Michael J. O'Hara Office Hours: by appointment,
CBA 502 UNO Omaha NE 68182 before class, Wednesday 5:30 - 6:00 PM
(402) 554-2823 (with voice mail) and after class, Wednesday 8:40 - 9:00 PM
mohara@unomaha.edu fax (402) 554-2680
http://unicron.unomaha.edu/mohara/web/ohara.htm
COURSE DESCRIPTION:
3 credit hours. "Focus upon law and ethics. Business law, legal processes, and regulations will be the subject matter focus. Business ethics will be a recurring focus of analysis. Analysis of the social environment will include public policy. Both subject matter and analysis will be integrated to build the student's critical thinking skills. Prereq.: MBA Foundation courses."
GRADED EVENTS:
A course letter grade of "A" is earned with a total course percentage of 90.0% or more; a "B+" is earned with 85.0% or more; a "B" is earned with 80.0% or more; etc.
35% DAILY ASSIGNMENTS
20% QUIZZES: typically oral, occasionally written
unhesitating recall of memorization tasks and
familiarity with day's readings
15% NEGOTIATION PREPARATIONS
3% @ four, two-page negotiation preparations, and 3% negotiator grade
20% SOLO MIDTERM EXAM
solo effort exam of 50 true-false questions
10% PAPER
Live performance of and legal analysis of Company: A Musical Comedy.
35% COMPREHENSIVE FINAL EXAMS
25% SOLO FINAL EXAM
solo effort on 100 true false questions
10% GROUP IN CLASS EXAM
20 zero-guess multiple-choice questions; based on Solo Final's questions
each group gets three tries
TEXTS:
1. Cheeseman, Henry R. Business Law: The Legal, Ethical, and International Environment. Third Edition. Upper Saddle River, New Jersey: Prentice Hall, 1998. YELLOW COVER, not the blue cover.
2. Ponte, Lucille M. and Cavenagh, Thomas D., Alternative Dispute Resolution in Business. Cincinnati, Ohio: West Educational Publishing Company, 1999.
3. OPTIONAL: Stephen Sondheim and George Furth. Company: A Musical Comedy. New York, New York: Theatre Communications Group, 1994.
DAILY ASSIGNMENTS
There are two types of DAILY ASSIGNMENTS and there is
NO MAKE - UP for any of the
DAILY ASSIGNMENTS. However,
if you will need to miss a class you may fax (402) 554-2680
or email (mohara@unomaha.edu) your negotiation preparation assignment
to me prior to the start of class. It will not be an adequate
excuse that my fax machine was busy with other student's faxes
that started transmission prior to your attempted transmission.
There are two types of daily assignments: Quizzes (usually oral)
and Negotiation Preparations.
QUIZZES: Each Quiz grade is based on two factors. First, your level of unhesitating recall of the memorization tasks (e.g., able to recite like you recite your phone number). Second, your familiarity with that day's assigned readings.
Quizzes usually are oral and are worth a total of 20% of your course grade. Quizzes will be conducted at the beginning of the class. Students who are late for the start of the quiz will earn a failing grade on that quiz. For written quizzes all students will be quizzed. For oral quizzes, students will be called on randomly and will be called on in-groups of four, but will be graded individually. Over the course of the semester, you personally will have six quizzes --but you will be graded as if you only had five quizzes-- each worth 4% of the course grade. Excluding the first class, the midterm exam, and the final exams, there are thirteen class meetings.
The typical quiz earns a grad of 80% and each Quiz will be grade on a truncated scale of:
clearly excellent = 100%
adequate = 80%
suspect quality = 60%
fail = 0%.
When Oral Quizzes focus on memorization tasks (as distinguished from the day's assigned readings) the questions will come from the list of major topics in the course (see web page and class handout). For these major topics you need to memorize material. The list only identifies the topics for memorization; the list is not the thing to be memorized. For example, the major topics list includes fraud. For "fraud" you need to memorize that it has five elements: knowing, intentional, misrepresentation of material fact, justifiable reliance, and injury. You should scan the major topics list prior to doing the reading for the week and you should bring the major topics list to every class so that you can keep track of which topics have been covered to date.
