Business Law
Business and Econ. 260
Spring 2006
Adjunct Professor, Drake Mesenbrink, J.D.
Office 360-697-0155 Please Call Between 9 AM & 4:30 PM
Email: drakemesenbrink@earthlink.net
COURSE SYLLABUS
TEXT: Understanding the Law, Fourth Edition, by Carper & West
This class is intended to provide students with an introduction to the law, to spark an interest in the legal system and to aid future business professionals with information about business law so that they can be more successful in their careers.
STUDENT OBJECTIVES:
1. To gain knowledge about the American legal system.
2. To better understand the American political process.
3: To expand your legal vocabulary and knowledge of legal concepts.
4. To learn what are the potentials and limits of our legal system.
5. To develop a basic understanding of the topics of business law.
6. To learn when to seek legal counsel.
7. To obtain practical legal information.
8. To expand your understanding and knowledge of current events.
9. To provide practical research skills.
COURSE GRADING:
Course Work to be Performed Percentage of Grade
7 Exams worth 10% each 70%
4 Practical Exercises worth 5% each 20%
Classroom Participation 10%
EXAMS: 70% of the Total Grade
There will be seven exams during the quarter, each equally weighted.
There will not be a comprehensive final.
Exams will be short multiple choice questions.
Each exam will include extra credit questions which will be short answer which will be based upon classroom discussion and current events.
PRACTICAL RESEARCH EXERCISES: 20% of the Total Grade
Exercise 1. Research case information and dockets on a Washington Superior Court Case. The case names and cause numbers will be provided to each student by the Professor.
Practical Exercise 1 is due on April 13, 2006.
Exercise 2. Research Real Estate Parcel Information for a piece of property to be provided by the Professor.
Practical Exercise 2 is due on May 2, 2006.
Exercise 3. Research a Corporation based on information provided by the Professor.
Practical Exercise 3 is due on May 18, 2006.
Exercise 4. Research Supreme Court and Appellate Court decisions based on information provided by the Professor.
Practical Exercise 3 is due on June 6, 2006.
CLASSROOM PARTICIPATION: 10% of the Total Grade
Classroom participation is an important aspect of your grade. In addition, participation will help both you and your fellow students understand the material better and will result in a more interesting class. Please read all the material assigned for each class so that you are prepared to participate in class discussion.
Current Events:
Please read and be familiar with the current news each class day. We will spend the first 10 to 15 minutes of each class discussing current events.
Every student will be expected to actively participate in the classroom discussions. Insightful questions that further the discussion of the current subject matter will help your grade. Questions unrelated to what is being discussed and that waste time will hurt your grade.
CHEATING:
Any student found to be cheating will receive an automatic "F" for the class. This includes, without limitation, sharing answers on tests, sharing tests, plagiarism or submitting work under your name that is not your own.
CLASS ATTENDANCE:
It is your choice as to whether or not you attend class. You won't receive credit simply for showing up. However, as noted above, classroom participation is 5% of your grade and you will be tested on materials covered verbally in class as well as the materials in the book. Since much of the materials may not be covered by the textbook, regular attendance is strongly recommended. Historically, students with poor attendance have not done well in the class. You are responsible for all the material in text book whether or not it is covered during the class discussions.
READING ASSIGNMENTS:
The course schedule found below provides a rough guide to the time frame in which particular subjects will be covered in class. The actual rate of progress through the materials will depend on the actual amount of time spent covering the subjects. Students will be held accountable on the exams for any assigned reading materials. Additional reading materials will be provided by your instructor and books are available in the main Olympic College Campus library, the Kitsap County Courthouse Law Library (call for times open), and the Kitsap County Law Library online (www.kitsapgov.com) for further clarification.
