Hunter College
of the
City University of New York
Department of Economics
695 Park Avenue, New York, NY 10021

Syllabus
Business Law II (ECO 380) Spring 2002 Saturday mornings

Instructor:

Dean L. Surkin, Esq., Adjunct Assistant Professor

Rosen Seymour Shapss Martin & Company, LLP

757 Third Avenue

New York, NY 10017-2049

Phone: (212) 303-1887;  Fax: (914) 206-3711

Internet: dsurkin@optonline.net;  dsurkin@rssmcpa.com

Web site: www.surkinlaw.com

Office hours:

By appointment, during regular business hours

Required and Recommended Materials:

Required Textbook:  Mallor, Barnes, Bowers, Phillips, & Langvardt, Contemporary Business Law and the Legal Environment, Publisher: McGraw-Hill, Inc.

Course Description

This course is a continuation of Business Law I, concentrating on the law of agency and business entities.

Prerequisite

The prerequisite for this course is ECO 280, ECO 220 or MATH 150. Students who have not attained a grade of C or higher in the prerequisite course will be dropped from this course by the Registrar’s Office.

Course Objectives

To teach substantive business law, how to analyze a business situation, how to recognize business law issues, how to learn the applicable business law for a situation the student has never before encountered, and ultimately to learn the political and social shaping of the law. Students will address ethical issues in law as they relate to each topic.

Procedure for students with disabilities who wish to obtain accommodations or auxiliary aids for this course

I have a policy to try to accommodate any disabled student. Please schedule an appointment with me and a department representative, if needed, to arrange accommodations and auxiliary aids.

Course requirements and grading

Exams: There will be a midterm and a final. The midterm will likely be in-class (but may be take-home) and the final will be in class. All exams are open book, and all students will be on the honor system, particularly for the take-home midterm, if any ( no student may share notes after the exam has been handed out). Any take-home exam will likely comprise essay/computational problems, and any in-class exam will be multiple choice.

Components of the final grade: Each exam will be 40% of the final grade, and class participation will be 20% of the grade. See below for a discussion of class participation. Penalties for late work: The only assignment to which this applies is the midterm; you will lose points for late work. (10 points per day)

The midterm must be handed to me or delivered to my office to be timely. If you put it in my on-campus mail box, I may not get it until next week, since I am adjunct faculty. Therefore, you will be penalized for seven days lateness.

Attendance policy: Class attendance is vital to understand the course work. If you must miss a class, you don't have to tell me – just have a classmate tape the lecture, or loan you notes (make sure you have a friend who takes good notes).

Class participation: The burden of learning is yours. If you have ever tried to teach something, you will understand this little gem of philosophy. I use a modified Socratic method, combined with some lecturing. The Socratic method means that I ask you questions, and you answer them. Based upon your answers, I ask different questions. Ideally, my questions will guide you to an understanding of the topic. For this to work, you must do all assigned reading before the class session, and work out all the assigned problems, if any. Do not hand in the homework, but use your answers as a guide to the class dialogues. I will call on you each, in turn. You will learn best if you are prepared. Your answer does not have to be right. I recognize effort. I do not expect you to know the correct answers, and in fact, we will have the best dialogues if your answer is a well thought-out wrong answer. You have to pay close attention to my dialogues with other students, and not doze off when I have not called on you: you will also learn well if you can follow another student’s mistakes and determine what he or she did wrong, and why. You will get a good grade for class participation if you try. You will get a bad grade if you are unprepared.

Course Schedule

Because the Socratic method takes varying amounts of time depending upon class size or student enthusiasm, I cannot tell you exactly when we will cover each of the units below. My goal is to do about one chapter per week,.

Assignments:

Prepare all case problems at the end of each chapter

Agency

Chapter 34, The Agency Relationship

Chapter 35, Third Party Relations of the Principal and Agent

Business Organizations

Chapter 36, Introduction to Forms of Business and Formation of Partnership

Chapter 37, Operation of Partnerships and Related Forms

Chapter 38, Partners’ Dissociation and Partnerships’ Dissolution and Winding Up

Chapter 39, Limited Partnerships, Limited Liability Limited Partnerships and Limited Liability Companies

Chapter 40, History and Nature of Corporations

Chapter 41, Organization, Financial Structure and Dissolution of Corporations

Chapter 42, Management of Corporations
film: Roger & Me

Chapter 43, Shareholders’ Rights and Liabilities

Chapter 44, Securities Regulation

Chapter 45, Legal Responsibilities of Accountants
Breaking news: the Enron case

Chapters 46 et seq., as time permits

Estates

Chapter 26, Estates and Trusts, as time permits

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