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COURSE INFORMATION SHEET

Course Title: Fundamentals of Business Law

Course Number: Law 1101 Fall 2016

Name of Instructor: Professor Gabriel Garnica

Department: Law

Phone: 646-312-3599

Office: 9-220C, Vertical Campus

Office Hours: As an adjunct I do not have official office hours. However, if you need to speak
with me you should approach me before or after class so we can arrange a mutually convenient
time. Usually, that time will be before or after class and in the same room where class is held.

E-Mail: lawprofgbg@yahoo.com Please use this address rather than my Baruch address,
which will always take longer for response. Please note that when I e-mail you through
Blackboard, the return address is my Baruch address and there is nothing I can do to change that.
Dont reply to that address. Use the yahoo.com address for much quicker response.

Course Description: This course provides an understanding of the nature of law and its role in
business. The law of business contracts will be examined in some depth. Other topics we will
consider include tort liability, business crime, business ethics, intellectual property, government
regulation and employment law. The course requires case analysis, problem solving, issue
debating, and the development of critical thinking skills, plus oral and written communication.

Syllabus:

A topic outline is attached to this information sheet.

Specific Course Objectives:

This course is about internalizing information read and discussed. Internalizing here
means thinking about and analyzing that information. I want you to develop critical thinking,
which means not accepting everything at face value or simply because it has been handed out to
you from on high. I want you to approach issues asking why the issue is important; how many
different sides and arguments surround the issue; what are key factors or variables involved in
discussing that issue; how has this issue been handled so far and why; how you personally feel
about the issue and why; what central debates are involved in the issue, if any; where do you see
this issue going in the future and why and where would you like it to go and why.
You will be expected to read, think, and communicate, orally and in writing, and be able to

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contribute that internalization to the class in discussions and debates. Contrary to popular
opinion and media storylines, the law is often blurred and grey, and not always clearly black and
white and straightforward. You must learn to not only be comfortable with that reality but, just
as importantly, you may actually grow to relish that situation as it will encourage you to jump
into the debate. I believe that this course will help you improve in each of these areas.

Learning Objectives-----Law 1101

On completion of this course, a student should be able to:

1. Do a written analysis of a factual problem that: (a) identifies the legal issues that are presented
by the problem, (b) states the legal rules that apply to the problem, (c) examines how the legal
rules apply to the particular facts of the case, and (d) predicts who will prevail in the case and
what remedies, if any, will be appropriate.

2. Analyze a factual situation where the result might be uncertain under the relevant legal rules
and discuss the factors a court might consider in reaching a result or the factors a business person
should consider in deciding upon a course of action.

3. Recognize the difference between legal, ethical and social responsibilities in the business
environment.

4. Identify the meaning and significance of the clauses of a basic contract and discuss whether
its provisions achieve a desired result.

BBA Learning Goals Addressed in this Course:

The faculty of the Zicklin School of Business has adopted seven (7) Learning Goals for BBA
students. The purpose of these goals is to create a common understanding between students,
faculty and potential employers of the core objectives for a business education. The seven goals,
together with assessment criteria, can be viewed at
http://www.baruch.cuny.edu/assessment/Learning_Goals.htm

The following Zicklin Learning Goals will be addressed in this course:


Analytical Skills.The analytical and critical thinking
skills to evaluate issues faced in business and professional careers.
Communication Skills: OralThe necessary oral communication
skills to convey ideas and information effectively and persuasively.
Communication Skills: Written...The necessary written
communication skills to convey ideas and information effectively and persuasively.
Civic Awareness and Ethical Decision-making...The knowledge base and analytical
skill to guide you when faced with ethical dilemmas in business as well as an awareness of the
political, civic and public policy issues affecting business.

