Business Laws in United States Legal System

GBA 231 Business Laws in United States Legal System

Instructions/Descriptions

GBA 231 Business Laws in United States Legal System

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Course Description: The U.S legal system (constitutional framework), the judicial system, the administrative agency system, the legal theory of the organization (agency law, forms of organization), an organization’s legal obligations (torts, contracts, common law, and the Uniform Commercial Code), and public law (employment, securities, antitrust, consumer and environmental protection) are reviewed. Prerequisite: ENG 122 Textbooks:

The textbook information which appears on our Saint Leo Bookstore ordering site is as follows:

Business Law (Custom) (0232, 2048). ISBN: 9780134735207

Your custom textbook was created from the following National text(s):

Business Law: Cheeseman, H. R. (2019). Business law: legal environment, online commerce, business ethics, and international issues (10th ed.). Boston: Pearson. ISBN: 9780134729060 You will access the eBook via a link in the Start Here menu where you can purchase the print upgrade option. Learning Outcomes:

1. Explain the origins of law and the roles of the courts in the United States.
2. Distinguish between civil and criminal law content, purpose, and the participants.
3. Define and distinguish between business organizations.
4. Classify and explain the various contract elements and the necessary elements of a contract and the

Statute of Fraud.

5. Distinguish between personal property and real property.
6. Distinguish the essentials of business contract law.
7. Explain and integrate the Core Values of Respect, Integrity, and Community as they relate to legal issues.

Core Value: Community: Saint Leo University develops hospitable Christian learning communities everywhere we serve. We foster a spirit of belonging, unity, and interdependence based on mutual trust and respect to create socially responsible environments that challenge all of us to listen, to learn, to change, and to serve.

Respect: Animated in the spirit of Jesus Christ, we value all individuals’ unique talents, respect their dignity and strive to foster their commitment to excellence in our work. Our community’s strength depends on the unity and diversity of our people, on the free exchange of ideas and on learning, living, and working harmoniously.

Integrity: The commitment of Saint Leo University to excellence demands that its members live its mission and deliver on its promise. The faculty, staff, and students pledge to be honest, just, and consistent in word and deed. Evaluation: Quizzes/Tests 40% Discussion 24% Term Paper 36% Module Quizzes/Tests:

Each module contains a quiz consisting of seven (7) multiple-choice questions and a short-essay test containing seven (7) essay questions that require critical thinking. Material for the quizzes and tests will come from the online modules and textbook readings. Complete each quiz and test no later than Sunday 11:59 PM EST/EDT in which they are due.

Discussion: Participation in class discussions is expected to be thoughtful and well-informed. For each module, respond to a discussion question posted by the instructor no later than Thursday 11:59 PM EST/EDT of the respective module. Finally, post responses to at least two classmates no later than Sunday 11:59 PM EST/EDT. Term Paper:

Review all materials in Chapter 52 and conduct research on the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). The full text of this case, along with numerous case briefs, commentaries, summaries, etc., may be found by simply entering the full name of the case into any major online search engine of your choosing.

Alternatively, you may use Westlaw, Lexis or any other professional legal research databank in your research, however, use of such is not required. Following your research, review the following questions:

• What was the ultimate numerical vote of the court? • When and how can life support be withdrawn? • How does death by refusal of treatment differ from suicide? • How does a living will work and when does it become of legal effect? • What is a health care directive and how does it work?

After completing your research, summarize your answers, and, along with any other sources, if any, address and support your particular position/view on the following specific issues, and, specifically, how you would apply the Saint Leo University Core Values of Community, Respect, and Integrity into your actions. Be sure to use proper APA format for citations.

1. What are the potential foreseeable financial, psychological, and medical, yet unintended, harmful consequences to one’s family and friends in failing to provide a properly executed will and living will prior to one’s final illness and death?
2. What are the fundamental distinctions between recuperative medical care and palliative care? Who should be included in the decision to modify care from recuperative to palliative? When, if ever, is the right to refuse any and all medical care appropriate when such virtually ensures the death of the patient?
3. What professionals, medical or otherwise, should be involved in advising decisions concerning end-of- life wishes? How does euthanasia differ from a simple cessation of treatment? Who should make end of life decisions for those who are without a family member to take on such a role?
4. What measures can be taken to ensure the quality of ongoing family and social relationships, individually and as a group, to end-of-life patients? What pitfalls are to be avoided in ensuring maintenance of these relationships? What actions may be taken to ensure the spiritual and existential dimensions of the process are respected and integrated?

You must submit this assignment as a Word document to Chalk and Wire no later than Sunday 11:59 PM EST/EDT. Submit the Term Paper to Chalk and Wire using the link in the Module 8 folder.

Students that do not submit the assignment timely into Chalk and Wire (without just cause), before Sunday 11:59 PM, shall incur a full letter grade penalty for each day the assignment remains unsubmitted. This is a key program assessment; the results are used to ensure students are meeting program goals. Video and PDF instructions can be found on the course home page. PDF instructions are also located in the Start Here folder.

Click here to access the Grading Rubric for this assignment.