CLASS OUTLINES AND MATERIALS:
The following material will be posted on the Olympic College Web Site:
1. Outlines for each chapter
Students should expand these outlines from the book and class discussions
2. Practical Exercises
3. Materials not covered in the text book
4. This Syllabus
COURSE SCHEDULE:
March 28 Chapter 1 - Introduction to Law
March 30 Chapter 2 - Our Constitution
Appendix C - The Constitution of the United States
Appendix B - The Declaration of Independence
April 4 Chapter 3 - The Court System
April 6 Exam Chapters 2 & 3
Chapter 4 - Attorney Client Relationship and Settling Disputes
April 11 Chapter 5 - Administrative Law
April 13 Exam Chapters 4 & 5
Practical Exercise on Superior Court Case Due
Chapter 6 - Crimes: Public Wrongs
April 18 Chapter 6 - Crimes - DUI Guest Speaker
April 20 Chapter 7 - Torts: Private Wrongs
April 25 Exam Chapters 6 & 7
Chapter 8 - Contracts: Enforceable Agreements
April 27 Chapter 9 - Family Law
May 2 Exam Chapters 8 & 9
Chapter 10 - Owning and Operating Motor Vehicles
May 4 Chapter 11 - Renters and Landlords
May 9 Exam Chapters 10 & 11
Chapter 12 - Home Ownership
May 11 Chapter 13 - Employee and Employer Rights and Duties
May 16 Exam Chapters 12 & 13
Chapter 14 - Wills, Trusts and Probate
May 18 Business Entities
Practical Exercise on Real Estate Due
May 24 Exam Chapter 14 and Business Entities
May 25 Liens
May 30 Bankruptcy
June 1 Fair Debt Collection Act
June 6 Exam on Liens, Bankruptcy, Fair Debt Collection Act
Practical Exercise on Contractors Due
WITHDRAWAL: If a student stops attending classes; it is the student's responsibility to withdraw from the class through the Registrar's office. Any student who fails to officially withdraw from the class and does not complete a substantial proportion of the class work (more than 15% ) will receive a grade of Withdrawal Passing(WP) or Withdrawal Failing (WF) based on their performance to date.
OLYMPIC COLLEGE COURSE OUTLINE
Ill. REPRESENTATIVE CONTENT
1. To provide the student with a greater understanding of the myriad topics of Business Law.
2. To stimulate their interest in the American legal system.
3. To familiarize students with legal subjects pertinent to their business careers.
At the end of the course the student should be able to:
1. Comprehend and apply the objectives of the law that pertain to business.
2. Name and define the sources of law.
3. Explain the structure and function of the WA State Court system and the Federal Court system.
4. Identify and comprehend the key elements of basic criminal and tort law as it relates to business.
5. Define contracts and understand the essential elements of contract law.
6. Define commercial paper and the requirements of negotiability.
7. Explain the three legal forms of business organization; the sole proprietor, partnership and corporation, and the advantages and disadvantages of each form.
8. Use the legal subjects learned in class in their personal and professional lives.
CONTENT
Foundations of American Law
1. The Legal System and Basic Principles of Law
2. Structure of Court System
3. Tort Law and the Concept of Private Duty
4. Criminal Law and the Concept of Private Duty
5. Steps of a Civil Lawsuit
Law of Contracts
1. Classifications of Contracts
2. Formation of the agreement between parties—Offer and Acceptance
3. Consideration—Exchange of value between the parties
4. Capacity limitations
5. Illegal agreements
6. Concept of reality of consent
7. Need for written agreements
8. Third party rights
9. Contract discharge
Business Organizations
1. Sole proprietorship as a Business Form: its formation, operation, and management
2. Partnership as a Business Form: its formation, operation, and management
3. Sub-chapter C Corporations as a Business Form: their formation, operation, and management
4. Sub-chapter S Corporations as a Business Form: their formation, operation, and management
5. Limited Liability Companies as a Business Form: their formation, operation, and management
6. Joint Ventures as a Business Form: their formation, operation, and management
Bankruptcy
1. Types of Bankruptcy
2. Federal v. State Exemptions
3. Objections to Discharge
4. Procedure
Uniform Commercial Code
1. Secured Parties
2. Collateral
3. Attachment of Security
4. Perfection of Security
a. UCC 1 Financing Statement
5. Release of Security
a. UCC 3 Change Statement
Fair Debt Collection Act (FCRA, 15 U.S.C.)
§ 604 Permissible purposes of consumer reports
§ 605 Requirements relating to information contained in consumer reports
§ 606 Disclosure of investigative consumer reports
§ 607 Compliance procedures
§ 611 Procedure in case of disputed accuracy
§ 613 Public record information for employment purposes
§ 614 Restrictions on investigative consumer reports
§ 616 Civil liability for willful noncompliance
§ 617 Civil liability for negligent noncompliance
§ 619 Obtaining information under false pretenses
§ 623 Responsibilities of furnishers of information to consumer
reporting agencies