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Faculty Guide

LAW/531 Version 7

LAW/531 Faculty Guide


Programmatic Overview
The Master of Business Administration (MBA) program prepares students in business, allowing them to
develop managerial skills necessary to be effective in a rapidly changing business environment. The
program is based on current research of managerial competencies and graduate business standards, as
tested by existing national standardized graduate business examinations.
In addition to University of Phoenix learning goals, the MBA program prepares students to do the
following:

Demonstrate the knowledge and skills needed to identify and solve organizational problems using
a systematic decision-making approach.
Demonstrate the knowledge and skills needed to manage, develop, and motivate personnel to
meet changing organizational needs in a global business environment.
Apply critical analysis of alternatives under conditions of uncertainty.
Develop an awareness of values and the effect of those values on organizational decisionmaking.
Assess whether an organizations plans and actions align with its values.
Comprehend applying business administration knowledge in management, business law, human
capital management, organizational leadership, quantitative reasoning for business, economics,
accounting, applied business research and statistics, operations management, corporate finance,
marketing, and strategic planning and implementation.

Course Overview
Course Description
This course prepares students to evaluate the legal risks associated with business activity. Students
create proposals to manage an organizations legal exposure. Other topics include the legal system,
alternative dispute resolution, enterprise liability, product liability, international law, business risks,
intellectual property, legal forms of business, and governance.
Course Approach
LAW/531 Business Law is the third course offered in the MBA sequence, and requires that the student
successfully complete MGT/521. MGT/521 provides the requisite framework for success in LAW/531 in
that it provides context for being a successful manager by understanding the nature and function of
business.The study of how legal risks affect their function as managers in this course develops students
legal awareness from a managers perspective and creates a well-rounded appreciation that prepares
them for the remaining courses in the degree program. In addition, this course is designed to prepare the
student for the rigors of management by developing managerial skills necessary to be effective in a
rapidly changing business environment.
The topics covered in LAW/531 build on one another and the assignments are designed to assess
understanding of the topics. In Week Two, for example, students have the opportunity to evaluate legal
risks when choosing a form of business. The other assignments in this course assess students
understanding of how the process of alternative dispute resolution is reconciled in a litigious society; how
tort, contract, and employment law affect day-to-day managerial decision making; and how regulatory
compliance requirements relate to an organizations compliance requirements and plan. The assignments
build on these concepts, while the weekly Learning Team reflections emphasizes the legal risks inherent

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Faculty Guide
LAW/531 Version 7
in the business managers function and encourages students to collaborate to formulate strategy and
consensus.
Key Terms and Content Outline
See weekly Study Guide for key terms and content outline. The weekly Knowledge Check and Final
Examination are based on the information included in these guides.
Grading Guides
Provide the grading guides to students at the beginning of each week so they understand the assignment
expectations.
Learning Team Weekly Reflection
The Weekly Reflection provides students with an opportunity to discuss this weeks course concepts. This
assignment encourages students to meet with their Learning Teams every week to discuss what they
have learned.
First Messages
Faculty will need to add at least two First Messages to any learning activity each week participation is
required. To add a First Message, identify which learning activity the First Message will be added to. It
could be an existing learning activity or one you added to your course. To add a First Message, follow
these instructions:
1.
2.
3.
4.

Select Enable discussion for this learning activity.


Select Class Discussion.
Click on arrow next to Add first message.
Copy and paste the First Message from this document to create the first message to begin the class
discussion.

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Faculty Guide
LAW/531 Version 7

Week 1
Legal Forms of Business and Alternative Dispute Resolution

Differentiate among the legal forms of business.


Differentiate among nonjudicial methods of alternative dispute resolution.

Weekly Overview
This week, students are introduced to the various forms that a business can be organized under. Small
businesses, entrepreneurs, and general partnerships are explored along with how a corporation is formed
and how to finance it. Finally, limited liability companies, single member LLCs, and limited partnerships
are examined, along with franchises and special forms of business.
Students are also introduced to the concept of alternative dispute resolution (ADR) as a method for
resolving disputes outside traditional litigation. After first looking at the litigation process, students learn
about arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial
referee. The video lecture for Week One presents a good case for binding arbitration. Meanwhile, a legal
system tutorial provides students with an interactive and easy-to-understand tutorial of what constitutes
American jurisprudence.
As an instructor, you must facilitate students learning by keeping them focused on the law and business,
and how the legal system applies to business and their role as managers. Resolving business disputes
through traditional and alternative methods of dispute resolution shows them how the legal system
interfaces with business. You should be careful to keep the students on task as they have a tendency to
stray from the topics and simply focus on ADR as the only method of dispute resolution.
First Messages

Business Law Ch. 3 Reading


o
Describe the steps in the litigation process and compare them to a form of alternative
dispute resolution (ADR). In which cases would ADR be the preferred form of dispute resolution?
Explain your answer.

