COURSE OUTLINE Business Law 2

Transcription

1 Butler Community College Science, Technology, Engineering, and Math Division Janice Akao Revised Fall 2014 Implemented Fall 2015 COURSE OUTLINE Business Law 2 Course Description BA116. Business Law 2. 3 hours credit. Prerequisite: BA115 with a C or better. This course will enable student to explore the application of law to the following areas: warranties, real and personal property, debtor-creditor risk management, employment, and business organization. The student will critically analyze business law case studies. Required Materials For complete material(s) information, refer to Butler-assessed Outcomes The intention is for the student to be able to: 1. Differentiate between the various types of bankruptcies 2. Discuss warranties and product liability 3. Explain employment regulations 4. Analyze business law cases. Learning PACT skills that will be developed and documented in this course Through involvement in this course, the student will develop ability in the following PACT skill area(s): Analytical Thinking Skills Problem solving - By analyzing case studies that apply to multiple laws, the student will develop critical thinking skills. Major Summative Assessment Task(s) These Butler-assessed Learning Outcome(s) and the Learning PACT skill(s) will be demonstrated by: 1. Researching an actual case dealing with an issue discussed in class. The student will write a 3-5 page paper outlining the details of the case, the outcomes, and how the media attention surrounding the case affected the companies involved. Skills or Competencies Actions that are essential to achieve the course outcomes: A. Comprehend legal concepts, principles, and theories B. Analyze case studies Learning Units I. Warranties A. Identify the various provisions of the law that protect consumers and third parties who suffer physical injuries or financial losses BA116 Business Law 2 1

2 B. Explain the term warranty and distinguish between express and implied warranties C. Identify the four kinds of express warranties D. Identify the three kinds of implied warranties E. Explain the provisions of the Magnuson-Moss Warranty Act II. III. IV. Agency A. Describe the principle-agent relationship B. Classify the two major kinds of agents C. Discuss the four ways in which an agency may be created D. Explain the various forms of an agent s authority E. Describe the duties of an agent to a principal, a principal to an agent, a principal and third party to each other, and an agent and third party to each other, in light of whether the principal is disclosed, partially disclosed, or undisclosed F. Explain how an agency may be terminated G. Differentiate between the principle-agent and employer-employee relationship Business organizations A. Identify the business organizational forms available in the United States whose purpose is to earn a profit B. Define sole proprietorship and discuss its advantages and disadvantages C. Define partnership and discuss the advantages and disadvantages of organizing as a partnership, as well as the advantages and disadvantages of being a limited partner D. Explain the major characteristics of a corporation E. Describe limited liability companies F. Identify organizational forms that are not business entities Bankruptcy A. Explain the conditions under which individuals and businesses become insolvent and default on their loans B. Distinguish between a voluntary filing and an involuntary filing in bankruptcy C. Explain the provisions and applications of Chapter 7 of the federal bankruptcy law D. Describe the means test and the requirement for debtor education and credit counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act E. Explain the provisions and applications of Chapter 13 of the federal bankruptcy law F. Explain the major applications of Chapters 9, 11, 12, and 15 of the federal bankruptcy law V. Introduction to commercial paper A. Explain the characteristics of commercial paper and how it differs from ordinary contracts BA116 Business Law 2 2

3 B. Distinguish between the two basic kinds of commercial paper C. Identify the parties to commercial paper D. List and explain the essentials for negotiability of commercial paper E. List and explain the nonessentials for negotiability of commercial paper F. Discuss the various kinds of checks and the rules and procedures for stopping payment on a check G. Discuss electronic funds transfers and provide several examples VI. Transfer and discharge of commercial paper A. Identify the purpose of endorsing commercial paper B. Describe the four kinds of endorsements C. Explain the obligations, warranties, and discharge of endorsers, and specify the five warranties assumed to exist in endorsements D. Describe the four requirements that qualify a person as a holder in due course E. Distinguish between personal and real defenses against payment of commercial paper, and list the types of defenses in each case F. Explain when presentment of commercial paper occurs G. Describe when commercial paper is deemed dishonored VII. Real and personal property A. Describe the characteristics of property and provide examples of items considered property B. Distinguish between real and personal property C. Identify and discuss common ways in which title to personal property can be acquired D. Discuss the different forms of property ownership E. Discuss the characteristics of real property F. Describe ownership interests in real property in terms of freehold and leasehold estates G. Discuss the transfer of real property, including the various types of deeds, the delivery and recording of deeds, and transfers made through eminent domain and adverse possession VIII. Bailments A. Define and explain the purpose of a bailment B. Discuss the characteristics of bailments, including the six typical reasons for transferring goods and creating a bailment C. Distinguish among the four kinds of bailments, and discuss the level of care a bailee is required to give for each one IX. Landlord-tenant relations A. Discuss the landlord-tenant relationship B. Describe the four types of tenant interests in real property C. Discuss the rights and duties of landlords and tenants D. Explain several reasons for termination of leases E. Explain how liability is determined and whether the landlord or tenant is likely to BA116 Business Law 2 3

