Effective: Late Fall 8-Week, 2018/2019

MGMT 367: Business Law II

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  Course Description

Continuation of Business Law I.

Prerequisite: MGMT 265

Proctored Exams: None


As part of TruitionSM, students will receive their course materials automatically as described below.



  •  Beatty, Jeffrey F. and Susan S. Samuelson. Business Law and the Legal Environment with access to Mindtap. 7th ed, Cengage, 2016.  eText

Bookstore Information

Visit https://www.ccis.edu/bookstore.aspx for details.

eText Information

If a course uses an eText, (see Textbook information above) the book will be available directly in Desire2Learn (D2L) and through the VitalSource eText reader the Friday before the session begins, if registered for courses prior to that date.  Students will have a VitalSource account created for them using their CougarMail email address. Upon first login to VitalSource, students may need to verify their account and update their VitalSource password.  More information about how to use the VitalSource platform, including offline access to eTexts, can be found in D2L.  Students that would like to order an optional print-on-demand copy of eligible eTexts can do so through the VitalSource bookshelf at an additional cost.  Once orders are placed, it can take approximately five to seven business days for students to receive their print-on-demand books.

Physical Course Materials Information

Students enrolled in courses that require physical materials will receive these materials automatically at the address on file with Columbia College.  Delivery date of physical materials is dependent on registration date and shipping location.  Please refer to confirmation emails sent from Ed Map for more details on shipping status.

Returns: Students who drop a course with physical course materials will be responsible for returning those items to Ed Map within 30 days of receipt of the order.  More specific information on how to do so will be included in the package received from Ed Map.  See here for Ed Map's return policy. Failure to return physical items from a dropped course will result in a charge to the student account for all unreturned items.

Note: Students who opt-out of having their books provided as part of TruitionSM are responsible for purchasing their own course materials.

  Course Overview

In this course, you will explore specific areas of the law that were not covered in Business Law I such as intellectual property, negotiable instruments, secured transactions, bankruptcy, environmental law, and wills and trusts. In each area, you will learn to apply the legal concepts or terms and case law to hypothetical situations. Since this is an upper level class, you will conduct independent research for class discussions, research and write one paper, and take two online exams.

  Technology Requirements

Participation in this course will require the basic technology for all online classes at Columbia College:
  • A computer with reliable Internet access
  • A web browser
  • Acrobat Reader
  • Microsoft Office or another word processor such as Open Office

You can find more details about standard technical requirements for our courses on our site.

  Course Objectives

  • To explain and identify the different types of property - real, personal, intangible.
  • To recognize a product warranty and how a manufacturer can be strictly liable.
  • To explain how risk of loss is allocated in various contracts.
  • To identify negotiable and nonnegotiable instruments.
  • To explain the terms associated with bank deposits and the collection process.
  • To distinguish between the various types of bankruptcy.
  • To identify consumer protection laws.
  • To explain the differences between a patent, trademark, and copyright.
  • To distinguish between employee and employer rights under the law.
  • To recognize and understand environmental laws.
  • To apply the law of wills and trusts to your personal life.

  Measurable Learning Outcomes

  • Define the different types of property - real, personal, intangible.
  • Explain how a manufacturer can be held liable under a product warranty.
  • Describe how risk of loss is allocated in various contracts.
  • Identify the characteristics of negotiable and nonnegotiable instruments.
  • Define the terms associated with bank deposits and the collection process.
  • Distinguish between the various types of bankruptcy.
  • Discuss the provisions of the various consumer protection laws.
  • Explain the differences between a patent, trademark and copyright.
  • Explain the rights of employees and employers under the major employment laws.
  • Discuss the provisions and employer responsibilities under environmental laws.
  • Describe how the law of wills and trusts affects your personal life.