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Expectation from Students/Grades:

Law 1101, and the law for that matter, is never an easy ride, so expect that at the end you
will look back and say you had to work hard for your grade. If this is your first law course, you
will learn a new language and how to think like a lawyer. This all means that you seek and
hope for clear answers but remain comfortable with ambiguity. Right answers may not always
be possible, but a right approach certainly is. Once you learn these new skills, they will help
you in future school work of any subject and, believe it or not, in life, so work hard, be patient
with yourself, respect others, think critically, and do not be surprised if you actually have fun and
smile a lot. There are definitely some things you can do to increase the likelihood that you
will do well in this course.
1. Prepare for class by reading and thinking about the assigned reading.
2. Come to class and be on time as well which means by attendance (otherwise you are
late) and at least no later than 30 minutes after the start of class (after which you are
considered absent).
3. Participate in class by asking questions and contributing your views as possible.
4. Follow instructions on what, how, and when to submit things.
5. Do your best on all assignments with high standards for your own work.
6. Make index cards of legal terms you are responsible for and review regularly.
7. Practice answering review essays as possible to develop your essay writing ability.

Assignments:

1. The class portion of your final grade calculation will consist of 2 assignments as
follows:
2. A Homework Assignment consisting of an assigned chapter problem ( 10 pts) and a
case brief on any topic from that same assigned chapter ( 10 pts ) for a total of 20 pts.
The grading rubric for this homework assignment can be found below. The nature and
content of this assignment will be carefully and repeatedly explained during the first
month of class, but not thereafter. Please note that failure to include either the
problem or the brief will result in a maximum grade of 10/20 with no exceptions.
There will be a penalty deduction of 5 pts for problems or briefs not handed in during
the assigned day such that, for example, failure to provide both the problem and brief
until the following week would result in a total grade deduction of 10 pts from the
earned grade for the assignment. Absolutely no homework will be accepted more than
one week after assigned, in which case the homework grade will be zero.

3. The submitted homework assignment must be submitted by hand (hard copy) on the
date assigned. No online submission of this assignment will be accepted at any time.
In order to receive full credit, the assignment must be handed during actual class time.
If you know in advance that you will be absent on the date you are assigned to submit
your homework assignment, you should inform me, in person at class and not online,
of that fact the week before your absence, along with a valid reason for the absence.
Failure to provide a valid reason will not prevent a grade deduction, which will be
only 5 pts for the total assignment and 3 points for any missing part ( brief or problem

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). The only way to totally avoid any grade deduction in the homework is to submit the
homework a week early or provide solid, verifiable, documented medical or legal
evidence or justification for the absence.

5. The brief should follow the proper brief format as discussed in class and shown in
the book and the problem should be answered thoroughly. There will be a 30% grade reduction
for briefs or problems not following these formats.
6. This submitted assignment should be typed, double-spaced between lines and triple-
spaced between paragraphs, 10 or 12 point font, with normal margins. There will be a 10%
grade reduction for handwritten assignments and a 20% deduction for sloppy ones.

7. The second assignment part of your class grade will consist of a Team Presentation
on a topic of legal or business interest, presented to the class during the time frame allowed for
that and approved by me. That presentation will consist of a written portion worth a
maximum of 10 pts and an oral portion worth a maximum of 10 pts for a total maximum
presentation grade of 20 pts. Failure to provide the written portion or participate in the
oral portion will result in a maximum score of 10/20 for this part of the assignment. The
grading rubric for this team presentation is provided below as well.

8. Students overall class grade will be determined by adding the average of the
homework and presentation grades and the just noted instruction score for a
maximum class score of 20 which will count as 20% of the overall grade.

Cengage Portion of Grade

In order to enhance and deepen the class portion of the grade, students will receive a Cengage
score out of 20 which will represent their performance on Cengage activities. This score will be
determined by each students overall Cengage score as explained in class.

Determination of Final Class Grade

The final class grade portion of each students grade will be determined by finding the average of
the class assignment and Cengage grades as explained in class.

Extra Credit/Bonus Point Opportunities

Students will be given the opportunity to earn extra credit/bonus points to their final grade via
four ways: a) a legal crossword competition b) a legal word competition c) a legal wheel
competition and d) a legal jeopardy competition. More will be explained regarding these
opportunities in class.

Students should read the Zicklin School of Business Written and Oral Communication
Assessment Criteria. Students are additionally expected to adhere to writing standards described

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in The Little, Brown Writing Handbook, (10th edition) by Fowler and Aaron.

