MASSACHUSETTS BAY COMMUNITY COLLEGE
BUSINESS LAW I - LA221
Syllabus - Spring 1998

Updated January 24, 1998

Dr. Glenn Everett Churchill
Telephone: 781-837-2183
Toll Free: 800-696-8199
Facsmile: 781-834-2060
Email: WIZARDofLAWS@juno.com

A. INTRODUCTORY INFORMATION

COURSE:
LA 221 - Principles of Business Law I

INSTRUCTOR:
Dr. Glenn Everett Churchill

MEETING WITH THE INSTRUCTOR:
The instructor will be available to meet with students personally either before or after classes. The instructor can also conference with students by telephone or e-mail.

CONTACTING THE INSTRUCTOR:
The Instructor can be contacted through the Business and Career Studies office. You can also reach the Instructor at his private offices.

Business and Career Studies Office
Telephone: 508-270-4222

Churchill Law Offices
Post Office Box 501
Marshfield, Massachusetts 02050
Massachusetts: 781-837-2183
Arizona: 800-696-8199
Telecopier: 781-834-2060
E-Mail: WIZARDofLAWS@juno.com
URL: https://members.tripod.com/~ChurchillLaw

B. COURSE DESCRIPTION

Important areas of law with particular emphasis on commercial aspects. Legal process, sources of law, torts, criminal law, contracts, and an introduction to the Uniform Commercial Code. Major stress on substantive law.

C. COURSE OBJECTIVES

  • Students will examine and develop a basic understanding of the legal thought process. Students will learn, through this process, to analyze and evaluate legal issues and problems.

  • Students will be able to explain the sources of law; the principles underlying the legal system; and the manner in which laws are developed, implemented, and enforced. This will include a consideration of the influence of constitutional provisions, statutory law, case law, and administrative rule-making in the legal process.

  • Students will be able to evaluate issues involving business crimes, torts, and strict liability.

  • The class will review the substantive law of contracts, including such issues as the formation of contract, factors affecting the validity of contracts, elements of breach, and enforcement. The class will also be introduced to the Uniform Commercial Code Sales provisions. Students will be in a position to spot legal issues related to these subjects and present their evaluation of such issues.

  • Students will gain an understanding of the procedural and practical issues in the legal system, including the federal and state court systems and jurisdictional factors affecting litigation. Students will learn to explain and describe the judicial system.

  • Students will be able to describe the manner in which litigation is instituted and the way in which litigation moves through the judicial system. This will include a consideration of the framing and filing of complaints, answers to complaints, counterclaims, dispositive motions, pre- trial discovery, pre-trial hearings and conferences, trials, and appeals from adverse decisions.

  • Consideration will be given to alternative methods of dispute resolution and how they can be used to dispose of legal differences. Student will be able to explain the nature of these devices and their advantages and disadvantages.

  • Product Advertising, Consumer Protection, Employment Relations, and Equal Employment laws will also be reviewed. These areas will be considered not only with regard to their substance but also as they reflect considerations of business ethics and social responsibility. The students will be able to explain the impact of these subjects on business and the individual involved in business.

  • Students will be exposed to ethical issues of concern to both business persons and lawyers and will be expected to be able to apply critical thinking to the evaluation of ethical issues..

  • The class will also examine the role and impact of administrative agencies, the development of administrative rules and regulations, and administrative law practice and procedure. Here, too, the student will be expected to be able to relate the distinctions among legislation, judicial, executive, and administrative laws as they impact businesses and individuals.

  • Among the goals of the class will be to assist students who find themselves in business management and administration as well as entrepreneurial positions in the business world to understand the manner in which the legal system affects business, the way in which legal concerns are spotted and evaluated, and the process by which legal disputes are resolved. The overall purpose of such understanding will be to allow members of the business community to better understand how legal issues might affect decision to be made on individual business problems, to better decide how to pursue disputes and conflicts, and to be better able to decide when and how to work with the legal community in dealing with business issues.

    D. COURSE MATERIAL

    COURSE TEXT: Business: It's Legal, Ethical, and Global Environment, 4th Edition. Marianne Moody Jennings. South-Western College Publishing Company (Cincinnati 1997).

    OTHER MATERIAL: Supplemental materials may include such things as case reports, statutory law, court pleadings, and articles of interest. Materials are also on reserve at the MBCC library.

    AVAILABILITY OF MATERIALS: The course text is available at the Massachusetts Bay Community College Book Store. Supplemental materials will be provided in class by the instructor. Reserve materials are available at the MBCC library.

    E. READING AND ASSIGNMENTS

    The reading assignments set forth in this syllabus are from the course text, Business: It's Legal, Ethical, and Global Environment. The reading assignments are guidelines that may vary and will be supplemented by materials that will be handed out in class.