Your memorization tasks are focused on lists of questions to guide your legal analysis (e.g., Was it knowing?, Was it intentional?, etc.). In contrast to Oral Quizzes on the day's assigned readings, Oral Quiz questions on memorization material only will address material covered in prior lectures. Quizzes start September 2 and end December 2.
NEGOTIATION PREPARATIONS: For a total of 15% of the course grade, there are four typed negotiation preparation assignments and one negotiator grade. The first is due October 28 and the last is due December 2. Each is worth 3% of the course grade. Each will be graded on a truncated scale of:
clearly excellent = 100%
adequate = 80%
suspect quality = 60%
fail = 0%.
The typical negotiation preparation will receive a grade of 80%. In addition to the written negotiation preparations, you can earn 3% of the course grade based on your performance as a negotiator. This grade will be based upon how each of the five persons who negotiate with you grade your performance on the truncated scale given above, as well as the instructor's observations of your negotiator skills.
A negotiation preparation form will be distributed (see web page). You are free to use or to re-design this form. However, your negotiation preparation assignments must use the topic heading on the distributed form. See TYPING REQUIREMENTS. Your negotiation preparation form will be easiest to read and use if you print it: [1] in landscape (instead of the ordinary portrait) layout; and [2] use at least two columns to shorten the lines of text and to group the text.
EXAMS:
There are three exams, a Solo Midterm Exam, a Solo Comprehensive Final Exam, and a Group Comprehensive Final Exam. The Midterm Exam is on October 14, the night of the play. We will change building the night of the play. The Midterm Exam is worth 20% of the course grade. The Comprehensive Final Exams are at the Regent's scheduled final exam time December 16 and are worth 35% of the course grade. The Solo Comprehensive Final is worth 25% and the Group Comprehensive Final is worth 10%. See web page for examples.
The Midterm Exam will be 50 true-false questions based on the lectures and the text. The Solo Final will be 100 true-false questions based on the lectures and the text. The Group Final will be 20 zero-guess (i.e., a, b, c, all, none, a+b, a+c, or b+c) multiple-choice questions based on the Solo Final questions. Each group will get three attempts at successfully completing the Group Final exam.
Groups will form no later than the end of break on December
2. Groups may have 3 or 4 members. All student groups must
be voluntary associations:
no student may be forced to join a group and no group may be forced
to accept a student. If all students are not in voluntary groups
by the end of break on
November 18, then the instructor will randomly assign all students
to involuntary groups. No group exists until all students
are in voluntary groups or the instructor assigns involuntary
groups.
PAPER:
All students shall attend a live performance of the play Company: A Musical Comedy on October 14 and each student shall prepare a two-page, typed legal analysis of the play. See web page for examples.
The paper assignment is worth 10% of the course grade. 1% is earned by attendance at a live performance on October 14. 1% is earned on the first final draft of the paper due at the beginning of class on November 4. 8% is earned on the second final draft of the paper due at the start of the final exam on December 9.
Performances are staged in the Weber Fine Arts Building: between and south of the UNO Library and the Durham Science Center. Performances start at about 8:00 p.m. and generally are over about 10:30 p.m. On October 14 the class as a whole will attend the play as an extension of the regular class. Attendance will be taken for earning the 1%. Family members and guests are most welcome. Tickets cost under $10 and reservations may be made through the UNO Theatre Box Office at 554-2335. Class will start at its ordinary start time of 6:00 p.m. and there will be a lecture until about 7:45 p.m. We will relocate to a pre-arranged campus building (most likely, room 214 in the Weber Fine Arts Building) for the lecture. October 14 also is the night of the midterm exam.
This assignment has two (not necessarily, but often separate) one-page assignments. These two one-page assignments will be typed on to or photocopied onto one sheet of paper. Your first task is to analyze a transaction in the play for a "contract" and your second task is to analysis a transaction in the play for a "tort." In one of these two transactions you shall conclude that there is "no adequate remedy at law" and then proceed to an analysis of the most appropriate equitable remedy. The easiest paper to write is to conclude there is a tort, and conclude there is no contract and thus no adequate remedy at law for the contract transaction and proceed to the equitable remedy for the contract transaction.
