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COMMERCIAL LAW 1

COMM 3410
Spring 2020

Instructor: Sherri Barrow Moore


Office: Room 316 Robertson
Email: spe8x@virginia.edu

Section 1 – T/R 11:00 a.m. – 12:15 p.m., Wilson Hall 402

Section 2 – T/R 12:30 p.m. – 1:45 p.m., Wilson Hall 402

I. Overview
This course will provide an introduction to the legal system of the United
States and will cover the fundamental principles of government regulation,
constitutional law, criminal and civil procedure, torts, contracts and
property law.

II. Course Objectives


Students will learn to:

a. Understand the nature and function of the law, the sources of the
law, and the general substantive principles applied in areas of the
law such as torts, contracts, property law, and intellectual property;
b. Avoid pitfalls of the legally uninformed, to be able to comply with
the law in simple matters, to recognize problem areas where
consultation with an attorney is advisable;
c. Develop the ability to spot issues involved in a business problem, to
reason soundly using the basic principles of the law, and to present
arguments on both sides of a legal issue; and
d. Appreciate the impact of constant change and lack of certainty,
which are inherent aspects of the U.S. legal system.

III. Course Materials


1. Roszkowski, Business Law Edition 7 (optional)

IV. Office Hours:

Mondays: 1:00 to 3:30


Tuesdays: by appointment
Wednesdays: 1:00 to 5:00
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Thursdays: 3:00 to 6:00
Friday: By appointment

PLEASE NOTE: Always email me prior to coming to office hours so that I


can make sure we have adequate time to meet. I’ll do my best to get back to
your emails within 24 hours, however, due to the large volume of emails I
receive, this may not always be possible.

Teaching Assistants
Students are assigned a Primary TA based on their section and the first letter of
the student’s last name. Please email the Head TA for answers to any
administrative-related questions (i.e. improper or missing quiz grade, SDAC
issue, exam conflicts, etc.) and email your Primary TA for answers to any
content-related questions.
NOTE: You need to notify your head TA at least 24 hours before the
MIDTERM OR THE FINAL EXAM, if you have a conflict, although the earlier
the better.

Email your Primary TA with all content questions.

Head TA
Jacob Libby
Email: jlcommlawta@gmail.com
Office Hours: Wednesday 4:00 pm - 6:00 pm @RRH 264

Section 1 TAs (11:00)

Akash Bhat
Email: abcommlawta@gmail.com
Office Hours: Friday 2:00 – 4:00 pm @ RRH 203 | Last Names: A-I

Grant Campion
Email: gccommlawta@gmail.com
Office Hours: Monday 11:15 am – 1:15 pm @ RRH 264 | Last Names: J-S

Melissa Hart
Email: mhcommlawta@gmail.com
Office Hours: Monday 1:00 pm – 3:00 pm @ RRH 265 | Last Names: T-Z

Section 2 TAs (12:30)

Riley Bragg
Email: rbcommlawta@gmail.com
Office Hours: Wednesday 12:30 pm – 2:30 pm @ RRH 262 | Last Names: A-I

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Jake Hamby
Email: jh1commlawta@gmail.com
Office Hours: Tuesday 2:00 pm – 4:00 pm @ RRH 264 | Last Names: J-S

Harper North
Email: hncommlawta@gmail.com
Office Hours: Wednesday 10:00 am – 12:00 pm @ RRH 265 | Last Names: T-Z

Students are assigned a primary TA based on their section and the first letter of
the student’s last name. Please email your primary TA with any questions about
class material or extra credit.

