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Syllabus

Business Law I
BU205

YEAR:

2023-2024

CREDIT HOURS:

3.00

PREREQUISITES:

None

COREQUISITES:

None

COURSE NOTES:

None

CATALOG COURSE DESCRIPTION:

Law of contracts, real property, personal property, bailments, sales and secured transactions with emphasis on the Uniform Commercial Code.

HutchCC INSTITUTION-WIDE OUTCOMES:

  1. Demonstrate the ability to think critically and make reasonable judgments by acquiring, analyzing, combining, and evaluating information.
  2. Demonstrate the skills necessary to access and manipulate information through various technological and traditional methods.
  3. Demonstrate effective communication through reading, writing, listening, and speaking.
  4. Demonstrate effective interpersonal and collaborative skills.
  5. Demonstrate effective quantitative-reasoning and computational skills.

AREA OR PROGRAM OUTCOMES

  1. Recognize management purposes, processes, and practices including planning, organizing, staffing, leading, and controlling.
  2. Identify managers' roles, responsibilities, and relationships at various organizational levels in the functional areas of marketing, operations/production, finance/accounting, human resources, and technology.
  3. Communicate effectively and efficiently using appropriate business etiquette and terminology, both in oral and written forms.
  4. Apply effective management skills and professional ethics.

COURSE OUTCOMES AND COMPETENCIES:

  1. Describe American Law sources, the American court system and processes, and methods of alternative dispute resolution.
    1. Identify and describe the basic functions of law.
    2. Distinguish among substantive and procedural law, public and private law, and criminal law.
    3. Identify and describe the sources of law.
    4. Explain the principle of stare decisis.
    5. List and describe the courts in the federal court system and in a typical state court system.
    6. Distinguish among exclusive federal jurisdiction, concurrent federal jurisdiction, and exclusive state jurisdiction.
    7. Distinguish between subject matter jurisdiction and jurisdiction over the parties and the three types of jurisdiction over the parties.
    8. List and explain the various stages of a civil proceeding.
    9. Compare and contrast litigation, arbitration, conciliation, and mediation.
    10. Explain the basic principles of constitutional law.
    11. Describe the sources and extent of the power of the federal and state governments to regulate business and commerce.
    12. Distinguish the three levels of scrutiny used by the courts to determine the constitutionality of governmental action.
    13. Explain the effect of the First Amendment on corporate political speech, commercial speech, and defamation.
    14. Explain the difference between substantive and procedural due process.
    15. List and explain the constitutional amendments affecting criminal procedure
  2. Recognize the relevance of ethical and legal considerations when making strategic business decisions.
    1. Distinguish between law and justice; and law and morals.
    2. Describe the difference between law and ethics.
    3. Compare the various ethical theories.
    4. Describe cost-benefit analysis and explain when it should be used and when it should be avoided.
    5. Explain Kohlberg's stages of moral development.
    6. Explain the ethical responsibilities of business.
  3. Differentiate between negligence, intentional torts, and strict liability within tort law
    1. Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.
    2. Identify and describe those activities giving rise to a tort action in strict liability.
    3. Identify and describe the torts that protect against intentional harm to personal rights.
    4. Explain the application of the various privileges to defamation suits and how they are affected by whether the plaintiff is a public figure, a public official, or a private person.
    5. Describe and distinguish the four torts comprising invasion of privacy.
    6. Identify and describe the torts that protect against harm to property.
    7. Distinguish among interference with contractual relations, disparagement, and fraudulent misrepresentation.
    8. List and describe the three required elements of an action for negligence.
    9. Explain the duty of care that is imposed on adults, children, persons with physical disability, persons with mental deficiency, persons with superior knowledge, and person acting in an emergency.
    10. Differentiate among the duties that possessors of land owe to trespassers, licensees, and invitees.
  4. Identify contract elements and important characteristics of performance and breach.
    1. Distinguish between contracts that are covered by the UCC and those covered by the common law.
    2. List the essential elements of a contract.
    3. Distinguish among express and implied contracts; unilateral and bilateral contracts; valid, void, voidable and unenforceable agreements; and executed and executory contracts.
    4. Explain the doctrine of promissory estoppel.
    5. Identify the three elements of enforceable quasi contract and explain how it differs from a contract.
    6. Identify the three essentials of an offer and explain briefly the requirements associated with each.
    7. State the seven ways by which an offer may be terminated other than by acceptance.
    8. Compare the traditional and modern theories of definiteness of acceptance of an offer, as shown by the common law mirror image rule and by the rule of the UCC.
    9. Describe the five situations limiting an offeror's right to revoke an offer.
    10. Explain the various rules that determine when an acceptance takes effect.
    11. Identify the types of duress and describe the legal effect of each.
    12. Define undue influence and identify some of the situations giving rise to a confidential relationship.
    13. Identify the types of fraud and the elements that must be shown to establish the existence of each.
    14. Define the two types of non-fraudulent misrepresentation.
    15. Identify and explain the situations involving voidable mistakes.
    16. Define consideration and explain what is meant by legal sufficiency.
    17. Describe illusory promises, output contracts, requirements contracts, exclusive dealing contracts, and conditional contracts.
    18. Explain where preexisting public and contractual obligations satisfy the legal requirement of consideration.
    19. Explain the concept of bargained-for exchange and whether this element is present with past consideration and third-party beneficiaries.
    20. Identify and discuss those contracts that are enforceable even though they are not supported by consideration.
    21. Identify and explain the types of contracts that may violate a statute and distinguish between the two types of licensing statutes.
    22. Describe when a covenant not to compete will be enforced and identify the two situations in which these types of covenants most frequently arise.
    23. Distinguish between procedural and substantive unconscionability.
    24. Explain how and when a minor may ratify a contract.
    25. Describe the liability of a minor who disaffirms a contract or misrepresents his age.
    26. Define a necessary and explain how it affects the contacts of a minor.
    27. Distinguish between the legal capacity of a person under guardianship and a mentally incompetent person who is not under guardianship.
    28. Explain the rule governing an intoxicated person's capacity to enter into a contract and contrast this rule with the law governing minors and incompetent persons.
    29. Identify and explain the five types of contracts covered by the general contract statute of frauds and those covered by the UCC.
    30. Describe the writings that are required to satisfy the general contact and the UCC statute of frauds provisions.
    31. Identify and describe the other methods of complying with the general contract and UCC statute of frauds.
    32. Explain the parole evidence rule and identify the situations to which the rule does not apply.
    33. Discuss the rules that aid in the interpretation of a contract.
    34. Distinguish between an assignment of rights and a delegation of duties.
    35. Identify those situations in which a delegation of duties is not permitted.
    36. Distinguish between an intended beneficiary and an incidental beneficiary.
    37. Identify and distinguish among the various types of conditions.
    38. Distinguish between full performance and tender of performance.
    39. Explain the difference between material breach and substantial performance.
    40. Identify and explain the ways discharge may be brought about by operation of law.
    41. Explain how compensatory damages and reliance damages are computed.
    42. Define the various types of equitable relief and explain when the courts will grant such relief.
    43. Identify and explain the limitations on contractual remedies.
  5. Define and differentiate the fundamental principles of personal property, real property, and intellectual property.
    1. Describe the defenses of person or property, duress, mistake of fact, and entrapment.
    2. Differentiate among the duties that possessors of land owe to trespassers, licensees, and invitees.
    3. Identify and describe the torts that protect against harm to property
  6. Describe the nature and function of agency and employment law.
    1. Explain the basic functions of administrative agencies.
    2. Distinguish among the three types of rules promulgated by administrative agencies.
    3. Explain the difference between formal and informal methods of adjudication.
    4. Describe the limitations imposed on administrative agencies by the legislative and executive branches and the legally required disclosure of information.
  7. Define and differentiate the duties and potential liability of various business entities.
    1. Describe criminal intent and the various degrees of mental fault.
    2. Identify the significant features of white-collar crimes, corporate crimes, and RICO.
    3. List and define the crimes against business.
    4. Describe the defenses of person or property, duress, mistake of fact, and entrapment.
    5. Identify the types of fraud and the elements that must be shown to establish the existence of each.
    6. Define the two types of non-fraudulent misrepresentation.
    7. Identify and explain the situations involving voidable mistakes.
    8. Define consideration and explain what is meant by legal sufficiency.
    9. Describe illusory promises, output contracts, requirements contracts, exclusive dealing contracts, and conditional contracts.

