SYLLABUS
SULLIVAN UNIVERSITY
ON-LINE STUDIES
BUS
204 BUSINESS LAW
March 31 – June 13, 2003
Spring 2003 Quarter
Instructor:
Dr. Michael A. S. Guth
Contact Information:
Mailing address: 116 Oklahoma Ave.
Oak
Ridge, TN
37830-8604
E-mail address: mike @ michaelguth.com
Work
phone: 865-483-8309
Fax number: 315-285-0702
Required Text: Business
Law with UCC Applications, 10th Edition, by Gordon W.
Brown and Paul A. Suckys, (Glecoe,
McGraw-Hill, 2001), ISBN 0078210372.
Course Description: A study of the various laws, regulations, and rules that make
up the legal environment in which modern business operates.
Course
Objectives: (Upon successful
completion of this course, the student should):
1. Be able to write a case brief on any case.
2. Understand the impact that the Constitution has had on the development of law in the United States.
3. Understand the legal trends and objectives that impact on business in the United States.
4. Develop a basic understanding of contract law.
5. Understand the impact that government regulations have on the public and on business.
6. Appreciate the impact that public policy can have on business relations.
7. Develop a basic understanding of ethics in the workplace.
8. Gain an appreciation of and understanding of employment law.
9. Understand contract capacity.
10. Gain an understanding of dispute settlement law.
Distance Learning Requirements (You must have access to):
• A personal computer capable of running Netscape Navigator 3.0 or above or Internet Explorer 5.0 or above.
• Access to the internet with a 56 kb modem or better
• A personal e-mail account that you can access on a regular basis
• E-mail software capable of sending and receiving attached file
Note: It is
highly recommended that you use your own computer to enroll in this class. Students who take an on-line course without
their own computers are at a disadvantage.
AMERICANS WITH DISABILITIES ACT: Any student whose disabilities fall within
the ADA must inform their instructor(s) at the beginning of the term of any
special needs or equipment necessary to accomplish the requirements of the course.
ON-LINE LIBRARY: Sullivan University on-line library services are available to all
currently registered students and be accessed through the Sullivan University
web site (www.sullivan.edu).
ACADEMIC HONESTY:
In accordance with the Standards of Conduct in the Sullivan University
catalog, a student or organization may be disciplined, up to and including
suspension and expulsion, if deemed in violation of the Standards of Conduct
for the commission of or the attempt to commit this offense: dishonesty, such as cheating, plagiarism, or
knowingly furnishing false information to the university, faculty, or other
officers or employees of the university.
COURSE REQUIREMENTS:
Weekly written assignments demonstrating mastery of two or
three chapters of assigned reading (submitted via e-mail in a special format
defined herein), and Discussion Board Participation (On-line).
Evaluation and Grading:
Weekly answers to chapter objective and short essay
questions (80%), discussion board participation (including answers to case
study questions) (20%).
Grading Policy:
A = 90% to 100% cumulative average
B = 80 to 89% cumulative average
C = 70 to 79% cumulative average
D = 60 to 69% cumulative average
F = 0 to 59% cumulative average
Incompletes:
A grade of Incomplete will be given in extenuating
circumstances only. Poor planning of
course load and class work by a student does not constitute extenuating
circumstances. Failure to show up for
any or either part of course will result in a grade of “F.” A grade of Incomplete will be given only if
the student and the instructor mutually agree, in writing, prior to the last
day this class meets. (Details will include what work is to be made up, how it
is to be made up, and when the work is due).
Instructional Mode:
The weekly reading and writing assignments are listed in
this syllabus under course outline.
The questions should be typed in boldface, followed by your answers in
normal font. You will want to type out
your answers in a word processing package such as Word Perfect of Word. HOWEVER, these exercises should be submitted
in the body (text) of an e-mail message to Prof. Guth at BUS204X@michaelguth.com. NO ATTACHED FILES WILL BE ACCEPTED OR READ! The subject line of your e-mail message
should contain a message “Business Law Week 1, Chap. 2 & 3,” or “Business
Law Week 2, Chap. 4 & 5,” etc. For
multiple choice questions, the correct answer will be stated in full, i.e.,
instead of writing the answer is “C,” the student will copy from the electronic
exam both the question and the correct
answer. Students who provide too skimpy
answers to the questions will have to resubmit their work.