Grading Scale

Grade Points Percent
A 900-1000 90-100%
B 800-899 80-89%
C 700-799 70-79%
D 600-699 60-69%
F 0-599 0-59%

Grade Weights

Assignment Category Points Percent
Discussions (20) 160 16%
MindTap Homework (2) 100 10%
Research Essay 140 14%
Midterm Exam 300 30%
Final Exam 300 30%
Total 1000 100%

  Schedule of Due Dates

Week 1

Assignment Points Due
Introduction Discussion 0 Friday
Discussion 1 20 Friday/Sunday

Week 2

Assignment Points Due
Discussion 2 20 Friday/Sunday

Week 3

Assignment Points Due
Discussion 3 20 Friday/Sunday
MindTap Homework 1 50 Sunday

Week 4

Assignment Points Due
Discussion 4 20 Friday/Sunday
Midterm Exam 300 Saturday

Week 5

Assignment Points Due
Discussion 5 20 Friday/Sunday

Week 6

Assignment Points Due
Discussion 6 20 Friday/Sunday
Research Essay 140 Sunday

Week 7

Assignment Points Due
Discussion 7 20 Friday/Sunday
MindTap Homework 2 50 Sunday

Week 8

Assignment Points Due
Discussion 8 20 Wednesday/Friday
Final Exam 300 Saturday
Total Points: 1000

  Assignment Overview


Except for an ungraded Introduction discussion, each discussion has two parts; you must respond to both parts. In addition to your initial post, at least 3 responses to students or your instructor are required per discussion (not per part). The responses should be substantial. Proper grammar and spelling is expected. Citing of sources is also required. When specified, references (URLs) for your cited sources must be submitted to a separate assignment dropbox.
Initial posts are due on Friday and all responses due on Sunday except for Week 8 when they are due on Wednesday and Friday. Partial credit may be given for late initial posts provided that they are submitted prior to the end of the week deadline. Otherwise, no late discussions are accepted. Graded discussions are worth 20 points. See the Start Here module of the course Content area for additional details.

MindTap Homework

MindTap homework consists of a series of objective questions. They are automatically graded and worth a total of 50 points. Results will be available in MindTap and will also be transferred to your D2L gradebook. Homework is due on Sunday of Weeks 3 and 7. No late homework is accepted.

Research Essay

The purpose of this assignment is to research and analyze a legal topic in the context of a hypothetical case. Two hypothetical cases are provided for you to select from. The essay should be a minimum of 6 pages in length and written using MLA style. It is worth 140 points and is due Sunday of Week 6. No late essays are accepted. See the Research Essay module of the course Content area for additional details.


Midterm Exam

The Midterm Exam is not proctored. It will be a combination of two parts; a true/false and multiple choice section and also a short answer, fill in the blank, and essay section. The exam is worth 300 points. The exam is due Saturday of Week 4 and covers material studied through that point of the class. You will have 120 minutes to complete it. No late exams are accepted.

Final Exam

The Final Exam is not proctored. It will have a true/false and multiple choice section covering material from Weeks 5-8. It also has a short answer, fill in the blank, and essay section that covers materials from Weeks 5-8 and also has comprehensive questions from the entire course. The exam is worth 300 points. You will have 120 minutes to complete it. The exam is due Saturday of Week 8. No late exams are accepted.

  Course Outline

Click on each week to view details about the activities scheduled for that week.

  • Chapters 20, 21, 22
  • Lecture: UCC Article 2 - The Big Picture
  • Video: The UCC
Introduction Discussion
Introduce yourself! You decide what information to share with the class such as degree program, work experience, family, etc. Also share what topics are of interest to you in this course. Note: Responses to Introductions are encouraged, but they are not required nor do they earn credit.
Discussion 1
A) Contracts
First you need to find 2 contracts: one for a service and one for a product/good. Find contracts you have signed personally or your employer uses. Read the chapters assigned for this week and then examine the 2 contracts.
Share with the class the 2 contracts you used and what you’ve learned incorporating a minimum of 2 legal terms (in all caps) from the readings. For example:
• Do your contracts follow the standard structure outlined in the text?
• Do your contracts contain any surprising legal terms you never realized?
• Can you identify differences between your goods (UCC) and service contract?
• Your thoughts about the UCC and common law – should we have 2 different sets of contract rules?