Business Law Ch. 34 Reading

Differentiate between two legal business forms. What are the similarities and differences and the
benefits and liabilities that exist between the two forms?

Business Law Ch. 35 Reading


o
Describe the process of forming a general and limited partnership. What are the liabilities
that the general and limited partners are subject to?

Business Law Ch. 36 Reading


o
Compare and contrast C a corporation with an S corporation. Why would you choose one
form over the other?

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Faculty Guide
LAW/531 Version 7

Business Law Ch. 39 Reading


o
Describe how you form a limited liability company and a limited liability partnership. How
do these business forms protect the partners from liability?

Business Law Ch. 40 Reading


o
Consider Case 40.1 Rainey v. Dominos Pizza, LLC from the reading. What is vicarious
liability? Can Dominos Pizza be held vicariously liable for the negligence of its franchisee?

Week 1 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 1 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 1 Video Lecture Video


o
Why is binding arbitration the preferred method of alternative dispute resolution? Would
nonbinding arbitration serve the interests of the parties? Explain why or why not.

Legal System Tutorial Interactive/ Tutorial


o
Identify one facet of the legal system, for example, the court system, history, legal
process, and then summarize its major characteristics and how they apply to business.

SMLLC Infographic Interactive/ Tutorial


o
What is the rationale behind allowing for the formation of SMLLCs? Are they accepted in
all states?

Judicial, Alternative, and E-Dispute Resolution Arbitrators Favoring Creditors Video


o
What is the rationale behind allowing for the formation of SMLLCs? Are they accepted in
all states?

Business Forms Discussion Discussion


o
Discuss as a class or in small groups the difference between subchapter S, partnership,
limited liability partnership, and limited liability company? Discuss in what business setting you

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Faculty Guide
LAW/531 Version 7
would want to use a pass-through form. Is one form better suited than another? Why or why not?

Week 2
Torts

Differentiate among types of torts.


Identify potential tort risks that arise in the business context.
Apply the risk management process to mitigate business risk.

Weekly Overview
This week, students are introduced to tort and the risk management process to help them identify how an
organization can minimize the risk for a company due to tort liability.
The readings focus on an analysis of intentional torts and negligence with the intentional torts against
persons along with examples of cases that address this issue. Unintentional tort (negligence) is covered
in Ch. 5 of the readings, including the seminal case of Palsgraf v. The Long Island Railroad Company.
The readings will also address strict liability and the restatement of torts definition of strict liability and
product liabilityfocusing on defective products and manufacture, design, packaging, and failure to warn.
Remember to highlight the weekly Electronic Reserve Readings that are provided as additional sources of
support for the weekly Knowledge Checks each student is expected to master. Discussion questions
might be taken from these readings to encourage mastery of important concepts.
As an instructor, you must introduce the concept of tort risk and the regulations that surround these
issues, particularly as it pertains to the torts that a business manager confronts on a daily basis. Guide
students as you review business liability related to the various torts affecting business. Emphasis on the
major case law presented in the chapter should be followed and students encouraged to research and
present other applicable and appropriate case law for discussion.
Learning Team Weekly Reflection
Learning Teams must write a case brief on a legal case from a current event that has taken place within
the past 2 years and is relevant to the weeks objectives.
The brief should be followed by an explanation of how the legal concepts in the selected case can be
applied within a business managerial setting. When grading this assignment, ensure that the briefs follow
the IRAC (Issue, Rule, Analysis, and Conclusion) method of case analysis. Faculty should also ensure
that the reflection is from a business managers perspective.
In addition, faculty should be looking for evidence of the Learning Team discussion, as well as a detailed
description of the discussion. Feedback to students should include instructions to access additional
resources for more difficult concepts, comments on the length and detail of the discussion, and a
discussion of missed concepts and opportunities for the team.
First Messages

Business Law Ch. 5 Reading


o
Consider Case 5.1 Walmart Stores, Inc. v Cockrell from the reading. What constitutes an
intentional tort? Why was Walmart found guilty of false imprisonment?