4 be found liable X. Wills, intestacy, and trusts A. Identify the purpose of a will B. Recognize the language used to describe the various people, and the court, involved with a will C. Discuss the types of gifts covered by a will D. Identify the requirements for a valid will E. Explain how a will is revised or revoked F. Explain the way the court distributes the estate of someone who dies intestate G. Discuss advanced health care directives H. Discuss trusts, including the major types of trusts and the role of a trustee XI. Intellectual property A. Discuss intellectual property and explain how it is protected B. Explain why trade secrets are so important to a firm, and recognize how they may be protected using restrictive covenants and agreements not to compete C. Discuss when computer software is protected by trade secret law and when it is protected by licensing D. Distinguish between the types of trademarks E. Discuss how trademark law can be applied to cyberspace F. Explain copyrights and how the doctrine of fair use applies to them G. Describe how copyright law can be applied to software and cyberspace H. Identify the requirements for obtaining a patent I. Explain the challenges associated with applying patent requirements to computer hardware and software XII. Computer privacy and speech A. Discuss computer privacy and explain the possible threats to a person s right to privacy B. Describe computer crime and identify ways in which the unauthorized access to computers invites violations of rights C. Explain the major provisions of the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the Electronic Funds Transfer Act, and other federal and state legislation that covers computer crime D. Discuss the concept of speech in a traditional context, as well as in relation to computer usage XIII. Business in cyberspace A. Identify six key settings in which the law applies to conducting business on the web B. Discuss the role of the Securities and Exchange Commission in the sale and trading of securities online C. Explain how the Federal Trade Commission protects consumers from deception in online advertising D. Explain how contracts formed online are offered, accepted, and signed BA116 Business Law 2 4

5 E. Discuss how legal disputes can be settled online using alternative dispute resolution F. Discuss the current rules pertaining to states levying sales taxes for purchases made online XIV. Employer-employee relationship A. Distinguish between employees and independent contractors B. Explain the doctrine of employment at will C. List some typical clauses in an employment contract D. Identify some typical policies contained in an employee handbook E. Explain how employers expose themselves to legal liability when they provide employee references F. Discuss the impact of the Fair Labor Standards Act on the employer-employee relationship XV. Employment law A. Discuss federal and state laws that protect employees, including workers compensation and the Occupational Safety and Health Act B. Identify the major federal statutes concerning discrimination in employment and identify several forms of conduct that can constitute sexual harassment C. Discuss labor unions and the rights of employees, union, and employers under federal law D. Discuss an employee s rights to medical leave and unemployment benefits XVI. Product liability A. Describe product liability and the tort upon which it is based B. Discuss several bases of claims often used against manufacturers and sellers in product liability lawsuits C. Identify the kinds of businesses that can be charged with product liability D. Explain the legal reasoning behind the concept of strict liability E. Describe three ways in which the federal and state governments reduce unreasonable risk of injury and death associated with consumer products F. Summarize the testing procedure required by the Food and Drug Administration in order to gain approval to sell a drug G. Identify examples of consumer products regulated by the Consumer Product Safety Commission H. Describe how the National Highway Traffic Safety Administration is responsible for the safety of automobiles sold in the United States XVII. Professionals liability A. Explain the characteristics of a professional B. Distinguish between the malpractice of professionals and other forms of negligence by nonprofessionals C. Explain how the elements of a malpractice lawsuit are applied to professionals D. Provide examples of professional malpractice that might be caused by health care providers, accountants, financial planners, architects and engineers, BA116 Business Law 2 5

6 attorneys, insurance agents and brokers, and others E. Explain how professionals protect themselves against the losses that might result from being found liable for malpractice or negligence Learning Activities Learning activities will be assigned to assist the student to achieve the intended learning outcomes through class discussion, class lecture, case studies, and other activities at the discretion of the instructor. Grade Determination The student will be graded on learning activities and assessment tasks. Grade determinants may include the following: daily work, quizzes, chapter or unit tests, participation, case studies, and other activities as determined by the instructor. BA116 Business Law 2 6