B) Risk of Loss
Chapter 22 covers the UCC rules regarding ownership, title to goods, and risk of loss. For example, if you ship a package via UPS and the package is lost, who suffers the loss – the buyer or the seller? Given the risk of loss rules, share with the class your thoughts on one of the following Discussion Questions: 2 OR 3 (found on pp. 562). Incorporate at least 2 key terms/concepts (in all caps).
  • Chapter 9, section 9-3 Strict Liability, and section 9-4 Product Liability (pp. 239-247)
  • Chapter 23
  • Lecture: Products Liability Today
  • Video: Product Liability Overview
Discussion 2
A) Products Liability
Read this week’s chapters regarding product liability and then do research on the Internet to find a current product liability case (current litigation, publicized in the news, law review article, etc.). Share with the class the basic facts of the case, the theories of liability, and result (if any). Then share your thoughts about the case you found and your opinion of product liability on the whole. What if you invented a product (we’ll discuss later this session), went on Shark Tank, and become successful in mass-producing the product. What would you do to alleviate potential product liability claims?
Case must be within the last 5 years.
• Incorporate 2 key terms from this week’s readings in all caps.
• Place a link to your source in the Discussion 2 dropbox (MLA not required).

B) Performance and Remedies under the UCC
Under the UCC, sellers may limit damages by way of a liquidated damages clause in the contract. Analyze and discuss your ruling for Discussion Question 1 (Basement Waterproofing) (p. 587). Then share your thoughts on whether you think liquidated damages should ever be permitted and whether there is a better “test” to determine when they are enforceable.
  • Chapters 24 and 25
  • Lecture: Secured Transactions and Creditors-A Bank Examiner's Perspective
  • Video: Product Liability Overview
Discussion 3
A) Secured Transactions
Read Chapter 24 and then search your files or your office/business for a secured transaction that you have personally entered into or one that your business/employer has executed.
Read the security agreement and compare it to the terms and concepts in Chapter 24. Share with the class the type of security agreement, who is the priority creditor, is the document required to be filed, is there a PMSI and what you’ve learned. Explain.
Research your Secretary of State’s website to see whether your state requires UCC filings with the County Clerks or with the Secretary of State. Share your findings.

B) Negotiable Instruments
Chapter 25 contains many terms and rules regarding requirements for negotiable and nonnegotiable notes.
Evaluate, analyze, and then discuss Case Questions 4, 5 or 6 (Shifty and Abe p. 650) incorporating 3 legal terms/concepts in all caps.
MindTap Homework 1

The homework will cover topics from weeks 1-3. You will complete a series of questions in MindTap® worth 50 points. These will be objective questions such as multiple choice, matching or true-false. Grades for the homework will be reported in MindTap® and also transferred into your D2L gradebook.

  • Chapter 26
  • Chapter 25 (from the 5th Ed. Beatty/Samuelson’s Business Law and the Legal Environment available through your MindTap access.)
  • Lecture: Negotiable Instruments and Banks - The Big Picture
  • Video: Negotiable Instruments Overview
Discussion 4
A) Negotiable Instrument Liability
Read and analyze the “You be the Judge” case (Gulf States Section, PGA, Inc. v. Whitney National Bank of New Orleans p. 668). Share with the class your assessment and ruling. Explain.

B) Banks, Collections, and Funds Transfer
Read the following hypotheticals and then conduct your own research to analyze and reach a conclusion. Explain your findings/conclusions using legal terms/concepts.
Upload your resources or links to them to the Week 4 dropbox.

Shrek and the ATM

On the way to Gifts R Us to purchase a gift for Donkey, Shrek realized he needed to stop at an ATM to get cash. One block from the store, Shrek stopped at an ATM to get $100 cash. He inserted his card and PIN, but the machine spit out the card and a receipt which stated “withdrawal rejected.” Shrek thought this was odd and noticed that the slip did not have the name of the bank printed on it. A few days later, he learned that he was one of more than 100 customers bilked of confidential code information through the phony ATM. The crooks made off with a total of $500,000 after using the code information obtained by the ATM to make counterfeit bank cards. They used these fake cards to hit ATM’s up and down the Swamp Coast and pillage Ogres’ accounts.