HutchCC course outcomes are equivalent to the Kansas core outcomes.

KRSN:

BUS2030

The learning outcomes and competencies detailed in this course outline or syllabus meet or exceed the learning outcomes and competencies specified by the Kansas Core Outcomes Groups project for this course as approved by the Kansas Board of Regents.

COURSE ASSESSMENT AND EVALUATION:

1. Chapter quizzes 2. Announced examinations 3. Final examination

ACCOMMODATIONS STATEMENT:

Any student who has a documented disability and wishes to access academic accommodations (per the 1973 Rehabilitation Act and Americans with Disability Act) must contact the HCC Coordinator of Disability Services, at 620-665-3554, or the Student Success Center, Parker Student Union. The student must have appropriate documentation on file before accommodations can be provided.

ACADEMIC HONESTY:

Education requires integrity and respect for HutchCC's institutional values. HutchCC students are required to maintain honesty through a "responsible acquisition, discovery, and application of knowledge" in all academic pursuits. Preserving and upholding academic honesty is the responsibility of Hut chCC students, faculty, administrators and staff.

I. Student Responsibilities

All HutchCC students are required to:

  • Submit all work in all courses without cheating, fabrication, plagiarism, dissimulation, forgery, sabotage, or academic dishonesty as defined below.
  • Provide all academic records such as transcripts and test scores that are free of forgery.
  • Refrain from participating in the academic dishonesty of any person.
  • Use only authorized notes and student aids.
  • Use technology appropriately, including refraining from submitting AI (Artificial Intelligence)-generated work without express written consent from your instructor.
  • Protect the security of passwords/login/privacy/electronic files, and maintain sole individual access for any online course information.

II. Definition of Academic Dishonesty

  • Academic dishonesty is any intentional act, or attempted act, of cheating, fabrication, plagiarism, dissimulation, forgery, or sabotage in academic work.
  • Cheating includes using unauthorized materials of any kind, whether hard copies, online, or electronic, such as unapproved study aids in any academic work, copying another student's work, using an unauthorized "cheat sheet" or device, or purchasing or acquiring an essay online or from another student.
  • Fabrica tion is the invention or falsification of any information or citation in any academic work, such as making up a source, providing an incorrect citation, or misquoting a source.
  • Plagiarism is the representation of words, ideas and other works that are not the student's own as being original to the student. A no n-inclusive list of examples includes work completed by someone else, work generated by an external entity (such as AI), omitting a citation for work used from another source, or borrowing the sequence of ideas, arrangement of material, and/or pattern of thought of work not produced by the student, even though it may be expressed in the student's own words.
  • Dissimulation is the obscuring of a student's own actions with the intention of deceiving others in any academic work, such as fabricating excuses for absences or missed assignments, or feigning attendance.
  • Forgery of academic documents is the unauthorized altering, falsification, misrepresentation, or construction of any academic document, such as changing transcripts, changing grades on papers or on exams which have been returned, forging signatures, manipulating a digital file of academic work, or plagiarizing a translation.
  • Sabotage is any obstruction or attempted obstruction of the academic work of another student, such as impersonating another student, stealing or ruining another student's academic work.
  • Aiding and abetting academic dishonesty is considered as knowingly facilitating any act defined above.
  • Academic honesty violations can also include the omission or falsification of any information on an application for any HutchCC academic program.

III. Sanctions for Academic Dishonesty

Students who violate the Academic Honesty Policy may be subject to academic or administrative consequences.