Responsibility: It is your responsibility to be aware of and complete all homework


assignments on time. The list of assignments will be emailed and posted on Blackboard. If you
are absent from class, it is your responsibility to get notes from another student of the work
covered in class that day. If, after reviewing those notes, you have questions, please consult with
me.
Resources: If you have issues with oral or written communication, please also take
advantage of the resources at Baruch that can help you with those issues. For instance, the
Department of Communication Studies has a number of labs, including labs for those for whom
English is a second language. See
http://www.baruch.cuny.edu/wsas/academics/communication/Resources.htm
The Writing Center can provide assistance with writing skills generally and with
particular assignments. See http://www.baruch.cuny.edu/writingcenter/

Grading: Midterm 1 & Midterm 2 Average 25%


Class Grade 20% ( assignment +Cengage)
Following Instructions* 5%
Final 50%
The grade for following instructions will take into account how well the student follows
instructions given for the homework ( brief and problem), team presentation, and how to set up
essays and other parts of the midterms.

Materials: ePack: Custom Business Law Today Standard Edition, 11th + CengageNOW
Instant Access Code, Miller/Jentz. This package includes a softcover custom textbook, and an
access code that will give you access to an ebook that includes the entire text and to the online
materials at CengageNOW. Access to CengageNOW is considered a valuable part of the course
and will be included in your class grade as noted above.
Students were given instructions on how to register with and access Cengage a few weeks ago.
Any technical issues, problems, or questions should be directed to the Cengage help resources
provided by Cengage to students. We have neither the resources nor the knowledge to adequately
respond to chronic student Cengage issues.

Blackboard: It is your responsibility to access Blackboard regularly to check on emails,


assignments, reading material, etc regularly. If you have problems accessing Blackboard, you
should seek help from the technology people across the street or as possible as soon as possible
as you cannot use these problems as excuses for not submitting work or knowing assignments.

Recording Policy: Recording of any class is prohibited.

Attendance Policy:

Professors can only give WU for a student that does not attend the final. Attendance is strongly
encouraged as a way of maximizing both the learning experience and opportunity for

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clarification of concepts. Obviously, students who attend regularly will have an advantage over
those who miss class.

Academic Integrity: I fully support, and expect students to know and adhere to, the Baruch
College Academic Honesty Policy, found at
http://www.baruch.cuny.edu/academic/academic_honesty.html. It states, among other things,
that
Academic dishonesty is unacceptable and will not be tolerated. Cheating, forgery,
plagiarism and collusion in dishonest acts undermine the college's educational
mission and the students' personal and intellectual growth. Baruch students are
expected to bear individual responsibility for their work, to learn the rules and
definitions that underlie the practice of academic integrity, and to uphold its ideals.
Ignorance of the rules is not an acceptable excuse for disobeying them. Any student
who attempts to compromise or devalue the academic process will be sanctioned.

Academic sanctions in this class will range from an F on the assignment to an F in this
course. A report of suspected academic dishonesty will be sent to the Office of the Dean of
Students.

If you have any questions about what academic dishonesty is, please visit
http://www.baruch.cuny.edu/academic/academic_honesty.html or take the online tutorial at
http://newman.baruch.cuny.edu/help/plagiarism/default.htm. You can also read about plagiarism
in the writing handbook you purchased as a Baruch student. Depending on when you entered
Baruch, that handbook is either:

Fowler and Aaron, The Essential Little, Brown Handbook, pp. 150-56;
Fowler and Aaron, The Little, Brown Handbook, pp. 629-38; or
Raimes, Keys for Writers, 3rd edition, pp. 104-112; 4th edition, pp. 116-128

If questions remain, ask me. Ignorance is not an acceptable excuse for unacceptable practices.

