BUSINESS LAW 301
Legal Foundations of the Canadian Economy Fall 2012
Instructor: Jeffrey Bone, Barrister & Solicitor
Contact: Do not hesitate to send me an email or set up an appointment to come and see me in my office with your questions: [email protected]. However, please remember to consult the course syllabus and uLearn first, as it is my experience that some students send emails before reviewing these sources which contains extensive information on course materials, deferring exams, the courtroom observation and report and general expectations. I am very happy to receive questions on legal topics outside of the course materials that have captured your attention for other reasons.
Phone: 780.492.6859 Office: 1-23C
Office Hours: (by appointment)
COURSE DESCRIPTION
This course requires students to recognize and analyze legal principles and processes in our local community and more particularly in the Canadian business environment. The primary topics are: the legal system – courts, civil litigation, and Constitutional issues; applicable tort and contract principles, property law; business and non-profit entities. Additional topics touched upon may include criminal law, commercial law and trust law.
COURSE MATERIALS
Required: Mitchell McInnes et al., Managing the Law: The Legal Aspects of Doing Business, Custom Edition for B law 301 (Pearson Education Canada)
Recommended - Study guide may be found at:
http://www.pearsoned.ca/highered/mybuslawlab/index.html (requires the purchase of a new textbook with code or buy online through publishers website)
Lecture slides are posted on uLearn: https://ulearn.ualberta.ca/webapps/login/
Relevant course materials may be added on uLearn from time to time.
Exams
Three examinations will be written. The midterm examinations will be written during class time. The final examination will be written at the assigned examination time slot as provided on beartracks further on in the semester. As the instructor I do not have prior knowledge of when the final exam will be scheduled. If you require a deferment for the final exam, you will have to contact the undergraduate office on the 2nd floor of the business school. (If you write your exams through SSDS, I require a ‘Letter of Introduction’ by the third week of class and an ‘Exam Instructions and Authorization’ form at least one week prior to each examination).
The format of these exams will be multiple choice questions. 50 questions on the first mid-term and 45 on second mid-term (50 minutes in length for exam 1 and 2); and 60-75 multiple choice questions on the cumulative 2 hour final exam.
If you miss a class, the instructor will not be responding to emails asking for information on what material has been missed. Please check with a fellow classmate for this information.
The exams will be closed-book (you may bring in a foreign language dictionary as long as it is a paper copy - not electronic. The instructor will ask to look through the dictionary during the exam). There will be two non-cumulative tests; and one final cumulative exam. All materials in the textbook chapters and lectures (power point slides included) are materials that may be covered on these examinations.
During the exam, you will be required to have your student University ID in front of you and all electronic, devices, study material, textbook, etc. off your desk. As well you must put your name and student ID # (not your account number) on the scan tron provided. Failure to do so may result in lost points at the discretion of the instructor. Failure to hand back the exam promptly upon the instructor declaring that time has elapsed is considered unethical and will result in a mark of zero and possible academic sanctions.
There will not be any sample exams/questions provided. If you want sample questions ensure you purchase a new textbook. With the code provided in a new textbook (or bought online) you may access mybuslawlabs where multiple choice sample questions are found in the pre and post-test section:
http://www.pearsoned.ca/highered/mybuslawlab/index.html. These multiple choice questions are similar to the ones you will come across on the exam. It is simply a matter of choice whether you get a new edition of the textbook or a used copy, and the instructor does not object to using a non-custom or older copy of the textbook. However, if you have an older edition, you will need to research for yourself the page numbers that are relevant to the current textbook. The instructor will not be answering emails on this topic.
Deferred Policy
Students are expected to write the examinations at the assigned times. No make-up exams will be given for missed midterms. If a student does not have a valid reason for missing the midterm, then the student will receive a score of zero on the midterm.
If a student misses a mid-term examination due to illness or other valid reason approved by the
instructor they require a signed Statutory Declaration. The weight of that mid-term will then be added to the final exam subject to the following conditions: If the deferral is requested due to illness, the student is to contact the instructor AFTER (not before) they have missed the exam by email to request a
meeting. No discussion will take place until after the opportunity to write the exam has lapsed. At that time the student must contact the instructor within a reasonable amount of time. If the deferral is not related to illness, the student may contact the instructor at any time by email or phone to request a meeting.
The student can meet in person with the instructor to receive a Statutory Declaration or they may access the form on uLearn. The draft declaration must contain all of the evidence the student wishes to rely on in requesting a deferred examination. (Note: Students should be aware that a statutory declaration is a written statement made under oath and making a false statement within a sworn statutory declaration may result in a charge under the Code of Student Behaviour). The instructor will administer an oath and then evaluate the declaration on its merits in order to determine whether a deferral will be granted.
