Kapi`olani Community College BLAW 200 CRN 31034 Fall 2009 MW LEGAL ENVIRONMENT OF BUSINESS COURSE DESCRIPTION [Please review additional information on the Laulima course web site] Class: Monday and Wednesday, from 3:15 to 4:30 p.m., August 24 to December 9 (30 classes). No class on Labor Day (September 7) or Veteran s Day (November 11). Location: Kopiko 126. Instructor: Benjamin L. Carroll, III, Esq. Email: carrollb@hawaii.edu Tel: (808) 734-9106 Office Hours: Web Site: Communication Overview: Objectives: Textbook: Hawai`i Law: Kopiko 206. Before class, Monday and Wednesday, 2:00 to 3:00 p.m. Also online and by appointment. Our course web page is located at: laulima.hawaii.edu. You should check it regularly for announcements, changes to course information, and materials. We will use Laulima Private Messages to communicate between classes and the Laulima Drop Box to submit work. You will receive additional information about Laulima and email protocol (how to forward, use attachments, netiquette, etc.) BLAW 200 is an introduction to the legal environment and laws impacting business operations, with particular attention to business law and ethics. Upon successful completion of the course, you should be able to: 1 Demonstrate a broad understanding of the American system of justice and jurisprudence, its concepts, terminology, evolution and procedures. 2 Explain how laws are made, implemented, interpreted and enforced by the three branches of government at the national, state and local levels. 3 Recognize basic principles of law, including contracts, torts, real and personal property, business organizations, agency, employment, products and consumer protection, environmental law, bankruptcy, anti-trust, etc. 4 Discuss how business and legal disputes arise and are avoided and/or resolved, including informal processes and alternative dispute resolution. 5 Participate in ethical decision-making, taking into account various legal, business and ethical approaches, philosophies and codes. 6 Feel comfortable that you know where to find relevant law and business information (including online) particularly Hawai`i resources and how to apply these laws to your own affairs and interests. Clarkson, Miller, Jenks & Cross, West s Business Law, Thomson-West (10 th ed. 2006 or 11 th ed. 2008). Available at the KCC Bookstore. We will also use a variety of Hawai`i materials, e.g., Hawai`i Law Sources, that are posted on the course web site (for downloading and printing), available on the Internet, or distributed. Let the instructor know if you cannot print on your own.
Sharing: Methods: Reading: Written Work: Due Dates: Grading: This may be the first law related class for many of you and you are encouraged to ask questions, make suggestions, and indicate subjects and materials you would find interesting or helpful. Learning is not a spectator sport. Participation in society and the legal system in particular, involves oral and written skills. Therefore, along with lectures and discussions, we will be doing interactive exercises and small group work to illustrate certain procedures and become familiar with the law and legal process. Due to the considerable amount of reading, the posted chapter outlines are very useful to organize and understand the textbook. We will assume everyone has done the assigned readings, and. therefore, we will not read the text during class, other than to highlight and clarify. Written work is expected to be typewritten (except in-class reviews, exercises and quizzes) and checked for spelling and grammar. You should have access to a computer with spell-checking capability. This class covers a lot of material; therefore, late assignments will be marked down substantially if accepted at all. We will discuss assignments and quiz requirements in detail during class. Please make arrangements to have your assignments deposited in the Drop Box on time. Please notify me in advance of absences or special situations if at all possible. Grades will be based on the following points/percentages: 150 pts 15% 400 pts 40% 450 pts 45% In-Class Exercises & Participation. Attendance and in-class exercises and contributions are critical. Excessive absences will affect your grade. There may be limited opportunities to make-up work missed due to excused absences. Written Assignments (including case and exercise analysis). These will be discussed in class will have detailed instructions. Quizzes (3) will be open book & notes and may include True/False, multiple-choice, short answer, and essay questions. There will be a review before each quiz and a debrief afterwards. Grades will be based generally as follows: A 900 1000 points D 600 699 points B 800 899 points F Less than 600 points C 700 799 points Disability: Honesty: Assistance: If you have a disability or special need and have not voluntarily disclosed the nature of your disability and support that you need, you are invited to contact the Disability Support Services Office, 734-9552, Ilima 103 for assistance. Please review the KCC policy on academic honesty. This is strictly enforced. Much of this class builds on what has previously covered. Students that have difficulty are those that do not seek assistance when they fall behind. Please let me know right away if you have problems. You are also encouraged to develop contacts with your fellow students to help you if you miss a class.