On November 4 each student shall submit two copies of a First Final Draft. During class on November 4, one copy will be evaluated by two other students and returned to the student author. The other copy will be evaluated by the instructor on a pass-fail basis as to whether the First Draft is, objectively, a good faith attempt at a "final draft." A pass will earn 100%, while a fail will earn 0%. See TYPING REQUIREMENTS.
On December 9 each student shall submit one copy of a Second Final Draft which will graded by the instructor. See TYPING REQUIREMENTS.
TYPING REQUIREMENTS:
All typed assignments shall be in #12 font typeface, may be single or double-spaced, shall use one inch margins on all four sides of a page, and shall be typed on both sides of a single sheet of 8 1/2" x 11" white paper. DO NOT USE A COVER SHEET, instead use a single line header (e.g., see top of this page) on each page identifying, from left to right: (1) the student author; (2) the role played or assignment [e.g., Mizer or First Draft]; (3) the date submitted. The computer labs will not let up print front to back on their laser printers. The computer lab laser printers are networked and such printing would require you to have control of the print queue, which is incompatible with appropriate network security.
The ENRON Computer Lab in CBA 403 has word processing software and hardware for you to use and for which you have been charged a fee. Campus computing rooms in CBA 007, EAB 009, and DSC 104 also provide computer support. Grammar, punctuation, and spelling do influence your grade. For page limits and other assignment specific TYPING REQUIREMENTS, see the specific assignment. Significant failure to comply with the typing requirements will cause, at a minimum, an automatic deduction of 5% of your earned assignment grade.
MAKE-UP WORK:
Make-up work is strongly discouraged. There is no make-up work for DAILY ASSIGNMENTS. There are two prerequisites for make-up work.
1. 24 hour prior notice of your intended absence, unless for sufficient reason (e.g., death of an immediate family member); AND
2. timely, written verification by an impartial
third party
(e.g., from mortician on letterhead).
ACADEMIC DISHONESTY:
Any form of academic dishonesty (e.g., looking on another student's solo final exam) will be grounds for a course grade of "F."
DATE CHAPTERS TASKS and DEADLINES
Aug 26 Syllabus, handouts, & Cheeseman Chapter 1 (p. 1-16)
Sep 2 Cheeseman Chap. 2 - 4 (p. 17-74) and Ponte Chap. 1-2 (p. 1-59)
Sep 9 Cheeseman Chap. 5 - 10 (p. 75-184)
Sep 16 Cheeseman Chap. 11 - 16 (p. 185-282)
Sep 23 Cheeseman Chap. 50 - 54 (p. 898-991)
Sep 30 Cheeseman Chap. 17 - 21 (p. 283-372)
Oct 7 Cheeseman Chap. 22 - 28 (p. 373-504)
Oct 14 6:00 - 6:30 review by student questions
6:30 - 7:30 Midterm Exam ROOM _________________
7:30 - 7:45 preparation for play
8:00 - 10:30 attend Company: A Musical Comedy
Oct 21 Ponte Chap. 3 - 5 (p. 59-154) in class negotiation
exercise
(note: October 19 & 20 are the dates of the new Fall Break)
distribute Neg. Prep. #1 facts
Oct 28 Cheeseman Chap. 29 - 34 (p. 504-601) Neg. Prep. #1 due
Nov 4 Cheeseman Chap. 35 - 39 (p. 602-702) First Draft Legal
Analysis due
distribute Neg. Prep. #2 facts
Nov 11 Ponte Chap. 6 - 7 (p. 155-232) Neg. Prep. #2 due
Nov 18 Ponte Chap. 8 - 11 (p. 233-337) Neg. Prep. #3 due
Nov 25 NO CLASS, Thanksgiving Break
Dec 2 Cheeseman Chap. 40 - 44 (p. 703-792) Neg. Prep. #4 due
form groups
last date for quizzes
Dec 9 Cheeseman Chap. 45 - 49 (p. 793-897) Second Draft Legal
Analysis due
student evaluations
Dec 16 6:00 - 6:30 review by student questions
6:30 - 9:00 Solo Comprehensive and Group Comprehensive Final
Exams