If you must miss the final exam you can make arrangements to write a deferred final according to University Policy by contacting the undergraduate office on the second floor of the business building (Note: the instructor does not have authority to grant deferrals on the final exam).
MARKALLOCATION(subject to change from time to time in the instructor’s sole discretion) 1. Mid- Term Assessment #1 –Monday, October 15 25% (Chapter 1-5; lecture materials) 2. Mid-Term Assessment #2-Wednesday, November 21 25% (Chapter 6-10; lecture materials) 3. Final Examination-TBA (as stated on bear tracks) 45% (Chapter 1-10; 12, and all lecture
materials).
4. Courtroom Observation and Report 5% Due on Friday, October 5, 2012 in the assignment drop box of the 3rd floor of the business school by 2:00 pm – It says BLaw 301 All Sections and “Jeffrey Bone” on the particular slot (Hand in a hard copy only, not by email- list your course section on the form) Earlier submissions are not accepted before October 1, 2012. Please do not hand in a copy in person to the instructor. All reports must be submitted to the drop box. After the due date, the instructor will not be accepting late assignments without a penalty as explained below.
Courtroom Observation and Report: (also see the memorandum on etiquette in court posted on uLearn)
Courtrooms are public and open places in Canada. Students are required to attend a session of “Justice Chambers” at the Edmonton Court Centre. This involves attending at the court house any working day from Monday to Friday starting at around 10 am to approximately 11:30 am or even later depending on the amount of cases that morning (you are allowed to walk in late, anytime after 10 am). Chambers is a period when the court hears several motions of a short duration (usually under 10-20 minutes). These may be contested applications with opposing parties appearing on both sides or just one parties application. Essentially, it is a period of the day litigants seek legal orders on a variety of issues that require the attention of a Judge. This will provide you an opportunity to see the nature of work that exists before the court. The court house staff can help students find the courtroom where Justice Chamber is occurring. For the optimal learning experience it is recommended you complete this assignment early in the semester. The due date is Friday, October 5, 2012.
If you are unable to attend in the morning due to class conflicts, you may attend at 2pm when other, more extended matters are being heard (remember typically nothing is heard over the lunch period, however matters begin as early as 9:00 am at the courthouse and run generally to 3:30 pm). If you do not hear anything of substance during Justice Chambers (as in enough information to write a report), please
feel free to wander into another courtroom and hear another perhaps more lengthy matter. If you attend at the beginning of Justice Chambers, sometimes an individual may be detained and undergoing a bail hearing to be released from jail. You may write on these matters in criminal or family law, or you may go to a Court of Appeal hearing (higher level court), provincial court or surrogate court is also
acceptable. Essentially you are able to write your report on any courtroom matter you come across and wish to write on, BUT it must be a matter you attended since the beginning of the semester and not a matter that you have witnessed in the past.
You may choose to write on any matter that is discussed before the court or a combination of cases heard by you that day (approximately a 500-600 word report), listing the date attended, and issues identified and any other relevant matters you wish to discuss. No particular format is preferred. You may engage in a detailed explanation on specific issues discussed in court or you may write an overview of what you saw describing the legal proceedings using terms you learned in class or the textbook. The idea is to demonstrate you have an understanding of the nature of the application and what has happened during the proceeding. I do not need you to identify every issue that occurred during the motion you are writing about. It is sufficient to focus on one part of a case that you understand, and explain what you have heard in a short 500-600 word report. Provided you hand in a solid report, that upon review meets the established criteria, you will receive the full 5%.
If the report does not conform to the expectations of writing and professionalism at the undergraduate level, you may receive an inferior grade and the report may be investigated to ensure the accuracy of its content. Every weekday that the assignment is late will result in a loss of 1%.
Sometimes it is difficult to hear all the facts in a given motion, that is acceptable, you can refer to people simply as the “Applicant” the “Plaintiff” or “Defendant”, the “Judge” the “Lawyer” or in a family case the “Mother” and “Father” and “Child”.
