Business Law

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   Students will study the law and legal principles as they apply to personal and business life.  Topics include: contracts, employment law, criminal law, torts, and the legal issues involved in buying and selling goods and services.  Students will gain a better understanding of the legal aspects of everyday life by studying cases and attending court field trips.  Guest speakers will provide practical information about the wide variety of employment opportunities in law.
 

Helpful Links:

Employment Law Guide

  

Course Outline

1.       Ethics and Law

a.       Identify consequences of unethical and illegal conduct

b.       Describe how to develop an ethical and legal life style

c.        List the most common sources of law

d.       Explain the way social forces may sometimes conflict

 2.       Sources of the Law

a.       Describe the powers and limitations of the federal government as stated in the Constitution

b.       Identify the basic freedoms guaranteed by the Bill of Rights and describe several key Constitutional amendments beyond the Bill of Rights

c.        Compare and contrast the national constitution with state, territory, and province constitutions

d.       Determine how courts make law and explain the role of precedent in the legal system

 3.       Structure of the Courts

a.       Differentiate among cases that belong within the jurisdiction of the federal and state, territory, and province court systems

b.       Compare and role of juvenile court with the role of the courts within a state, territory, or province

c.        Explain the role of the national and state, territory, and province appellate courts

d.       Differentiate between the roles of the US Supreme Court and state, territory, and province supreme courts

 4.       Classification of Procedural Law

a.       Define litigation

b.       Define Alternate dispute resolution

c.        Explain the advantages and disadvantages of arbitration, mediation, and conciliation

d.       Compare and contrast the steps in a civil law suit with the steps in a criminal prosecution

e.       List and explain the steps in criminal and civil trials

f.         Describe the appellate process in criminal and civil cases

g.       Define the statute of limitations

 5.       Classification of Substantive Law

a.       Define different types of business crime (e.g., arson, forgery, and embezzlement)

b.       Determine several defenses to criminal acts (e.g., insanity defense and self-defense)

c.        Distinguish between a tort and a crime

d.       Differentiate between and give examples of negligence and intentional torts

e.       Explain the concepts of the reasonable person test and proximate cause

f.         Explain the concept of strict liability and describe circumstances under which it is imposed

g.       Describe the penalties available in criminal law and the remedies available in tort law

 6.       Contract Law

a.       Differentiate between classes of contracts (e.g., bilateral and unilateral, express and implied, and oral and written)

b.       Explain how offer and acceptance can create contractual rights and duties

c.        Determine whether or not an agreement is definite enough to be enforced as a contract

d.       Differentiate between the ways that assent can be undermined (e.g., fraud, nondisclosure, misrepresentation, mistake, duress, and undue influence)

e.       Define and distinguish between different types of consideration and list the exceptions to the requirements of consideration

f.         Explain a minor’s right to avoid a contract

g.       Identify categories of people who lack contractual capacity

h.       Describe the concept of unconscionability and compare it to illegality

i.         List the essential information that should be included in writing under the statute of frauds

j.         Explain the parole evidence rule

k.        Describe the various rules applied to the interpretation of contracts

l.         Explain the various rules applied to contracts involving third parties

m.     List the ways a contract can be discharged

n.       Describe breach of contract and the remedies available when a contract is breached

o.       Discuss the impact of the laws of different countries on contractual transactions 

The Following Topics Will Be Addressed if Time Permits:

 7.       Law of Sales

a.       Distinguish between a sale of goods and other transactions relating to goods

b.       Describe the Uniform Commercial Code (UCC)
Explain why the UCC has been adopted by individual states

c.        Describe the Uniform Computer Information Transactions Act (UCITA), the Uniform Electronic Transactions Act, the Electronic Signatures in Global and National Commerce Act, and the Millennium Digital Commerce Act

d.       Discuss the issue of taxation and e-commerce

 8.       Consumer Law

a.       Identify legislation that regulates consumer credit and electronic credit transactions (e.g., Fair Credit Reporting Act, Fair Credit Billing Act, Equal Credit Opportunity Act, Fair Credit Collection Practices Act, and (Consumer Credit Protection Act)

b.       Discuss consumer protection legislation (e.g., Federal Trade Commission Act, Consumer Product Safety Act, and Consumer Leasing Act)

 9.       Agency

a.       Distinguish between an agent and individuals such as independent contractors, real estate brokers, bailees, and trustees

b.       Distinguish between a general power of attorney, a durable power of attorney, and a limited power of attorney

c.        Explain the different types of agents

d.       Define ratification and its elements

e.       Explain the concept of vicarious liability

 10.    Employment Employment

a.       Explain the relationship of Title VII of the Civil Rights Act of employment

b.       Explain the difference between disparate treatment and disparate impact in discrimination cases

c.        Explain the Civil rights Act of 1991

d.       Determine what questions can and cannot be asked during an employment interview

e.       Demonstrate an understanding of the basis on which employees or applicants may be asked to take tests (e.g., aptitude, psychological, polygraph, and drug tests)

f.         Identify legislation that regulates employee rights (e.g., Americans with Disabilities Act, Age discrimination in Employment Act, Family and Medical Leave Act, and Older Workers Benefit Protection Act)

g.       Identify legislation that regulates employment conditions (e.g., Fair Labor Standards Act, Immigration Reform and control Act, and Occupational Safety and Health Act)

h.       Identify legislation that guarantees worker benefits (e.g., unemployment insurance, pension protection, workers’ compensation, and Social Security legislation)

i.         Describe the collective-bargaining process

j.         Identify legislation that regulates union activities (e.g., National Labor Relations Act, Taft-Hartley Act, and Landrum-Griffin Act)