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Faculty Guide
LAW/531 Version 7

Business Law Ch. 6 Reading


o
What is necessary to prevail in a claim for product liability, as compared to a claim
involving strict liability?

7 Essential Elements of Enterprise Risk Management and the Role of Internal Audit
Reading
o

How does enterprise risk management fit in the strategic plan for a company?

The IRAC method of case study analysis Reading


o
What is the IRAC method of case analysis? How do you think the methodology, as
described in this article, will help you to succeed in this course?

Week 2 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 2 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 2 Video Lecture Video


o

Intentional Torts and Negligence Deadly Swimming Pools Video


o

How have negligence claims affected the way companies do business?

What are the potential tort liabilities presented in this video clip? Explain.

Strict Liability and Product Liability New Car Tires: How New Are They? Video
o

Is Firestone strictly liable for its defective tires? Why or why not?

Week 3
Contracts and Property Law

Identify the major components of the formation of contracts.


Determine appropriate methods for contract dispute resolution.

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Faculty Guide
LAW/531 Version 7

Differentiate between personal, real, and intellectual property issues.


Determine appropriate methods to address potential property issues.

Weekly Overview
This week, students are introduced to the concepts relating to contracts and property law. Students
should recognize the importance of contract administration within the organization as a way to assist in
minimizing risk and determine appropriate methods to resolve contract disputes. Consideration of
methods to address personal and intellectual property issues will also be addressed.
The readings guide students through the entire contract process. From definition to theory of contract
formation, students study what constitutes an agreement, consideration, and promissory estoppel.
Capacity and legality of contract is studied as well as the statute of frauds and the equitable exceptions
that exist in contract law.
Students should identify property issues among personal, real, and intellectual property and how to
address these issues within their organization. The readings focus on intellectual property and patent,
trademark, copyright, and trade secret law. Personal property and what constitutes ownership is
considered along with real property and its interests.
This is a week in which student engagement should not be a problem. Everyone has experienced and
has been subject to the terms and conditions of some form of contract. Intellectual property is topically
relevant and students seem to have an interest in intellectual property issues. With that experience, the
leap into business contracts and intellectual property is not too significant; however, you should keep
students focused on business transactions that affect their position as managers.
Learning Team Weekly Reflection
Learning Teams must write a case brief on a legal case from a current event that has taken place within
the past 2 years and is relevant to the weeks objectives. This week, the case should be aligned to the
following objectives:

3.3 Differentiate between personal, real, and intellectual property issues.


3.4 Determine appropriate methods to address potential property issues.

The brief should be followed by an explanation of how the legal concepts in the selected case can be
applied within a business managerial setting. When grading this assignment, ensure that the briefs follow
the IRAC (Issue, Rule, Analysis, and Conclusion) method of case analysis. You should also ensure that
the reflection is from a business managers perspective.
In addition, faculty should be looking for evidence of the Learning Team discussion, as well as a detailed
description of the discussion. Feedback to students should include instructions to access additional
resources for more difficult concepts, comments on the length and detail of the discussion, and a
discussion of missed concepts and opportunities for the team.

Business Law Ch. 7 Reading


o
What are the implications of the Digital Millennium Copyright Act as it applies to enforcing
the circumvention of encryption technology?

Business Law Ch. 9 Reading


o

What is required in order to have an enforceable contract? Does it have to be written?

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Faculty Guide
LAW/531 Version 7

Business Law Ch. 10 Reading


o
Consider Case 10.2 Marder vs. Lopez from the reading. Do you agree with the decision
of the court in the Marder v. Lopez case that deals with enforceability of contracts? Why or why
not?

Business Law Ch. 11 Reading


o
Consider Case 11.1 In the Matter of Wirth from the reading. How was the contract
element of consideration satisfied in the case?

Business Law Ch. 12 Reading


o

What evidence does a court look for in order to prove that a contract is unconscionable?

Business Law Ch. 14 Reading


o
What contracts are required to be in writing in order to be enforceable, and what is the
statute that requires this?

Business Law Ch. 47 Reading


o

Define personal property. What happens when personal property is mislaid or lost?

Business Law Ch. 48 Reading


o
Define real property. What are the different types of concurrent ownership of real property
one can have?

Week 3 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 3 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 3 Video Lecture Video


o

How can rescission and specific performance be applied in contract situations?