Professor Garnica

Rubrics for Course Components

Homework20 ptscase brief. 10 pts.. proper format..3pts


neatness..............3pts
proper form & 1 page4pts

problem..10 ptsproper format.3 pts


proper form and neatness3 pts
answer and development.4 pts

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Group Presentation20pts . Written/Research/ Analysis 10 pts
1 pt deduction if less than 2 pages but more than 1 page
2 pt deduction if only 1 page
3 pt deduction if less than 1 page
1 pt deduction if improper margins, format, spacing etc.
1 pt deduction if missing class ( 1,2 or 3)
1 pt deduction if missing name or alternative names
1 pt deduction if missing problem number
1 pt deduction if not neat or not typed
1 pt deduction for each missing source from preferred 3
Written portion of group presentation should be ideally 2 pages long, single-spaced with double-
spaces between paragraphs, and include at least 3 sources for work .
Oral Portion 10 pts
1 pt deduction if slight reading with reduced eye contact
1 pt deduction if poise issues
2 pt deduction if less than 3 minutes
2 pts deduction if some reading with reduced eye contact
3 pt deduction if considerable reading with less eye contact
4 pt deduction if lots of reading with little eye contact
5 pt deduction if little preparation seen

Midterm Exams 5 essays..75 pts


Fill In ..30 pts
Instructions /Law application..20 pts..125 pts /5 = 25 pts
each exam. Determine Midterm score by taking average of two midterms = 25 pts********

Final Exam. Essays..75 pts


Fill In..........25 pts
Application etc25 pts
125 pts/ 5 then X by 2 = 50 pts for Final****

Class Assignment Score = Average of homework ( brief 10.problem 10) and team
presentation ( written 10.oral 10 ) = 20 pts

Cengage Score= Performance percentage on assigned Cengage work out of 20 pts

Class Score = Average of Class Assignment and Cengage Scores = 20 pts Class*****

Instructions Score.out of max of 5 pts for following instructions in all of the above = 5 pts**

Topics Chapters Relevant Statutes Homework


Problems
7
Intro to Course Ch. 1 Cengage & Class
The Legal Ch. 3 Generated
Environment Ch. 32
Courts and Alternative
Dispute Resolution
Environmental Law

8/26

Nature & Classification Ch. 10 UCC 1-102, 1- 10-1, 10-2, 10-4,


of Contracts Ch. 11 103, 2-104(1), 2- 10-5, 10-6,10-7
Agreement
Consideration, 105(1), 2-106(1) Additional
Capacity, Legality Ch. 12 GOL 5-1109, problems 1- 10 for
5-332; chapter 11
UCC 2-205, 2-
9/2 206, 2-207, 2-305, 12-1, 12-2, 12-3,
2-306 12-4, 12-5, 12-6,
12-7, 12-8, 12-9
Defenses to Contract Ch 13, 14, 15 Additional
Enforceability Problems 1-17 for
Third Party Rights &
Discharge
chapter 13
Breach & Remedies
14-1, 14-2, 14-3, 14-4,
9/9 14-5, 14-6, 14-7, 14-8
------------------------
15-1, 15-2, 15-3, 15
Sales and Lease Ch 17 See Statutes 17-1, 17-2, 17-4, 17-5,
Contracts 1,3,32,10,11,12,13,14,15,17 17-6, 17-7, 17-8, 17-9
Review for 1st
Midterm
9/16
First Midterm Above
Chapters
9/23 Reviewed
NO CLASSES

9/30

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Business Ethics Ch 9
Tort Law Ch 4 9-1, 9-3, 9-6, 9-7
Group Debate # 1
Ethics 4-3, 4-5, 4-6, 4-7,
4-8 Additional
Labor L. 740, 741 problem 1
Civ. Serv. L. 75-b
+ See end notes on
lecture notes

10/7
Employment
Discrim.
25-1, 25-2, 25-3, 25-4,
Grp Debate # 2 Ch 25 25-5, 25-6, 25-7,
Torts Additional Problem 1
Grp Debate # 3
Labor Law

10/14

Criminal Law Ch 8 8-5, 8-6, 8-7


Group Debate # 4
Criminal Law

10/21

Intellectual Property Ch 6
Review for 2nd 9,4,25,8,6
Midterm
Group Debate # 5
Intellectual
Property

10/28
Second Midterm Ch 9,4,25,8,6

11/4
Legal Feud/ Bonus Activities
Crossword

11/11

9
Legal Wheel

11/18
NO CLASSES Happy Thanksgiving
!
11/25
Legal Jeopardy Bonus Activity

12/2
Review for Final All Chapters
Exam
Grade Evaluation

12/9

Final Exam All Chapters Good Luck in all of


your future efforts !
12/16

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