Instructor Sanctions for Violation:

Students suspected of violating the Academic Honesty Policy may be charged in writing by their instructor and any of the following may apply:

  • Assign Avoiding Plagiarism Bridge Module
  • Receiving written warning that could lead to more severe sanction if a second offense occurs
  • Revising the assignment/work in question for partial credit
  • Voiding work in question without opportunity for make-up
  • Reducing the grade for work in question
  • Lowering the final course grade
  • Failing the work in question

Institutional Sanctions for Violation:

Students charged with academic dishonesty, particularly in instances of repeated violations, may further be subjected to an investigation and any of the following may apply:

  • Instructor recommendation to the Vice President of Academic Affairs (VPAA) to dismiss the student from the course in which the dishonesty occurs
  • Instructor recommendation to the VPAA to dismiss student from the course in which the dishonesty occurs with a grade of 'F." Student will not be allowed to take a 'W' for the course
  • Instructor recommendation to the VPAA that the student be suspended and/or dismissed from the program
  • Student barred from course/program for a set period of time or permanently
  • May be recommended by the instructor (after documented repeated offenses) to the VP AA that the student be placed on probation, suspended and/or dismissed from the institution.

IV. Procedure

  • Instructor will communicate in writing via the student's HutchCC email account and/or LearningZone email account to the student suspected of violating the Academic Honesty Policy.  That communication may include sanction(s). Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation Form.
  • For each violation, the instructor will submit a completed Academic Honesty Violation Form to the Department Chair. Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation form.
  • Should the instructor choose to pursue institutional sanctions, the instruct or shall notify the student in writing via the student's HutchCC email account.  Instructor shall also submit a completed Academic Honesty Violation Form and all prior completed forms regarding said student to the Department Chair and the office of the VPAA with recommendation to proceed with specific Institutional Sanctions. Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation Form.
  • The decision of the VPAA on Institutional Sanction is final. The VPAA will notify the student's academic advisor of any institutional sanctions.

V. Due Process Rights

Students charged with violations of academic honesty have the right of appeal and are assured of due process through the Academic Honesty Appeal process.

Academic Honesty Appeal Process

I. Due Process Rights: Students charged with violations of academic honesty have the right of appeal and are assured of due process through the Academic Honesty Appeal process.

  • If an instructor has recommended course or program dismissal, the student may continue in coursework (provi ding there are no threatening or security behavioral issues) until appeal processes are concluded. However, if an issue has been documented at a partnership location (e.g., clinical sites, secondary institutions, correctional or military facilities), then the student is no longer eligible to continue participation in internships, apprenticeships, and/or clinical-based practice. For clinical sites, this sanction is immediate.

II. Process

If the student disagrees with the charge of a violation of academic honesty, the student has the right to due process as described in the Academic Honesty Appeal process below:

  • If the matter is not resolved upon communicating with the instructor about the violation, the student shall, within five business days of the issuance of the written notice of violation, submit a completed Academic Honesty Appeal Form and supporting documentation to the appropriate department chairperson to initiate an Academic Honesty Appeal.
  • Within two business days of receiving the student's completed Academic Honesty Appeal Form, the Department Chair and VPAA will review and the VPAA will render a decision.
  • Within two business days, a response will be sent to the student's HutchCC email address. The VPAA's decision is final.

INCOMPLETE GRADE:

Instructors may give a student a grade of Incomplete (I) under the following conditions:

  1. The student must initiate the request prior to the time final course grades are submitted to Records.
  2. The request must be made because of an emergency, illness or otherwise unavoidable life-event.
  3. The instructor must agree to the request before a grade of Incomplete can be submitted.
  4. A written contract between the instructor and student, signed by both, will document the work required and date needed to complete course work.
  5. If a student does not complete the course requirements within the time frame established by the instructor, a grade of "F" will be recorded on the student's transcript at the end of the next semester.

HLC ACCREDITATION:

Hutchinson Community College is accredited by the Higher Learning Commission (HLC). The Higher Learning Commission is one of six regional institutional accreditors recognized by the US Department of Education and the Council on Higher Education Accreditation (CHEA).

Last Revised: 09/22/2023