V. Terms and Conditions of Commercial Law 1


A. Course Requirements
1. Quizzes: 20%
Students will be prepared for a quiz taken in class EVERY Thursday, which
will consist of 10 multiple choice or T/F questions. The quiz will cover the
material covered in the prior 2 classes, though review questions may
occasionally appear. Quizzes will be taken in class on your computer on
Collab.
a. Quizzes will be based on the material covered in class.
b. Quizzes must be taken without the aid of others and without notes.
c. The lowest quiz grade will be dropped. Therefore, quiz make-ups are
permitted on a very limited basis.
(1) Only extenuating circumstances (death in the family, religious
observance, etc.) will be allowed a make-up. Job interviews,
sickness, sleeping through the quiz, etc. are not acceptable
excuses.
(2) Students must make up a quiz before the following quiz is
administered (a 1-week time frame).
(3) Students are limited to one make-up quiz, if approved.
Students must email Jake Libby, the Head TA, if you believe you
have an extenuating circumstance that warrants a make-up.
d. EXTRA CREDIT - Students may replace ONE quiz grade (in addition
to their one dropped quiz) with a 100%, in exchange for participation
in either:
(1) Two (2) extra credit lectures, or
(2) One (1) mock trial event
Both extra credit options require opinion papers to be written
following each event. The paper(s) must be: two (2) pages, double-
spaced, and 550 words minimum. The paper(s) should be

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submitted to the student’s teaching assistant, via email, within
seven (7) days of the event. Students must include a word
count and the Honor pledge at the bottom of their paper. If a
student fails to comply with ANY of these requirements, they will
NOT receive extra credit.
Extra credit opportunities will be announced in class, and/or via
email. Students will be required to sign up for such extra credit
events.
PLEASE NOTE: any student who uses his/her computer or cell
phone, or who works on other homework during an extra credit
event will:
i. NOT receive credit for that event
ii. NOT be allowed to attend any further extra credit events

2. Tests: 40%
Students will take 2 tests, each worth 20% of their final grade. Each test
will be 50 multiple-choice questions, and will be administered in class.
NOTE: You must notify via email the Head TA, by February 7th if you
have an outstanding engagement and will need to take a make-up exam
for either midterm #1 or midterm #2. If you do not notify the head TA by
February 7th you will not be allowed to take a make-up exam, other than
for extenuating circumstances (hospitalization, interview, etc.).
a. Test review will be held the week after exam grades are posted.
You may only review the test and your answers during this
time. You may go to any TAs’ office hours to review your test.
i. If you cannot make any TA office hours, email your TA to let
them know.
b. Exams will be available for review the week prior to the final exam.

3. Final: 40%
There will be a cumulative, final exam. It will consist of 100 multiple-choice
questions.

B. Grading Scale:
A 100-95 A- 94-90
B+ 89-87 B 86-84 B- 83-80
C+ 79-77 C 76-74 C- 73-70
D+ 69-67 D 66-64 D- 63-60

C. “Cheat Sheets”

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Students will be allowed to prepare two (2) pages of handwritten notes
(front and back of one sheet of paper, or the front of two sheets of paper),
which they may use for the two tests.
Students will be allowed to prepare three (3) pages of handwritten notes
(front and back of one sheet of paper and front of a second sheet of
paper, or the front of three sheets of papers) for the final exam.
Any cheat sheet that does not comply with this syllabus will be
considered an honor offense.

D. Classroom Conduct
By taking this course, students agree to conduct themselves according to
the following rules and conditions:
1. NO USE OF CELLPHONES OR COMPUTERS. ANYONE
CAUGHT USING THEIR CELLPHONE DURING CLASS WILL:
a. BE ASKED TO LEAVE THE CLASS, FOR A FIRST OFFENSE
b. RECEIVE A REDUCTION OF 10 POINTS ON THEIR FINAL
GRADE for any subsequent offenses.
2. No excessive talking
3. No sleeping
4. Students must arrive on time to each class
5. No recording of the lecture

E. McIntire School of Commerce Wellbeing Statement

The McIntire School of Commerce proudly serves as a safe space for its
students and aims to promote their wellbeing. If you are feeling
overwhelmed, stressed, or isolated, there are many individuals here who
are ready and wanting to help. If you wish, you can make an appointment
with me to talk privately about how things are going. Staff members in the
Student Services Office, located on the first floor, are also readily
accessible to talk during walk-in hours or through setting up an
appointment.

