School of Business
Universtity of Bridgeport

BLAW 251 - Business Law I
Fall Term, 2008

Prof. William E. Greenspan
Phone: (203) 576-4378
E-mail: profweg@bridgeport.edu
Web Page: http://community.webtv.net/profweg/UB

MW 4:00 - 5:15 P.M. MAN 310

Office Hours in MAN 309:
Mon: 6:30 - 9:30 P.M.
Tue: 5:00 - 8:00 P.M.
Wed: 6:30 - 9:30 P.M.
Thu: 5:00 - 9:00 P.M.

Topics Covered:
Court systems, sources of law in the United States, the constitutional basis of the legal system, government power to regulate business, the types and powers of administrative agencies, civil dispute resolution and alternatives to civil litigation;

The law of Contracts, fairness and good faith in interpretation of contracts, and the United Nations Convention on Contracts for the International Sale of Goods;

Problems in Agency and Employment, the ethical implications of business decsions, the broad functions of criminal and tort law, the Foreign Corrupt Practices Act, and the constitutional limitations on criminal procedure.

Expected Knowledge and Learning Outcomes:

Knowledge Outcomes: After you have taken this course, you should be able to:
1. Explain how the court system works in the United States, how law is made in the United States, the types and powers of administrative agencies, and some aspects of the extent of extraterritorial reach of United States law on activities in international commerce.
2. Identify the elements of a binding contract, and the impact of statutory law (U.C.C.) on fairness and good faith in interpretation of contracts.
3. Distinguish between torts and crimes and their functions in the legal system.
4. Describe the relationship of agency law to business transactions and the ethical implications of business decisions made by fiduciaries.

Learning Outcomes: As a result of taking this course you should be able to:
1. Recognize and understand the legal significance of business transactions occurring around you and in which you will participate, and to know when to call a lawyer.
2. Appreciate and understand the language of actual court cases, and the "feel" of a court's thinking, using legal principles in live situations.

Text:
BUSINESS LAW - The Ethical, Global, and E-Commerce Environment; Mallor (author); Thirteenth Edition, 2007 (published February, 2006); McGraw Hill/Irwin (publisher); ISBN 0-07-327139-X

Grading:
There will be two tests and a final exam. Each test counts 30% and the final exam counts 30%. Class participation counts 10%. Test are short essays based upon the text reading and class discussions.

Make-up Test Policy:
You are expected to take the tests on the dates indicated. If you miss a test, you must take a make-up. If you miss one test, you will receive a ten-point penalty on the make-up. (e.g.  If you earn a grade of 90% on a make-up, you will receive a grade of 80% on that test.) If you miss two tests, then not only will you receive a ten-point penalty on the first missed test, but also a twenty-point penalty on the second missed test. All make-up tests must be completed by the last day of class, before final exams begin.

Briefing Cases:
Selected cases are assigned for almost every class to be briefed as follows:

1. Name of the case and citation
2. Statement of the facts
3. Issue(s) or question(s) of law
4. Plaintiff's arguments
5. Defendant's arguments
6. Opinion and decision of the court
          Who won?
          Explain the relevant law
          Apply the facts to the law

Legal Sites on the Internet: Some of my favorite sites on the Internet for legal research are listed below:

1. WESTLAW CAMPUS RESEARCH

Go to: www.bridgeport.edu/library

Click on: "List of Online Databases."

Scroll down to and click on: "Westlaw Campus Research."

Enter your UB e-mail username and password, and click on "login."

Click on "Legal" at the left top of the page, just to the right of "News & Business."

In the left column under "FIND" you may find a document (case) by citation or by title.

To find a document by citation, type in the citation for the case you wish to find (e.g. 101 S.Ct. 1048 or 56 F.3d 1373), and then hit the "Enter" button on your keyboard.


2. LEGAL INFORMATION INSTITUTE

Go to: www.law.cornell.edu

Click on: "Constitution & Codes" to find:
"United States Code" (USC) which contains the United States Statutes.
"Uniform Commercial Code" (U.C.C.) which contains the full Uniform Commercial Code.

Click on: "Court Opinions" to find:
"U.S. Supreme Court Opinions" for up-to-date decisions of the United States Supreme Court.


3. 'LECTRIC LAW LIBRARY

Go to: www.lectlaw.com



Click on: "Legal Forms" and then click on: "Business & General Forms" where you will find free Legal and Business Forms: Contracts, Sales, Real Estate, Corporation, Partnership, Employment, Power of Attorney, Trusts, Wills, and Promissory Notes.


4. THE FEDERAL TRADE COMMISSION

The Federal Trade Commission (FTC) is the federal administrative agency that prevents unfair or deceptive acts or practices in interstate commerce.

Go to: www.ftc.gov and click on "Actions" for decisions of the FTC.


5. NOLO PRESS SELF-HELP LAW CENTER

Go to: www.nolo.com for hundreds of useful articles on everyday topics such as BUSINESS & HUMAN RESOURCES, PATENTS, COPYRIGHT & ART, WILLS AND ESTATE PLANNING, PROPERTY & MONEY, FAMILY LAW & IMMIGRATION, and RIGHTS & DISPUTES.


6. NEWSPAPERS ONLINE

Go to: www.newspapers.com

This page provides an easy to use tool for referencing the world's newspapers. Search over 10,000 Newspapers Online.


7. NATIONAL FRAUD INFORMATION CENTER

Go to: www.fraud.org

Its mission is to give consumers the information they need to avoid becoming victims of telemarketing and Internet fraud and help them get their complains to law enforcement agencies quickly and easily.

You may fill out and submit the online fraud report form.


