Please refer to the most recent NSCC catalog for information on withdrawing.

 

 

COURSE OUTLINE:

 

 

    I. Foundations of American Law

       A. Introduction                

          1. Relationship between Law, Order, and Justice

          2. Needs of a Legal System

          3. Purposes of a Legal System

          4. Nature and Sources of Law

          5. Classifications of Law

       B. The American Legal System               

          1. Federal Constitution

          2. Courts               

          3. Arbitration                

          4. Finding the Law

       C. Torts- Negligence and Strict Liability 

          1. Intentional Torts       

          2. Negligence        

          3. Strict Liability

          4. Product Liability

       D. Crimes and Business

          1. Selected Crimes

          2. Selected Defenses

       E. Anatomy of a Civil Lawsuit

          1. Investigation of the Facts

          2. Negotiation of Settlement

          3. Filing of the Suit

          4. Pretrial Proceedings

          5. The Trial

   II. The Law of Contracts

       A. Contractual Agreement

          1. Mutual Assent

          2. Offer

          3. Acceptance

       B. Consideration

          1. Definition

          2. Special Contexts

          3. Absence of Consideration

          4. Exceptions

       C. Contractual Capacity

          1. Legal Capacity

          2. Minors

          3. Insane Persons

          4. Intoxicated Persons

          5. Aliens

          6. Convicts

       D. Legal Agreements

          1. Requirement of Legality

          2. Components of Illegality

 

       E. Genuineness of the Contractual Assent

          1. Reality of Consent

          2. Fraud

          3. Misrepresentation

          4. Mistake

          5. Duress

          6. Undue Influence

          7. Unconscionability

       F. Interpretation and Proper Form of Contracts

          1. Judicial Interpretation

          2. Parol Evidence Rule

          3. Statute of Frauds

       G. Rights of Third Parties

          1. Third‑Party Beneficiaries

          2. Assignments and Delegations

       H. Discharging the Contract

          1. Performance

          2. Agreement

          3. Operation of Law

          4. Nonperformance

       I. Contractual Remedies

          1. Damages

          2. Equitable Remedies

          3. Waiver of Breach

  III. The Law of Sales

       A. Formation of the Sales Contract

          1. Forming the Contract

          2. General Obligations

       B. Performance of the Sales Contract

          1. Seller's Duties

          2. Standard Shipping Terms

          3. Buyer's Duties

       C. Title, Risk of Loss, and Bulk Sales

       D. Warranties and Product Liability

          1. Express Warranties

          2. Implied Warranties

          3. Statutory Warranties

          4. Warranty Exclusions

          5. Product Liability

       E. Remedies for Breach of the Sales Contract

          1. Seller's Remedies

          2. Buyer's Remedies

          3. Statute of Limitations

 

 

Instructor: Dr. G. Howard Doty, Professor

 Office: Clement Bldg. 232 E                   Office Hours: Posted on door

 Office Phone: 353‑3416 ‑ leave message anytime

 E-Mail: howard.doty@nscc.edu

 

                                      LEGAL ENVIRONMENT OF BUSINESS

                                                                     BUS 2370

 

Week   Study Guide              Textbook Chapter                      

1st              1                           1 Introduction To Law

2nd             4                           4 Common Law, Statutory Law & Admin. Law

3rd              6                           6 Torts (This is actually 2 chapters put together)

4th              6                           6 - Continued -

 

                        * * * Test # 1 (Chapter 1, 4, & 6) * * *

 

5th              10                          10  Intro. to Contracts

6th              11                          11  Legality, Consent, & Writing

7th              12                          12 Conclusion to Contracts

8th              14                          14 UCC:Sales & Secured Transactions

   

* * * * Test # 2 (Chapter 10, 11, 12 & 14) * * *

 

9th              17                          17 Agency

10th            20                          20 Starting a Business

11th            21                          21 Corporations

 

* * * Test # 3 Chapters 17, 20 & 21)* * *

 

12th            26                          26 Consumer Protection

13th            7                             7  Cyberlaw & Privacy

14th            24                          24 Intellectual Property

 

 * * * Test # 4 (Chapters 26, 7  & 24)* * *

 

Revised 8/20/2017