Grading Scale: Grade Score (%)

A 94-100 A- 90-93 B+ 87-89 B 84-86 B- 80-83 C+ 77-79 C 74-76 C- 70-73 D+ 67-69 D 60-66 F 0-59

https://mediaweb.saintleo.edu/courses/gba231/sp1_2016/grading_rubric.pdf

Course Schedule: Module 1 The United States Court System/Personal Property Objectives: After completing this module, you should be able to:

▪ Define the Federal Court System.

▪ Differentiate between trial and appellate courts.

▪ Distinguish general and limited jurisdiction.

▪ Distinguish between the inter vivos gift, gift causa mortis, and lost and abandoned property.

▪ Define bailment.

▪ List the two requirements of bailment; agreement and accepted delivery.

▪ Describe the responsibilities of the bailor and the bailee.

▪ Define the parties in the court system.

▪ Distinguish between procedural and substantive law.

Readings: Chapter 2 Chapter 3 Chapter 47 Assignments:

Items to be Completed Due No Later Than

Post introduction to Discussion Board Thursday 11:59 PM EST/EDT

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 1 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 1 Sunday 11:59 PM EST/EDT

Module 2 The United States Court System and Real Property Objectives: After completing this module, you should be able to:

▪ Define the Bill of Rights.

▪ Differentiate between Quit Claim and Warranty Deeds.

▪ Distinguish the primary separation of powers.

▪ Explain the Supremacy and Commerce Clauses.

▪ Define real property.

▪ Set forth constitutional limitations to real property interests.

Readings: Chapter 4 Chapter 48 Chapter 49 Assignments:

Items to be Completed Due No Later Than

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 2 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 2 Sunday 11:59 PM EST/EDT

Module 3 Contract Formation Objectives: After completing this module, you should be able to:

▪ Distinguish between the bilateral and unilateral contract. ▪ Differentiate between the valid, void, and voidable contract. ▪ Distinguish the express contract from the implied contract. ▪ Explain the distinctions of the executed and executory contracts. ▪ Define consideration for contract. ▪ Set forth the capacity requirements for all persons seeking to enter into a

contract. Readings: Chapter 9 Chapter 10 Chapter 11 Chapter 12 Assignments:

Items to be Completed Due No Later Than

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 3 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 3 Sunday 11:59 PM EST/EDT

Module 4 Contract Enforcement ad Remedies Objectives: After completing this module, you should be able to:

▪ Distinguish between Compensatory, Liquidated, and Nominal damages. ▪ Apply the Parole Evidence Rule to the Law of Contracts. ▪ Distinguish the Uniform Commercial Code form ancient contract law. ▪ Explain where the Statute of Frauds requires a contract to be in writing. ▪ Define contracts that are also covenants. ▪ Set forth the remedies for the breach of contract.

Readings: Chapter 14 Chapter 15 Chapter 16 Assignments:

Items to be Completed Due No Later Than

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 4 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 4 Sunday 11:59 PM EST/EDT

6

Module 5 Employment Law and Equal Opportunity Objectives: After completing this module, you should be able to:

▪ Distinguish lawful collective bargaining from unlawful bargaining acts.

▪ Set forth how the Fair Labor Standards Act leveled the playing field.

▪ Define when a business is subject to the Family Medical Leave Act.

▪ Enumerate the powers of OSHA.

▪ Define the protected classes of the EEOC through the Civil Rights Act of 1964.

▪ Set forth the remedies for the breach of these Acts.

Readings: Chapter 31 Chapter 32 Chapter 33 Assignments:

Items to be Completed Due No Later Than

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 5 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 5 Sunday 11:59 PM EST/EDT

Module 6 Business Organizations Objectives: After completing this module, you should be able to:

▪ Distinguish between the business entities of the sole proprietorship, the partnership, and the corporation.

▪ Set forth how each model is created and governed.

▪ Distinguish the general partnership from the limited partnership.

▪ Explain the inherent strength and weaknesses of each type of business entity.

▪ Define the means of corporate formation and financing.

Readings: Chapter 34 Chapter 35 Chapter 36 Assignments:

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 6 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 6 Sunday 11:59 PM EST/EDT

Module 7 Administrative Law Objectives: After completing this module, you should be able to:

▪ Distinguish between regulatory agencies and administrative agencies. ▪ Set forth the process by which a federal or state agency is created. ▪ Define the limits of the regulatory powers of agencies. ▪ Enumerate the powers of agency rule-making. ▪ Define the parameters of judicial review of agencies. ▪ Set forth the remedies for the overreaching of agency powers.

Readings: Chapter 43 Chapter 44 Chapter 45 Assignments:

Items to be Completed Due No Later Than

Read the assigned materials

Post initial response to the discussion question Thursday 11:59 PM EST/EDT

Post responses to at least two classmates Sunday 11:59 PM EST/EDT

Complete Quiz 7 Sunday 11:59 PM EST/EDT

Complete Short Essay Test 7 Sunday 11:59 PM EST/EDT

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Module 8 Wills and Estates Outcomes: After completing this module, you should be able to:

▪ Distinguish between wills, living wills, and trusts.

▪ Set forth the process by which a legally sufficient will is created.

▪ Define the limits of the living will and health care directives.

▪ Enumerate the powers of the probate court in final disposition.

▪ Define the parameters of judicial review of agencies.

▪ Set forth the distinctions in the testamentary trust and inter vivos trust.

GBA 231 Business Laws in United States Legal System

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