Shrek and his Email

Shrek and Fiona just had their first baby! Sleep deprived, Shrek attempts to keep up with the family bills and finances, but he just can’t. So, he gives his password and login to his mother-in-law, the Queen. She is more than happy to help. Almost immediately, the Queen notices emails from Shrek’s bank “Swamp Bank N.A.” entitled - “update your account information.” She ignores them since Shrek and Fiona are so tired. But as the emails continue and appear more urgent (Urgent - your account will be suspended in 24 hours”), the Queen asks Shrek to take care of it. Shrek logs in blurry eyed and dutifully fills in the requested information without reading anything. One day later, while checking his account online, Shrek notices that $800 has been withdrawn from his account! Frantic, Shrek calls his bank to inquire. Swamp bank informs Shrek that it never sends out emails to request customer information - Shrek has been defrauded.
Midterm Exam
The exam is open from Wednesday through 11:59 pm Saturday. The midterm covers material from weeks 1 through 4. It is worth 300 pts. The exam will consist of 2 parts:
Part 1 - true/false and multiple choice
Part 2 - short answer, fill in the blank, and essay
  • Chapter 29 and 30
  • Lecture: Employment Discrimination
Discussion 5
A) Employment and Labor Law: Read Chapter 29 and then pick one law discussed in this chapter. Conduct your own research to find a case or article discussing the law you’ve chosen. Share with the class the facts of the case, the legal issue and holding (if any) and your thoughts about the case. You must incorporate 2 key terms/concepts from this chapter in all caps. Post your source in the dropbox.

B) Employment Discrimination: Read the Chapter 30 and then pick one employment discrimination law and conduct your own research to find a current case/article pertaining to this law (case must be within the past 5 years). Share with the class the basic facts, legal issue, and holding. Also share your opinion regarding the case, the law, etc. You must incorporate at least 2 key terms/concepts in all caps. Place a link to your source(s) in the dropbox.
  • Chapter 36 and 39
  • Lecture: Bankruptcy
Discussion 6
A) Bankruptcy: After reading Chapter 36 and the cases discussed therein, share with the class your thoughts about the bankruptcy rules discussed and the case outcomes. Do you agree with the bankruptcy rules? Is there a better alternative? Do you know someone who has attempted to make, or did make, fraudulent transfers? Do you know someone whose creditor violated the automatic stay? What surprises you about the bankruptcy types/rules, etc.?

B) Consumer Protection: Read Chapter 39 and share with the class two different laws (put law in all caps) that you never knew about/understood, etc. Explain what surprised you about the law, how you can use this law in your work/personal life, and your thoughts about the benefits/disadvantages of the law.
Research Essay

The purpose of this assignment is to research and analyze a legal topic in the context of a hypothetical case. Two hypothetical cases/topics are provided. Pick the one that interests you unless you have taken this course previously. In that case, you may NOT elect the same paper topic as previously selected/submitted (which may or may not be available as I modify/change the topics). Instructions for paper format, length, etc are found in the Research Essay Instructions page.

The essay should be written using MLA style, minimum 6 full pages of text. Due 11:59pm CST Sunday of Week 6, worth 140 points. Upload the paper to the designated dropbox. Papers are not accepted after the deadline. Plagiarized papers receive zero credit.

See the Research Essay Module in the Content area for the topics and additional instructions.

Course Evaluation
Please evaluate the course. You will have an opportunity to evaluate the course near the end of the session. A link sent to your CougarMail will allow you to access the evaluation. Please note that these evaluations are provided so that I can improve the course, find out what students perceive to be its strengths and weaknesses, and in general assess the success of the course. Please do take the time to fill this out.
  • Chapter 40 and 41
  • Lecture: Environmental Laws: The Big Picture
  • Video: Basic Facts: Trademarks, Patents, and Copyrights
  • Video: Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later
Discussion 7
A) Environmental Law: Conduct your own research on one of the following environmental disasters:
• City of Flint Michigan
• BP Oil Spill in the Gulf of Mexico
• Times Beach, Missouri

Read online articles to get a sense of the environmental law(s) that were violated, the extent of the environmental damage, the damages incurred by residents and businesses, and the clean-up/remedies, etc. Share with the class your impression of the case and the big picture of what happened. What environmental laws were violated? What could or should the corporation/employer(s) have done differently to avoid the environmental damage? Do you think the environmental law(s) at issue in that case should be changed? For example, should there be different or more stringent penalties?