When submitting an answer via e-mail to multiple choice
question such as the following:
21. The agreement between Julie and Isabel,
partners in an educational consulting partnership, specifies that Julie will
receive 60 percent of the partnership's profits and Isabel will receive 40
percent of the partnership's profits. The agreement says nothing about sharing
the partnership's losses.
|
a. |
Julie and Isabel will share equally in the losses of
partnership. |
|
b. |
Isabel will suffer 60 percent of the partnership's
losses, and Julie will suffer 40 percent. |
|
c. |
Julie will suffer 60 percent of the partnership's losses,
and Isabel will suffer 40 percent. |
|
d. |
none of the above |
Your written answer sent in the body of an e-mail message
will look like:
21. The agreement between Julie and Isabel, partners in an
educational consulting partnership, specifies that Julie will receive 60
percent of the partnership's profits and Isabel will receive 40 percent of the
partnership's profits. The agreement says nothing about sharing the
partnership's losses.
c. Julie will suffer 60 percent of the partnership's losses, and
Isabel will suffer 40 percent.
NOTICE: do not
simply write out the letter c.
____________________
Individual questions should be sent to Prof. Guth via e-mail
at mike @ michaelguth.com; however, your
assignments should be sent to the address shown above [BUS204X@michaelguth.com].
Attendance:
Everyone should be signed on no later than the Friday of the
first week of class.
Course Outline:
WEEK 1
Read Chap. 2: Sources of the Law
Read Chap. 3: The Judicial Process
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 2
Read Chap. 4: Criminal Law
Read Chap. 5: Tort Law
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 3
Read Chap. 6: The Nature, Characteristics, and Status of Contracts
Read Chap. 7: Offer and Acceptance
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 4:
Chap. 8: Mutual Assent and Defective Agreement
Chap. 9: Contractual Capacity
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 5
Chap. 12: Form of the Agreement
Chap. 13: Third Parties in Contract Law
Chap. 14: Discharge and Remedies
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 6
Chap. 18: Warranties and Product Liabilities
Chap. 19: Consumer Protection
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 7
Chap. 20: Personal Property
Chap. 21: Bailments
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 8
Chap. 22: Real Property
Chap. 23: Landlord and Tenant
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 9
Chap. 25: Nature and Kinds of Negotiable Instruments
Chap. 26: Drafting and Negotiating Instruments
Chap. 27: Holders in Due Course, Defenses, and Liabilities
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 10:
Chap. 34: Employment Law
Chap. 40: Professional Liability
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
WEEK 11:
Chap. 41: Computers, E-Commerce, and the Law
Chap. 42: Alternative Dispute Resolution
By Sunday at 11:50 PM, submit answers to the exam covering this week’s readings.
This syllabus is subject to change for the benefit of
students in this course.
_______________________________________________
For Week 1, you must answer these cases in two or three sentence answers. No answers like 'to defend the public' or 'Yes' will be accepted. If you answers are too skimpy, then you will have to resubmit them.
Please type the question in bold, followed by your answer not in bold.
Case
81. The state legislature where Brighton was governor passed a statute giving him the power to nullify the Bill of Rights of the U.S. Constitution. Brighton exercised this power by eliminating the First Amendment. He then shut down all state newspapers that opposed his reelection. The editor of the Sunlight-Times brought suit to stop the closing of his newspaper. Explain whether the editor will win the suit.
82. Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?
83. Johnson owned a radio station that was about to have its license revoked by the FCC. Johnson attempted to sidestep the sanction imposed by the FCC by arguing that the FCC had too much power and that Congress had done nothing to curb that power or to prevent potential conflicts of interest. Was Johnson correct?
84. Green and Neely entered into a commercial contract whereby Neely agreed to ship 1,800 barrels of oil from his processing plant in Tennessee to Green's depot in Indiana. When Neely failed to deliver the oil, Green threatened to sue. Neely argued that such a suit would be difficult to argue because the commercial law of Tennessee is completely different from the commercial law of Indiana. Was Neely correct? Explain.
85. Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.
86. Moran was arrested under a New Jersey statute that made homelessness a crime. At trial Moran claimed that the statute was invalid. When the Supreme Court of New Mexico declared a similar statute unconstitutional in New Mexico, Moran claimed that the New Jersey Court would have to follow this binding precedent. Was Moran correct? Explain.
87. Haldeman was a U.S. Senator who planned to introduce a bill that would outlaw any attempt to use the flag as an article of clothing. The bill was passed by Congress and went to the President who signed it into law. The media then began to denounce the new statute, saying that it was too broad and difficult to implement. Haldeman asked the U.S. Supreme Court for an advisory opinion interpreting the statute. He wanted the justices to indicate in this advisory opinion how they would interpret the statute if they were ever faced with a case asking them whether that statute was vague or difficult to implement. Will the court issue such an opinion? Explain.
