University of San Diego
School of Business
Business
Law II
MW
1-2:20 P.M.
Fall
2016
Richard E.
Custin, J.D., M.Ed., LL.M. email: rcustin@sandiego.edu
Coronado 216- Office Hours- 7-7:45 AM
& 10:15-11 AM MWF and as arranged.
619 260-4854
Class Blog: http://custinusdblaw2.blogspot.com/
Course
Description:
“Continued study of the
legal environment of business, including such topics as creation, operation,
and termination of partnerships and corporations, sale of goods, and negotiable
instruments. Case study.” Prerequisite:
ETLW 311.
Course
Objectives:
Students who complete this
course will be able to:
- To
understand, appreciate and apply ethical principles as they relate to
business professionals
- To
develop a plan for personal and business litigation avoidance
- To
distinguish between common law and Uniform Commercial Code (UCC) contracts
- To
understand and apply UCC Article 2 to the creation and interpretation of
sales contracts
- To
appreciate the significance of negotiable instruments including
negotiability and transferability
- To
understand UCC Article 3 as applied to checks and electronic fund
transfers
- To
develop a working knowledge of UCC Article 9 as applied to secured
transactions
- To
understand the significance of the law involving agency formation and
duties
- To
distinguish between various forms of business organizations
- To
prepare for the legal and ethical topics generally found on the CPA
examination
- To
understand, appreciate and apply ethical principles as they relate to
business professionals
Key topics to be covered this semester
are:
Common law and UCC law as applied to contracts
Third-party contracts, discharge & remedies
Sales and lease contacts under UCC Article 2 and 2A
Title, risk of loss and insurable interest
Law as applied to banking, checks and electronic transactions
Secured Transactions as governed by UCC Article 9
Negotiable Interests – UCC Article 3
Partnerships and corporations
Alternative dispute resolution; mediation, arbitration and peacemaking
Liability and ethical obligations of professionals
Course
Materials:
Dynamic
Business Law, Kubasek, 3rd Edition, McGraw Hill, (2014)
Custom,
electronic or previous editions are not adequate. You must bring the class text to our first
class meeting and all scheduled classes.
Please do not share texts in class.
Course
Requirements and Student Evaluation:
Attendance:
Absences
from class meetings may adversely affect your course grade. It is not possible to “make-up” projects or
assignments completed in class.
Course Information:
The lectures, discussions, assignments,
personal interaction and all educational activity are information and not legal
advice. If you need legal, tax or other professional
advice, consult a licensed attorney or other professional. The instructor is not providing legal or
other representation to any student. No
attorney client privilege is expressly intended or implied.
You
must be prepared to discuss the material assigned and the cases contained
within. In the event you are unprepared for any class question or case
discussion your overall cumulative grade points may be reduced five points for
each instance you are unprepared. We need your active participation!
Please do not use phones or other electronic devices during class. You must
have a text available in each class meeting.
Please
provide me with a valid e-mail address. I may contact you via e-mail with
information concerning class cancellations, assignments, due dates and
supplemental reading. An e-mail message created and sent to you creates a
presumption that the e-mail was received and read by you. Therefore, check your
e-mail regularly!
No
make-up examinations will be given absent extraordinary reasons. (ie: major
earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and
disasters of monstrous proportion) No assignments will be accepted after the
announced due date.
Please do not request a specific grade or advise the
instructor that you need a grade to maintain a scholarship or for some other
reason. Requesting a grade or attempting to influence the instructor
concerning grading constitutes professional misconduct. I do not
change grades unless I have made a calculation error. I do not discuss grades
in emails.
I will not respond to email messages that are
unprofessional, lack an appropriate salutation or have multiple grammar errors.
It is not acceptable in business correspondence to communicate like you are
messaging your “best bud”. Let's get it right to save embarrassing and costly
mistakes in the future. Should you not receive a response from me to your
email, please check your message for professionalism and correct grammar.
The unauthorized use of cellphones, computers or other
electronic devices during an examination may result in your failure on the
examination and/or in the course. No
material is allowed during tests or the final examination.
I retain copies of tests, exams & assignments for sixty
days following the end of the semester.
I generally do not entertain questions within 24 hours of
any test including the final examination.
The final exam time is set by the USD Registrar and is available
on my.sandiego.edu.
Professionalism requires that you act at all times with
skill, good judgment and respect for others.
Respect is not earned but is freely given.
Grading:
Scale: A+ 100-97, A
96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D
68-62, D- 61-60, less than 60=F
* Earning the grade of “A” also requires that you act at
professional all times, actively participate in class and complete all written
assignments.
4 tests = 30%
Final Examination= 40%
Essay and/or multiple choice
Comprehensive
Written Assignments= 15%
Professionalism & Class Participation= 15%
Statement
on Academic Integrity:
“All members of the University community share the
responsibility for maintaining an environment of academic integrity since
academic dishonesty is a threat to the University. Acts of academic dishonesty
include: a) unauthorized assistance on an examination; b) falsification or
invention of data; c) unauthorized collaboration on an academic exercise; d)
plagiarism; e) misappropriation of resource materials; f) any unauthorized
access of an instructor's files or computer account; or g) any other serious
violation of academic integrity as established by the instructor.”
School
of Business Mission Statement:
“We develop socially
responsible business leaders with a global outlook through academically
rigorous, relevant and values-based education and research.”