These applications occur quickly and it is often hard to hear the lawyers and Judge, so sit up close (not too close where the lawyers sit beyond the gate – you will understand when you are in there) and bring a pen and pad of paper to write down notes. It is a good idea to attend court early in the semester so it will be a more effective learning tool. Please note that electronic items are not allowed to be used in the courtroom (e.g. computers, cell phones, etc.). The court house is located at: 1A Sir Winston Churchill Square, Edmonton, AB T5J 0R2, which is accessible by the train at the Churchill stop downtown. In fact you do not even have to go outside to get in the court house from campus. (Note: You will have to pass through a security check that is akin to airport security before proceeding into the building). For more information here is an official website on Alberta courts:
http://www.albertacourts.ab.ca/
You may (not required) want to do some legal research after the hearing to help broaden your report. If so, students may look the following websites:
A great website for general legal research in Alberta is the Access to Justice Network:
http://www.acjnet.org/LawCentralAlberta/default.aspx
Also, a case and legislation specific website for legal research and reference is CanLII , a non-profit
organization managed by the Federation of Law Societies of Canada. CanLII's goal is to make Canadian law accessible for free on the Internet. Go to http://canlii.ca to check it out.
Grade Distribution
The final grade distribution will reflect what is set out in the University of Alberta Marking and Grading Guidelines
GRADING STRUCTURE - FINAL GRADE IS A PERCENTAGE, AND THE DECIMAL POINTS ARE ROUNDED UP OR DOWN TO A FULL PERCENT (E.G.76.56% TO 77% OR 74.23 TO 74%) FOR THE PURPOSE OF
CONVERTING TO LETTER GRADES AT THE END OF THE SEMESTER.NO EXCEPTIONS. F 0 - <50%
D 50 - <55 D+ 55 - <60
C- 60 - <63 C 63 - <67 C+ 67 - <70
B- 70 - <73 B 73 - <77 B+ 77 - <80
A- 80 - <86 A 86 - <93
A+ ≥93
COURSE SCHEDULE
Mitchell McInnes, Ian Kerr, J. Anthony VanDuzer & Chi Carmody, Managing the Law: The Legal Aspects of Doing Business Custom Edition (Toronto: Prentice Hall, 2012) Introduction to law and the legal system: Chapter 1 and 2
a) Legal thinking
b) History of the Common Law System c) Common Law compared with other systems d) Sources of law
e) Classification of law and courts
f) Litigation and Negotiation compared and contrasted
g) The Constitution of Canada and the Charter of Rights and Freedoms h) Issues in human rights (communitarianism vs. liberalism)
i) Law from the point of view of philosophy and social science The law of Torts: Chapter 3, 4, 5
a) Intentional torts
b) Issues and trends in tort law
Midterm Examination #1 (50 minutes, 50 multiple choice questions, 25% of course mark )
The law of Torts: Chapter 6 a) Non-intentional torts b) Issues and trends in tort law The law of Contracts: Chapter 7, 8, 9, 10
a) Forming Contractual Relationships b) Enforcing Contracts
c) Breach of Contract and Remedies
d) Understanding and evaluating certain common contracts e) Issues and trends in contract law
Midterm Examination #2 (50 minutes, 45 multiple choice questions, 25% of course mark – material covered since midterm #1)
The law of Contracts: Chapter 12 Remedies
Business Organizations (lecture materials) Property Rights (lecture materials)
Final Examination (120 minutes, 60-75 multiple choice questions, 45% of course mark –
CUMMULATIVE- All material covered) 5 QUESTIONS ON Property Rights and 5 QUESTIONS on Business organizations from lecture material. 50 QUESTIONS on all other course material
ETHICAL CONDUCT
At the end of the semester students have been known in my class to request I consider adjusting their marks based on criteria entirely not academic (poor performance due to personal circumstances, requirements for scholarships or acceptance into graduate schools, etc.) While I have sympathy for students in difficult situations, I must remind you now that I cannot make exceptions for students on a case by case basis. The grading is not considered subjective and therefore adjusting individual marks would be arbitrary and unethical. If personal circumstances arise which drastically undermine your performance please consult with an advisor in the undergraduate office.
Further, I put this notice in the syllabus to ensure students understand and have confidence that other students will not, and should not be treated preferentially in my course. Quite simply, if you wish to succeed, make a decision now to do your best in this course and follow through with hard work.
PLAGIARISM
The University of Alberta is committed to the highest standards of academic integrity and honesty.
Students are expected to be familiar with these standards regarding academic honesty and to uphold the policies of the University in this respect. Students are particularly urged to familiarize themselves with the provisions of the Code of Student Behaviour (online at www.governance.ualberta.ca) and avoid any behaviour which could potentially result in suspicions of cheating, plagiarism, misrepresentation of facts and/or participation in an offence. Academic dishonesty is a serious offence and can result in suspension or expulsion from the University.
Policy about course outlines can be found in §23.4(2) of the University Calendar.
University Calendar link: https://www.registrar.ualberta.ca/calendar/Regulations-and- Information/Academic-Regulation/23.4.html