Upload a minimum of 3 sources to the Discussion 7 dropbox.

B) Intellectual Property:
Patents: To help put the intellectual property terms and concepts into a real- world application, search the USPTO patent database. You can search for a product you have or you can type in a patent number (for more fun simply type in random numbers in the patent number box and see what results you find). Share with the class what you found, the date patented, the owner, and any other interesting fact/information. Click here to go to the patent search page.
Trademarks: After watching the USPTO videos regarding trademarks, share with the class what you have learned about this topic. Did you know that sounds could be a trademark? What are your thoughts about trademarks that have become generic such as escalator? Finally discuss whether the following application for a trademark would or would not be granted based upon your readings this week. Be sure to incorporate legal terms and concepts.
• McConald’s with a large MC logo (this restaurant only sells french fries - 52 different flavors and varieties)
MindTap Homework 2
The homework will cover topics from weeks 5-7. You will complete a series of questions in MindTap® worth 50 points. These will be objective questions such as multiple choice, matching or true-false. Grades for the homework will be reported in MindTap® and also transferred into your D2L gradebook.
  •  Chapter 5 -Constitutional Law, The Takings Clause pp. 127-128
  • Chapter 42, omitting section 42-6 through 42-10 (pp. 1116-1127)
  • Chapter 43
  • Chapter 44, omitting pp. 1171-1179
  • Lecture: Real Property and Personal Property- The Big Picture
  • Article: The Supreme Court Opinion in the case of Kelo ET AL. v. City of New London ET. AL.
  • Video: The Story of Susette Kelo
Discussion 8

A) Chapter 42 covers real property law, but to fully appreciate the limitations to your real property rights (whether a business or individually), you need to understand the 5th Amendment Takings Clause (see Chapter 5 - Constitutional Law, The Takings Clause pp. 127-128).  The Takings Clause section in Chapter 5 includes an excerpt from a landmark case: Kelo v. City of New London.  But to fully appreciate this landmark case, I’ve provided a separate link to the Court’s opinion and a video that explains the case and its ultimate outcome. After reading the opinion and viewing the video, share with the class your viewpoint on whether eminent domain should be used for “economic development” and whether you agree with the majority or dissenting opinions.  Be specific in your reasoning.  

B) Wills and trust are an essential part of our estate planning.  After reading this week’s learning resources, you should have a better understanding of estate planning basics.  Then share with the class at least 3 different things you’ve learned and share a story from a friend or family member related to wills and trusts (i.e. how things went exceptionally well or very badly).  I’ll even be sharing my family’s personal story (and how things went wrong) so you can learn from our experience.

Final Exam
The final exam is open from Wednesday through 11:59 pm Saturday. The final will consist of 2 parts:
Part 1 - true/false and multiple choice focusing on material from weeks 5-8
Part 2 - short answer, fill in the blank, and essay material from weeks 5-8 and comprehensive questions covering material from the entire session
Total Points 300

Time allowed: 120 minutes.

  Course Policies

Student Conduct

All Columbia College students, whether enrolled in a land-based or online course, are responsible for behaving in a manner consistent with Columbia College's Student Conduct Code and Acceptable Use Policy. Students violating these policies will be referred to the office of Student Affairs and/or the office of Academic Affairs for possible disciplinary action. The Student Code of Conduct and the Computer Use Policy for students can be found in the Columbia College Student Handbook. The Handbook is available online; you can also obtain a copy by calling the Student Affairs office (Campus Life) at 573-875-7400. The teacher maintains the right to manage a positive learning environment, and all students must adhere to the conventions of online etiquette.

Plagiarism and Academic Integrity

Academic integrity is a cumulative process that begins with the first college learning opportunity. Students are responsible for knowing the Academic Integrity policy and procedures and may not use ignorance of either as an excuse for academic misconduct. Columbia College recognizes that the vast majority of students at Columbia College maintain high ethical academic standards; however, failure to abide by the prohibitions listed herein is considered academic misconduct and may result in disciplinary action, a failing grade on the assignment, and/or a grade of "F" for the course.