Alternatively, there are also other University of Virginia resources


available. The Student Health Center offers Counseling and Psychological
Services (CAPS) for its students. Call 434-243-5150 to get started and
schedule an appointment or for any after hour needs. If you prefer to
speak anonymously and confidentially over the phone, call Madison
House’s HELP Line at any hour of any day: 434-295-8255.

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If you or someone you know is struggling with gender, sexual, or domestic
violence, there are many community and University of Virginia resources
available. The Office of the Dean of Students, Sexual Assault Resource
Agency (SARA), Shelter for Help in Emergency (SHE), and UVA Women’s
Center are ready and eager to help.

F. McIntire Policy on Audio and Video Taping and Distribution of Class


Materials

The general policy of the McIntire School is to prohibit audio and video
recording of classroom lectures and discussions. Audio and video
recording are only allowed under special circumstances (e.g., students
with documented disabilities) and only with the prior written permission
of the instructor.

Any audio or video recording or all other class materials handed out in
class or posted to websites such as Blackboard or COLLAB may not be
exchanged or distributed for commercial purposes, for compensation, or
for any other purpose other than study by students enrolled in the class.
Public distribution of such materials may constitute copyright infringement.
Unauthorized use of class notes or recordings may subject an individual to
University Honor, Judicial charges, and/or legal action.

G. Academic Accommodation for Religious Observance

It is the University's long-standing policy and practice to reasonably


accommodate students so that they do not experience an adverse
academic consequence when sincerely held religious beliefs or
observances conflict with academic requirements.

Students who wish to request academic accommodation for a religious


observance should submit their request in writing directly to the instructor
of the course. Students and instructors who have questions or concerns
about academic accommodations for religious observance or religious
beliefs may contact the University’s Office for Equal Opportunity and Civil
Rights (EOCR) at UVAEOCR@virginia.edu or 434-924-3200.
Accommodations do not relieve students of the responsibility for
completion of any part of the coursework missed as the result of a
religious observance.

H. McIntire School of Commerce Honor Statement

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The McIntire School of Commerce relies upon and cherishes its
community of trust. We endorse and uphold the University’s Honor
principle that students will not lie, cheat, or steal, nor shall they tolerate
those who do. We recognize that even one honor infraction can destroy an
exemplary reputation that took years to build. Acting in a manner
consistent with the principles of honor benefits every member of the
community while enrolled in the McIntire School and in the future.

We trust every McIntire student to comply fully with all provisions of the
UVa Honor System. By enrolling in this course, you agree to abide by and
uphold the Honor System of the University of Virginia, as well as the
following policies specific to ICE.

● All graded assignments must be pledged.


● You may not access any notes, study outlines, problem sets, old
exams, answer keys, or collaborate with other students without our
explicit permission.
● When given permission to collaborate with others, do not copy
answers from another student.
● Always cite any resources or individuals you consult to complete an
assignment. If in doubt, cite the source.
● All suspected violations will be forwarded to the Honor Committee,
and, at our discretion, you may receive an immediate zero on that
assignment regardless of any action taken by the Honor
Committee.
● If you have a question about what is or is not permitted on an
assignment, you should clarify your question with the professor
prior to doing the work.
If you believe you may have committed an Honor Offense, you may wish
to file a Conscientious Retraction (“CR”) by calling the Honor Offices at
(434) 924-7602. For your retraction to be considered valid, it must, among
other things, be filed with the Honor Committee before you are aware that
the Act in question has come under suspicion by anyone. More
information can be found at www.virginia.edu/honor.

If you have questions regarding the course honor policy, please contact
your professor. If you have questions about your Honor System or would
like to report your suspicion of an Honor offense, please contact McIntire
Honor Representatives, Caitlin Knowles cmk7ah@virginia.edu or William
Donnell wcd4km@virginia.edu.

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I. Students with Disabilities

UVA 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 in this course, please feel welcome to discuss your concerns with
your faculty. If you have a disability, or think you may have a disability, you
may also want to meet with the Student Disability Access Center (SDAC),
to request an official accommodation. You can find more information about
SDAC at sdac.studenthealth.virginia.edu. If you have already been
approved for accommodations through SDAC, please make sure to send
me your accommodation letter and meet with me so we can develop an
implementation plan together.