LEGAL ENVIRONMENT OF BUSINESS COURSE OUTLINE [There may be adjustments to the syllabus during the course] I. AMERICAN LEGAL SYSTEM, COURTS, & TORTS 1. August 24 Topic: Introduction American legal system; Civil & criminal law; Common law Assignment 1: What are Laws 2. August 26 Topic: Law & Legal Reasoning Sources of law; Understanding statutes & cases Assignment 2: Where Laws Come From? 3. August 31 Topic: Courts & Procedure Constitutional Authority; Jurisdiction; State & federal systems Video: Civil Trial. Assignment 3: Determining Applicable Law Reading: Text Chapter 1 Reading: Chapter 2-4. 4. September 2 Topic: Litigation Progress of trial; Remedies Reading: Chapters 2 & 3 In-Class Exercise: Mock Trial. Online Exercise: Conflict Style. September 7 HOLIDAY LABOR DAY 5. September 9 Topic: Alternative Dispute Resolution Negotiation; Mediation; Arbitration Video: CADR Mediation. Assignment 4: Litigation Online Exercise: Money Ethics Survey Reading: Chapters 2 & 3 6. September 14 Topic: Law & Ethics Morality, Ethics & Law; Reading: Chapter 5 In-Class Exercise: Ethics - Cement Assignment 5: Ethical Situations 7. September 16 Topic: Torts Introduction & Intentional Torts Reading: Chapter 6 In-Class Case: Libel (Fong) 8. September 21 Topic: Negligence Duty; Breach; Defenses Reading: Chapter 7 In-Class Case: Dog (Hubbell) Assignment 6: Hubbell Case Analysis 9. September 23 Topic: Strict Liability & Products Reading: Chapters 7 & 23 Assignment 7: Liability Review for Quiz 1 10. September 28 QUIZ 1
11. September 30 Topic: Intellectual Property Copyright; Trademark, Patent Assignment 8: Copyright Return & Debrief Quiz 1 Reading: Chapter 8 II. CONTRACTS, COMMERCE & UCC 12. October 5 Topic: Contract Overview Agreements v. promises; Formation; Interpretation Assignment 9: Consideration 13. October 7 Topic: Agreement, Capacity, Consent Mistake, Misrepresentation, Competence, Consideration, Legality Assignment 10: Competence 14. October 12 Topic: Performance & Breach Statute of Frauds; Third Party Rights In-Class Case: Contract (Kinimaka) Assignment 11: Kinimaka Case Analysis 15. October 14 Topic: Internet & E-Commerce Online formation; Shrink Wrap.; Click-on In-Class Exercise: Shrink-Wrap Assignment 12: E-Commerce 16. October 19 Topic: Sales & Leases, Products Liability UCC; Warranties; Merchants; Risk of Loss In-Class Exercise: UCC; Warranties Assignment 13: Defective Products 17. October 21 Topic: Negotiable Instruments Drafts; Notes; CDs; Indorsements In-Class Case: Promissory Notes [bring to class] In-Class Exercise: Drafts & Notes 18. October 26 Topic: Checks, Banking, Actions Types of Checks; EFTs; Bank Responsibilities; Forgery. Assignment 14: Checks 19. October 28 Topic: Creditor s Rights & Bankruptcy Liens; Secured Transactions; Priorities. Review for Quiz 2 Reading: Chapters 10-12 Reading: Chapters 13-14 Reading: Chapters 15-18 Reading: Chapter 19 Reading: Chapters 20-23 Reading: Chapters 24-25 Reading: Chapters 26-27 Reading: Chapters 28-30 20. November 2 QUIZ 2
III. BUSINESS FORMS, ORGANIZATIONS, & REGULATION 21. November 4 Topic: Agency Formation & Duties Authority; Liabilities; Employees & Contractors.. Return & Debrief Quiz 2 In-Class Case: Agency [bring to class] Assignment 15: Contractors 22. November 9 Topic: Employment & Labor Law Employment at Will; Wage & Hour; Unions; Health & Safety; Pensions & Benefits; Privacy In-Class Exercise: At-Will Assignment 16: Grounds for Dismissal Reading: Chapters 31-32 Reading: Chapter 33 November 11 HOLIDAY VETERAN S DAY 23. November 16 Topic: Employment Discrimination Title VII; Equal Pay; Age; Disability; Affirmative Action In-Class Exercise: Good Claim? Assignment 17: Discrimination 24. November 18 Topic: Sole Proprietorships & Franchises Small Business Operation In-Class Exercise: Setting up Business 25. November 23 Topic: Partnerships, LLPs & LLCs Formation; Operation; Termination Assignment 18: Business Form 26. November 25 Topic: Corporations Powers; Classification; Formation; Directors & Officers; Shareholders In-Class Exercise: Roles. Assignment 19: Corporate Ethics 27. November 30 Topic: Government Regulation Administrative Law; Monopolies; Antitrust Assignment 20: Government Regulation 28. December 2 Topic: Consumer Law & Landlord-Tenant Advertising; Credit; Health/ Safety; Real Estate In-Class Exercise: Remedies. Review for Quiz 3 29. December 7 Topic: International Law Treaties; Operating Multi-nationally; Corporate Responsibility. Review for Quiz 3 Reading: Chapter 34 Reading: Chapters 35, 42 Reading: Chapters 36-37 Reading: Chapters 38-39 Reading: Chapters 43 & 46 Reading: Chapters 44 & 48 Reading: Chapter 52 30. December 9 QUIZ 3