Additionally, all required papers may be submitted for textual similarity review to Turnitin.com for the detection of plagiarism. All submitted papers may be included in the Turnitin.com reference database for the purpose of detecting plagiarism. This service is subject to the Terms and Conditions of Use posted on the Turnitin.com site.


There will be no discrimination on the basis of sex, race, color, national origin, sexual orientation, religion, ideology, political affiliation, veteran status, age, physical handicap, or marital status.

Student Accessibility Resources

Columbia College is committed to creating a learning environment that meets the needs of its diverse student body. If you anticipate or experience any barriers to learning, communicate your concerns with the instructor. In addition to speaking with the instructor, the following resources are available to ensure an opportunity to learn in an inclusive environment that values mutual respect.

  • For students with disabilities/conditions who are experiencing barriers to learning or assessment, contact the Student Accessibility Resources office at (573) 875-7626 or sar@ccis.edu to discuss a range of options to removing barriers in the course, including accommodations.
  • For students who are experiencing conflict which is impacting their educational environment, contact the Office of Student Conduct at studentconduct@ccis.edu or (573) 875-7877.
  • For students who have concerns related to discrimination or harassment based on sex, gender identity, sexual orientation, pregnancy or parental status, please contact the Title IX Office at titleixcoordinator@ccis.edu. More information can be found at http://www.ccis.edu/policies/notice-of-non-discrimination-and-equal-opportunity.aspx

Online Participation

You are expected to read the assigned texts and participate in the discussions and other course activities each week. Assignments should be posted by the due dates stated on the grading schedule in your syllabus. If an emergency arises that prevents you from participating in class, please let your instructor know as soon as possible.

Attendance Policy

Attendance for a week will be counted as having submitted any assigned activity for which points are earned. Attendance for the week is based upon the date work is submitted. A class week is defined as the period of time between Monday and Sunday (except for week 8, when the work and the course will end on Saturday at midnight.) The course and system deadlines are based on the Central Time Zone.

Cougar Email

All students are provided a CougarMail account when they enroll in classes at Columbia College. You are responsible for monitoring email from that account for important messages from the College and from your instructor. You may forward your Cougar email account to another account; however, the College cannot be held responsible for breaches in security or service interruptions with other email providers.

Students should use email for private messages to the instructor and other students. The class discussions are for public messages so the class members can each see what others have to say about any given topic and respond.

Late Assignment Policy

An online class requires regular participation and a commitment to your instructor and your classmates to regularly engage in the reading, discussion and writing assignments. Although most of the online communication for this course is asynchronous, you must be able to commit to the schedule of work for the class for the next eight weeks. You must keep up with the schedule of reading and writing to successfully complete the class.

  • No late discussion posts will be accepted. However, partial credit may be given to late initial posts provided they are posted prior to the end of the week deadline.
  • No late Research Essays are accepted
  • No late MindTap Homework is accepted
  • No late exams are accepted


Course Evaluation

You will have an opportunity to evaluate the course near the end of the session. A link will be sent to your CougarMail that will allow you to access the evaluation. Be assured that the evaluations are anonymous and that your instructor will not be able to see them until after final grades are submitted.

  Additional Resources

Orientation for New Students

This course is offered online, using course management software provided by Desire2Learn and Columbia College. The course user guide provides details about taking an online course at Columbia College. You may also want to visit the course demonstration to view a sample course before this one opens.

Technical Support

If you have problems accessing the course or posting your assignments, contact your instructor, the Columbia College Technology Solutions Center, or the D2L Helpdesk for assistance. If you have technical problems with the VitalSource eText reader, please contact VitalSource. Contact information is also available within the online course environment.

Online Tutoring

Smarthinking is a free online tutoring service available to all Columbia College students. Smarthinking provides real-time online tutoring and homework help for Math, English, and Writing. Smarthinking also provides access to live tutorials in writing and math, as well as a full range of study resources, including writing manuals, sample problems, and study skills manuals. You can access the service from wherever you have a connection to the Internet. I encourage you to take advantage of this free service provided by the college.

Access Smarthinking through CougarTrack under Students -> Academics -> Academic Resources.