J. Modification

The instructor maintains the right to modify the course syllabus and
policies at any time throughout the semester.

VI. Course Schedule Spring 2020

Class Date Topic Reading

1 Tues 1/14 Syllabus and Class Objectives Review

2 Thurs 1/16 Sources of Law: Chapter 1


a. Constitutional Law

3 Tues 1/21 Sources of Law (continued) Chapter 1 and


a. Constitutional Law (cont’d) Chapter 5
(Amendments)

4 Thurs 1/23 Sources of Law (continued) Chapter 1


a. Constitutional Law (cont’d)
b. Administrative Law
c. Common Law

5 Tues 1/28 The American Judicial System (AJS) Chapter 3


a. Federal v. State courts
b. Equity v. Law

6 Thurs 1/30 The AJS (continued) Chapter 3


c. Criminal Law v. Civil Law v. Civil
Enforcement Law

7 Tues 2/4 The AJS (continued) Chapter 3


d. Civil Procedure

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1. Pre-Trial

8 Thurs 2/6 The AJS (continued) Chapter 3


d. Civil Procedure (continued)
2. Trial
3. Appellate Procedure
4. Debt Collection

9 Tues 2/11 3. Appellate Procedure


4. Debt Collection

10 Thurs 2/13 TEST #1 Chapter 8

11 Tues 2/18 Torts Chapter 8


a. Intentional Torts
i. Assault
ii. Battery
iii. Trespass
iv. Nuisance
v. Conversion

12 Thurs 2/20 Intentional Torts (continued) Chapter 8


iii. Fraud
iv. Invasion of Privacy

13 Tues 2/25 Negligence Chapter 9

14 Thurs 2/27 Contracts Chapters 13 and 14


a. Contract Formation
i. Mutual assent
ii. Promises by Default

15 Tues 3/3 Contracts (continued) Chapters 15 and 16


a. Contract Formation (continued)
iii. Consideration
iv. Capacity and Legality

16 Thurs 3/5 Contracts (continued) Chapter 17


b. Contract Defenses - Lack of
Genuine Consent
i. Fraud
ii. Duress
iii. Undue Influence
iv. Mistake

Tues 3/10 SPRING BREAK

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Thurs 3/12 SPRING BREAK

17 Tues 3/17 Contracts (continued) Chapters 18, 20


c. Breach of Contract
d. Contract Defenses
e. Contracts of Adhesion

18 Thurs 3/19 Property Law Chapter 48


a. Personal Property
i. Transfer
ii. Bailments

19 Tues 3/24 Personal Property Law (cont’d)

20 Thurs 3/26 Real Property Law Chapters 49 and 50


i. Freehold Estates

21 Tues 3/31 Real Property (continued)


ii. Non-Freehold Estates
(Leasehold, Easement, License)

22 Thurs 4/2 Real Property (continued)


iii. Co-Ownership
iv. Public and Private
Regulation of Land Use

23 Tues 4/7 Real Property (continued)


v. Transfer by Sale

24 Thurs 4/9 TEST #2

25 Tues 4/14 Estate Law Chapter 52


a. Wills /Trusts/Estate Planning

26 Thurs 4/16 Estate Law (continued)

27 Tues 4/21 Estate Law (continued)

28 Thurs 4/23 Review

29 Tues 4/28 Last Lecture

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FINAL EXAM
Section 1: Section 1 (11:00 section) – Saturday, May 2, 2020 (9:00 – 12:00)
Section 2: Section 2 (12:30 section) – Tuesday, May 5, 2020 (2:00 – 5:00)

I. Honor Statement and Signature

By signing below, you accept the terms and conditions of this course; that you
will adhere to the University's Honor Code; and that you understand the quizzes
to be taken alone, without the aid of others, and without notes.

Name (Print): _____________________________________________


Computing ID: ____________________________________________
Date: ___________________________

Signature: _______________________________________________

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