    All reading and other assignments should be completed prior to the designated class meeting and students should be prepared for quizzes on and discussion of the assigned reading or exercises.

    FIRST SESSION (01/22/98):
    First class meeting. No reading assignments.

    SECOND SESSION (01/29/98):
    Chapter 1, Introduction to Law, Pages 2 - 7.

    THIRD SESSION (02/05/98):
    Chapter 3, The Judicial System, Pages 68 - 98.

    FOURTH SESSION (02/12/98):
    Chapter 4, Managing Disputes: Alternative Dispute Resolution and Litigation Strategies, Pages 102 - 138.

    FIFTH SESSION (02/19/98):
    Chapter 6, Administrative Law, Pages 190 - 228.
    Chapter 5, Busines and the Constitution, Pages 148 - 186.
    Remember to check with the instructor. There will be either a substitute instructor or class cancellation.

    SIXTH SESSION (02/26/98):
    Chapter 8, Business Crime, Pages 252 - 289.

    SEVENTH SESSION (03/05/98):
    Chapter 9, Business Torts, Pages 292 - 324.

    EIGHTH SESSION (03/12/98):
    Mid-Term Examination

    NINTH SESSION (03/19/98):
    Spring Recess - No Class.

    TENTH SESSION (03/26/98):
    Chapter 14, Contracts and Sales: Introduction and Formation, Pages 478 - 510.

    ELEVENTH SESSION (04/02/98):
    Chapter 15, Contracts and Sales: Performance and Remedies, Pages 514 - 540.
    Remember to check with the instructor. There will be either a substitute instructor or class cancellation.

    TWELFTH SESSION (04/09/98):
    Chapter 12, Business Property, Pages 402 - 436.

    THIRTEENTH SESSION (04/16/98):
    Chapter 13, Trade Practices: Antitrust Laws, Pages 440 - 475.

    FOURTEENTH SESSION (04/23/98):
    Chapter 10, Product Advertising and Liability, Pages 328 - 365.

    FIFTEENTH SESSION (04/30/98):
    Chapter 19, Employment Discrimination, Pages 670 - 712.

    SIXTEENTH SESSION (05/07/98):
    Chapter 2, Business Ethics and Social Responsibility, Pages 30 - 64.

    SEVENTEENTH SESSION (05/14/98):
    Final Examination

    F. ATTENDANCE POLICY

    Attendance at all class sessions is expected. Much of the material covered in class is not included in the text book. Therefore, attendance is important to fully understanding the information presented. Attendance and class participation will be a factor in grading for the course and unexcused absences will have a negative impact on the student's grade.

    G. STUDENT EVALUATION

    Participation in class discussions and activities will be considered in determining the grade.

    Two examinations will be given. One will be a mid-term examination and the second will be the final examination.

    Each of the two examinations will take up one full class session. Examinations not taken due to absence will count as the lowest grade unless suitable arrangements can be made to take them at later date. In-class writing assignments will also be given. The number of writing exercises will depend upon how much material we are able to cover during the term.

    One percent of the total grade will be deducted for each unexcused absence and deductions of one-half percent will be given for unexcused lateness.

    Class participation is important to an informative and lively educational experience. Value is, therefore, placed upon class participation. Class participation will count for a total of fifteen percent of the total grade. Credit for class participation is given for intelligent and useful questions and contributions to class discussion.

    The foregoing criteria will count toward the final grade in the following manner:

  • Class Participation Fifteen (15%) percent
  • In-Class Writing Twenty-Five (25%) percent
  • Mid-term Examination Thirty (30%) percent
  • Final Examination Thirty (30%) percent
  • TOTAL One hundred (100%) percent

    H. INSTRUCTION METHODS

    Instruction will consist of a variety of methods. Lectures will make up only a part of the approach to instruction. Other methods of instruction will be used and may include class discussions, class evaluations of legal problems, writing exercises, and video tapes.

    J. CHEATING AND PLAGIARISM

    It should go without saying that no form of cheating or plagiarism will be tolerated. Any such conduct will be treated in accordance with the procedures set forth in the student handbook and college catalogue. Cheating and plagiarism can result in a failing grade for any applicable examination or assignment and for the course. Cheating and plagiarism can also result in other disciplinary action.

    K. SMOKING, EATING, AND DRINKING

    Smoking, eating, and drinking are prohibited from the class room. Smoking is not permitted in any of the buildings.

    L. CANCELLATION OF CLASSES

    If any classes are canceled due to inclement weather or other circumstances, all matters relative to the affected class, including examinations and assignments, will be automatically rescheduled for the next class meeting.