8. DEPARTMENT OF CONSUMER PROTECTION - STATE OF CONNECTICUT

Go to: www.state.ct.us/dcp/

The Department is here to make the marketplace in Connecticut as fair as possible for consumers and for those businesses that play by the rules. Check out this Web site to learn more about consumer programs and issues.

Assignments:
The assignments due for each class are listed below. Cases are assigned to be briefed for almost every class. You brief cases for your own use for class discussion and for reviewing for tests. You are not required to submit to me your written briefs unless you have missed a class. If you are absent from a class, then you must hand in to me a copy of your briefed cases for the class you missed. Such submission must be made to me at or before the next class meeting. Failure to do so will result in a five-point penalty on your next test. Of course I expect you to attend every class.

1. Monday, August 25 - Introduction to Law and the Legal System. No assignment due for this class.

2. Wednesday, August 27 - Sources of Law in the United States, the Constitutional Basis of the Legal System, the Types and Powers of Administrative Agencies. Read Chapter 1 (pages 2 - 8 [up to Jurisprudence], and pages 12 [Legal Reasoning] - 13). Also Read Chapter 47 (pages 1142 - 1144) and page 1147 [Separation of Powers]. No cases to be briefed for this class.

3. Wednesday, September 3 - Civil Dispute Resolution and Alternatives to Civil Litigation; Government Power to Regulate Business. Read Chapter 2. Also Read Chapter 3 (pages 53 - 56). No cases to be briefed for this class.

4. Monday, September 8 - Introduction to Contracts, the Uniform Commercial Code (UCC), and the United Nations Convention on Contracts for the International Sale of Goods. (CISG). Read Chapter 9 (pages 274 - 284 [up to "Non-contract" Obligations]). Brief the case beginning on page 280.

5. Wednesday, September 10 - Contracts; Offer. Read Chapter 10 (pages 291 - 300 [up to Termination of Offers]). Brief the case beginning on page 292.

6. Monday, September 15 - Contracts; Termination of Offers. Read Chapter 10 (pages 300 - 304). Brief the case beginning on page 303.

7. Wednesday, September 17 - Contracts; Acceptance. Read Chapter 11. Brief the case beginning on page 310.

8. Monday, September 22 - Contracts; Consideration. Read Chapter 12 (pages 327 - 334). Brief the case beginning on page 329.

9. Wednesday, September 24 - Contracts; Consideration. Read Chapter 12 (pages 334 - 337 [up to Exceptions to the Consideration Requirement]). No cases to be briefed for this class.

10.  Monday, September 29 - Quasi Contract; Promissory Estoppel. Read Chapter 9 (pages 284 ["Non-contract" Obligations] - 287). Also Read Chapter 12 (pages 337 - 340). Brief the cases beginning on pages 285 and 338.

11. Wednesday, October 1 - Test #1 on the reading assignments in Chapters 1, 2, 3, 9, 10, 11, 12, and 47.

12. Monday, October 6 - Contracts; Capacity; Minors. Read Chapter 14 (pages 360 - 369). Brief the case beginning on page 367.

13. Wednesday, October 8 - Contracts; Fraud, Mutual Mistake, Duress. Read Chapter 13. Brief the case beginning on page 346.

14. Monday, October 13 - Contracts; Illegality. Read Chapter 15. Brief the cases beginning on pages 380 and 385.

15. Wednesday, October 15 - Contracts; Writing; Statute of Frauds. Read Chapter 16 (pages 394 - 400 [up to Sale of Goods for $500 or More]). Brief the case beginning on page 396.

16. Monday, October 20 - Contracts; UCC Statute of Frauds; Parol Evidence Rule. Read Chapter 16 (pages 400 - 411). Brief the case beginning on page 407.

17. Wednesday, October 22 - Contracts; Rights of Third Parties. Read Chapter 17. Brief the cases beginning on pages 417 and 425.

18. Monday, October 27 - Test #2 on the reading assignments in Chapters 13, 14, 15, 16 and 17.

19. Wednesday, October 29 - Agency Relationship. Read Chapter 35 (pages 856 - 859). Brief the case beginning on page 858.

20. Monday, November 3 - Agency; Fiduciary Duties. Read Chapter 35 (pages 861 - 870). Brief the case beginning on page 863.

21. Wednesday, November 5 - Agency; Contracts with Third Persons. Read Chapter 36 (pages 873 - 882). Brief the case beginning on page 875.

22. Monday, November 10 - Agency; Tort Liability. Read Chapter 35 (pages 859 - 861). Also Read Chapter 36 (pages 882 - 887). Brief the cases beginning on pages 859 and 884.

23. Wednesday, November 12 - Crimes; White-Collar Crimes and the Dilemmas of Corporate Control. Read Chapter 5 (pages 126 - 138, and pages 151 - 161). Brief the case beginning on page 158.

24. Monday, November 17 - Constitutional Limitations on Criminal Procedure. Read Chapter 5 (pages 138 - 151). Brief the cases beginning on pages 140 and 141.

25. Wednesday, November 19 - Intentional Torts. Read Chapter 6 (pages 165 - 186). Brief the cases beginning on pages 170, 172, and 174.

26. Monday, November 24 - Intentional Torts - Read Chapter 6 (pages 186 - 195). Brief the case beginning on page 191.

27. Monday, December 1 - Negligence. Read Chapter 7. Brief the cases beginning on pages 203 and 205

28. Wednesday, December 3 - Assignment to be announced.

29. Monday, December 8 - (4:00 - 6:00 P.M.) - Final Exam on the reading assignments in Chapters 5, 6, 7, 35, and 36.
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