88. The U.S. Senate proposed a bill that would extend the selective service sign-up procedure to cover women who reach the age of 18 years. Judy Corelli states that the statute will probably not become law because it will have to be approved by a majority of the state legislatures. Is she correct? Explain.
89. The SEC was contemplating a new set of regulations. In order to avoid any opposition, the commissioners decided to simply announce that the new regulations would go into immediate effect on Monday, April 1. When the announcement was made, Milligan, a stockbroker, argued that the move by the SEC violates the Administrative Procedures Act. Was Milligan correct? Explain.
90. A state statute declared that it was illegal to print editorials in a newspaper that criticized the governor or the state legislature. The Gambier Guardian printed an editorial criticizing the state legislature for passing the new statute. The local sheriff arrested the editor under the new statute. The editor argued that the new statute was unconstitutional because it conflicted with the U.S. Constitution. The sheriff argued that the fact that the statute conflicted with the U.S. Constitution did not matter because the statute did not conflict with the state constitution. Was the sheriff correct? Explain.
91. Chan worked for Lee Electronics as a salesperson for 20 years. In April of last year, he landed an enormous account with the local auto plant. Under terms of his contract, he was due a 20 percent commission that would have amounted to $250,000. To avoid paying Chan, Lee fired him. Chan wants to sue Lee in the state appellate court. Explain whether Chan can sue Lee in this court.
92. McGuire, a citizen of South Dakota, was burned by a space heater he purchased from Taylor Industries, a corporation formed in Delaware and headquartered in Arkansas. McGuire wanted Taylor to pay his $2,000 doctor bill and reimburse him for the $500 he lost while not working. When Taylor refused to comply, McGuire decided to sue the company in federal district court. Explain whether McGuire can sue Taylor in this court.
93. Stern sued St. Stephen Hospital and Dr. Winbush for injuries sustained during an operation negligently performed by Winbush. Winbush was told that, as a preliminary step, she must submit to mandatory arbitration. After arbitration she could have a jury trial. Winbush argued that such a requirement is unconstitutional. Was Winbush correct? Why or why not?
94. While vacationing at a Florida resort, the Berstrom family decided to take out one of the resort's motorboats and go fishing. The waterfront director told Mr. Berstrom to stay close to the resort's beach. Mr. Berstrom had heard from Mrs. Berstrom of a wonderful fishing spot one mile out from shore and took his family there. Their boat ran out of gas on the way back to the resort, and the Berstroms sat in the boat overnight until they were rescued by some other fishermen. Randy Berstrom filed suit against his father and his mother. Mr. Berstrom wanted to file a counterclaim against Mrs. Berstrom for having told him of the fishing spot in the first place. Can he? Why or why not?
95. Janie, in labor, tried to check into a local hospital. Without monitoring the fetus, the hospital told Janie to come back after her cervix had dilated. Still in labor six hours later, Janie visited her personal doctor and asked him to check the fetus. The doctor discovered that the fetus had been strangled by her umbilical cord. Janie wanted to bring a malpractice suit against the hospital in her state's supreme court. Her lawyer told her she could not file her case there. Was her lawyer correct? Why or why not?
96. Carter brought suit in federal district court against the Monitor Corporation alleging certain violations of federal antitrust laws. Along with these allegations, Carter also accused Monitor of certain state contract law violations arising from the same situation that created the antitrust violations. Monitor argued that the state claims could not be handled in federal court. Was Monitor correct? Explain.
97. Martin, a citizen of Indiana, was the subject of a book written and published by VanDine, a citizen of Virginia. Martin decided to sue VanDine in U.S. District Court in Virginia. Martin asked the court for $60,000 in damages to cover the losses suffered as a result of VanDine's alleged defamation. VanDine argued that Martin could not sue him in federal court because no federal question existed in the lawsuit. Is VanDine correct? Explain.
98. Olaf was injured when the roof of the Bailey County Court Building collapsed. He sued Bailey County for not maintaining the building properly. During discovery, Olaf asked his attorney to have several key witnesses served with interrogatories. Olaf's attorney refused. Why?
99. Leibniz witnessed an auto accident that eventually led to a lawsuit. When the plaintiff lost the case at trial, he appealed it to the intermediate appellate court. Leibniz was afraid that she would have to testify again in front of the appellate court. Were her fears well-founded? Explain.
100. Spinoza sued
Hegel after Hegel refused to honor a sales contract. When Hegel lost the case,
he told Spinoza that he had no property and could not pay the judgment from
either his wages or his checking account. How could Spinoza compel Hegel to pay
the judgment?
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MICHAEL A. S. GUTH, Ph.D., J.D.
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Financial Economics Homepage ||
Attorney at Law
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