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Faculty Guide
LAW/531 Version 7

Nature of Traditional and E-Contracts 50 Cent Files Suit Against Taco Bell Video
o

Do you think what Taco Bell did was illegal? Explain how and why or why not?

Real Property Texas Man Gets McMansion for $16 Video


o

Is it legal that Mr. Robinson got the house for $16? Is it ethical? Why or why not?

Week 4
Employment Law

Differentiate among types of employment relationships and the associated legal considerations.
Differentiate among types of discriminatory issues and the associated legal considerations.

Weekly Overview
This week, students learn about employment and labor laws and immigration law. The readings
distinguish among the employeeemployer relationship, with an emphasis regarding discrimination in the
workplace and other related legal considerations concerning employer practices.
The readings focus on workers compensation, occupational safety, and other worker protection laws, with
attention given to the Family and Medical Leave Act. Collective bargaining agreements and labor law are
covered, along with the several laws and decisions a company must make regarding these labor law
issues. Equal opportunity in employment, Title VII and what constitutes this significant law are analyzed.
As instructors, it is important to distinguish between employee at-will and right-to-work. This concept is
not adequately covered in the text; however, this weeks video lecture provides students with an
interesting discussion of the right-to-work controversy.
Title VII should be focused on and discussed in class so that students can identify discrimination issues in
the workplace and the process for dealing with these issues, including how this legislation affects
managers daily.
Learning Team Weekly Reflection
Learning Teams must write a case brief on a legal case from a current event that has taken place within
the past 2 years and is relevant to the weeks objectives.
The brief should be followed by an explanation of how the legal concepts in the selected case can be
applied within a business managerial setting. When grading this assignment, ensure that the briefs follow
the IRAC (Issue, Rule, Analysis, and Conclusion) method of case analysis. You should also ensure that
the reflection is from a business managers perspective.
In addition, faculty should be looking for evidence of the Learning Team discussion, as well as a detailed
description of the discussion. Feedback to students should include instructions to access additional
resources for more difficult concepts, comments on the length and detail of the discussion, and a
discussion of missed concepts and opportunities for the team.
First Messages

Business Law Ch. 31 Reading

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Faculty Guide
LAW/531 Version 7

What is the Family Medical Leave Act? How does it protect workers?

Business Law Ch. 32 Reading


o
What is the difference between a union shop and agency shop? How do these operate in
a right-to-work state?

Business Law Ch. 33 Reading


o
Describe Title VII of the Civil Rights Act of 1964. What is its effect on business
operations?

Week 4 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 4 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 4 Video Lecture Video


o

Employment, Worker Protection, and Immigration Law Family Medical Leave Video
o

Is right-to-work legislation a good thing? Defend your response.

What is the effect of FMLA on business?

Equal Opportunity in Employment Isiah Thomas Video


o
Did Isiahs behavior constitute harassment? Why or why not? What elements are needed
to prevail in a sexual harassment case?

Week 5
Regulatory Risk and Governance

Identify applicable regulatory compliance requirements for business situations.


Explain the governance principles of regulatory compliance requirements.
Determine methods for managing legal risk arising from regulatory compliance issues.

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Faculty Guide
LAW/531 Version 7
Weekly Overview
This week, students are introduced to regulatory risk and governance issues that organizations must
consider in their daily operations. The principles of governance are reviewed and discussed to help
students learn to effectively manage a company and meet regulatory compliance requirements.
Introduction to administrative law along with consumer protection and product safety is also provided.
Finally, environmental protection and antitrust are considered in light of todays business climate.
Corporate governance and the Sarbanes-Oxley Act as they affect shareholders, the board of directors,
and officers of the company are studied along with the duties owed by board of directors and its officers to
their employees and shareholders. Methods for managing the legal risk arising from the regulatory
compliance issues are also studied this week.
As faculty members, emphasize how corporate governance practices have changed in light of Enron,
Tyco, Arthur Anderson, and so on. The Sarbanes-Oxley Act has changed the way that CEOs and CFOs
approach their duties, but it has had as great an effect on business practices and governance regulations
and practices. These changes have had a significant influence on the legal climate of the business.
Learning Team Weekly Reflection
Learning Teams must write a case brief on a legal case from a current event that has taken place within
the past 2 years and is relevant to the weeks objectives. This week, the case should be aligned to the
following objectives:

5.2 Explain the governance principles of regulatory compliance requirements.


5.3 Determine methods for managing legal risk arising from regulatory compliance issues.

The brief should be followed by explanation as to how the legal concepts in the selected case can be
applied within a business managerial setting. When grading this assignment, ensure that the briefs follow
the IRAC (Issue, Rule, Analysis, and Conclusion) method of case analysis. You should also ensure that
the reflection is from a business managers perspective.
In addition, faculty should be looking for evidence of the Learning Team discussion, as well as a detailed
description of the discussion. Feedback to students should include instructions to access additional
resources for more difficult concepts, comments on the length and detail of the discussion, and a
discussion of missed concepts and opportunities for the team.
First Messages

Business Law Ch. 37 Reading


o
Is the Sarbanes-Oxley Act too restrictive? Is it too burdensome on mid-sized companies?
Explain your answer.

Business Law Ch. 43 Reading


o

How does administrative law and regulatory agencies affect your business?

Business Law Ch. 44 Reading


o
Consider Case 44.1 United States of America v. LaGrou Distribution Systems,
Incorporated from the reading. Explain what constitutes the Consumer Product Safety Act. How
was it applied in this case?

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Faculty Guide
LAW/531 Version 7

Business Law Ch. 45 Reading


o
Consider Case 45.1 Entergy Corporation v. Riverkeeper, Inc. from the reading. Discuss
the findings in the Entergy Corporation v. Riverkeeping Inc. case. Do you agree with the holding?
Why or why not?

Business Law Ch. 46 Reading


o
Summarize two of the four Federal Antitrust Statutes (Sherman Act, Clayton Act, FTC Act
or Robinson-Patman Act). How do they affect todays business?

Week 5 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 5 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 5 Video Lecture Video


o
What is the impact of the passing of the Sarbanes-Oxley Act on a companys board of
directors?

Administrative Law and Regulatory Agencies Internal Problems at the FDA Video
o
Discuss one of the product recalls in the video, and explain how the recall could have
been prevented.

Week 6
Legal Issues in a Global Economy

Evaluate legal risks associated with domestic and international business activity.

Weekly Overview
This week, students learn about the legal issues involved with conducting both domestic and international
business. The readings introduce international and world trade law and some of the organizations that
support this effort. An emphasis on the legal risks of conducting domestic and international business is
explored. Students also evaluate the domestic and international regulations businesses must adhere to in
order to avoid various liabilities.

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Faculty Guide
LAW/531 Version 7
Introduce students to the differences between conducting business domestically and internationally. Pay
particular attention to the risks involved with those transactions and how the manager should approach
business in a foreign country. Choice of law should be addressed by introducing how a conflict might be
resolved involving a domestic and foreign company.
Learning Team Weekly Reflection
Learning Teams must write a case brief on a legal case from a current event that has taken place within
the past 2 years and is relevant to the weeks objectives. The Learning Team Weekly Reflection this week
however, requires that students prepare two separate IRAC Briefs. One brief should be relevant to the
Week 5 objective 5.1, and the other brief should be relevant to the Week 6 objective 6.1:

5.1 Identify applicable regulatory compliance requirements for business situations.


6.1 Evaluate legal risks associated with domestic and international business activity.

The brief should be followed by explanation as to how the legal concepts in the selected case can be
applied within a business managerial setting. When grading this assignment, ensure that the briefs follow
the IRAC (Issue, Rule, Analysis, and Conclusion) method of case analysis. You should also ensure that
the reflection is from a business managers perspective.
In addition, faculty should be looking for evidence of the Learning Team discussion, as well as a detailed
description of the discussion. Feedback to students should include instructions to access additional
resources for more difficult concepts, comments on the length and detail of the discussion, and a
discussion of missed concepts and opportunities for the team.
First Messages

Business Law Ch. 54 Reading


o

Explain how the World Trade Organization handles dispute resolution.

Week 6 Study Guide Reading


o
Identify a key term from the Study Guide that is unfamiliar to you. After completing this
weeks readings, explain how you could apply what you learned about the key term within a
business context.

Week 6 Electronic Reserve Readings ERR


o
Identify an article from this weeks Electronic Reserve Readings of particular interest to
you. Explain how you could apply what you learned in the reading within a business context.

Week 6 Video Lecture Video


o

How do conflict of law provisions help promote international commerce?

International and World Trade Law Counterfeiting in China Video


o
Discuss the legal risks associated with international business activity in China as
described in the video. How might you mitigate those risks?

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