Law_531

|[pic] |Syllabus | | |School of Business/Graduate | | |LAW/531PR Version 2 | | |Puerto Rican Business Law | Copyright © 2010, 2009 by University of Phoenix. All rights reserved. Credits 3 Course Description This course prepares students to evaluate the legal risks associated with business activity in Puerto Rico. Students will create proposals to manage a Puerto Rican organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, property, intellectual property, legal forms of business in Puerto Rico, and governance. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Constitution of the Commonwealth of Puerto Rico (1952), Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (6th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. Mallor, J. P., Barnes, A. J., Bowers, T., & Langvardt, A. W. (2010). Business law: The ethical, global, and e-commerce environment (14th ed.). Boston, MA: McGraw-Hill/Irwin. Titles of the Laws of Puerto Rico Annotated 13 L.P.R.A. § 10101 (1955-2001) All electronic materials are available on the student website. |Week One: Legal Systems of Business | | |Details |Due |Points | |Objectives |Explain traditional litigation and its application to business transactions in Puerto Rico. | | | | |Create an alternative dispute resolution best suited to a common business issue. | | | | |Describe the legal system’s structure, jurisdiction, and function in resolving business | | | | |problems in Puerto Rico. | | | |Readings |Read Ch. 1–4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and | | | | |International Issues. | | | | |Read Ch. 2 of Business Law: The Ethical, Global, and E-Commerce Environment. | | | | |Read Article V of the Constitution of the Commonwealth of Puerto Rico. | | | | |Read Title 4: Judiciary & Sections 1–38 of the Title 32, Appendix III of the Titles of the | | | | |Laws of Puerto Rico Annotated. | | | |Participation |Participate in class discussion. | |3 | |Individual |Write an ADR clause to be used by your Learning Team to resolve disagreements among team |05/01 |5 | |Alternative Dispute Resolution|members. Your ADR must be 350 words or less. |2012 | | |(ADR) Clause for Learning | | | | |Team Charter |Specify at least one type of ADR; however, more than one type may be included. The clause | | | | |must provide all of the information necessary to define which disputes are subject to ADR, | | | | |along with provisions necessary to enable an ADR to occur. The clause must also provide all | | | | |of the information needed for the ADR process to work effectively, leaving no question | | | | |unanswered. This clause must be suitable for use in any Learning Team in any course in your | | | | |program. | | | | | | | | | |Amend your Learning Team Charter to include the ADR clause. | | | |Week Two: Tort and Regulatory Risk | | |Details |Due |Points | |Objectives | | | | | |Propose actions a company may take to avoid tort liability and litigation. | | | | |Propose actions a company may take to avoid product liability risk. | | | | |Assess methods for managing legal risk arising out of domestic and international regulatory | | | | |matters. | | | |Readings |Read Ch. 5, 6, 43–46, 50, & 54 of Business Law: Legal Environment, Online Commerce, Business | | | | |Ethics, and International Issues. | | | | | | | | | |Read Ch. 20 of Business Law: The Global, Ethical, and E-Commerce Environment. | | | |Participation |Participate in class discussion. | |3 | |Learning Team Instructions |The Business Regulation Simulation takes place in the fictional state of Erehwon, which falls| | | | |under the jurisdiction of Region 6 of the U.S. Environmental Protection Agency (EPA). Puerto | | | | |Rico falls under the jurisdiction of Region 2 of the EPA. | | | | | | | | | |Resources: The EPA website at www.epa.gov, and Business Regulation Simulation Findings Table | | | | |on the student website | | | | | | | | | |Complete the Business Regulation Simulation located on the student website. | | | | | | | | | |Identify legal issues that are present and note from your readings the legal principles that | | | | |apply to each issue. An example is that Alumina may be liable for negligence if pollutants | | | | |are released from its processes. The related principle is that negligence occurs when a party| | | | |has a duty to do something, or avoid doing something, and breaches that duty, causing injury | | | | |or expense. | | | | | | | | | |Repeat the simulation as often as necessary to identify all issues and the corresponding | | | | |legal principles. Some issues may be more obvious than others. | | | | | | | | | |Collaborate in your Learning Teams to identify the legal issues and principles present in the| | | | |simulation. Share your findings with your teammates and discuss any issues you identified | | | | |that they did not. Also, ask for clarification on issues your teammates identified that you | | | | |did not find. At the end of the collaboration, each member produces a table that displays the| | | | |issues and principles relevant to the simulation. This table is used in the Recognizing and | | | | |Minimizing Tort and Regulatory Risk assignment. | | | |Individual |Resource: Business Regulation Simulation Findings Table on the student website |05/08/ |10 | |Recognizing and Minimizing | |2012 | | |Tort and Regulatory Risk |Write a plan for a company such as Alumina that explains how regulatory risks, such as tort | | | | |liability and litigation, may be identified and managed through preventive, detective, and | | | | |corrective measures, using the table of legal issues and principles developed in your | | | | |Learning Team. The plan must clearly identify common torts and other regulatory risks, as | | | | |considered in the readings, and describe specific measures to manage those risks. The plan | | | | |must not exceed 1,050 words in length. | | | | | | | | | |Format your plan consistent with APA guidelines. | | | |Week Three: Contract Risk and Opportunities | | |Details |Due |Points | |Objectives | | | | | |Analyze legal risks during contract formation and performance, and the remedies available in | | | | |common and civil legal systems. | | | | |Evaluate measures business leaders may take to avoid risk in transactions. | | | | |Explain transaction risk arising in unique environments. | | | |Readings |Read Ch. 9–11, 14, 16–18, & 20 of Business Law: Legal Environment, Online Commerce, Business | | | | |Ethics, and International Issues. | | | | | | | | | |Read Sections 741–760 and 766 of Title 10: Commerce; & Title 31: Civil Code, Obligations and | | | | |Contracts of the Titles of the Laws of Puerto Rico Annotated. | | | |Participation |Participate in class discussion. | |3 | |Individual |Conduct the Contract Creation and Management simulation on your student website. As you |05/15/ |10 | |Recognizing Contract Risk and |complete the simulation, identify the present legal issues and note the legal principles that|2012 | | |Opportunities |apply to each issue. Use legal principles presented in the readings. | | | | | | | | | |Prepare a business report of 1,050 words or less that addresses the legal risks and | | | | |opportunities presented in the simulation. Do the following: | | | | | | | | | |Identify specific risks and opportunities a Puerto Rican company in a similar situation may | | | | |face when doing business. Evaluate measures a manager may take to avoid those risks, minimize| | | | |liabilities, and benefit from the opportunities found in the simulation. | | | | | | | | | |Identify specific legal principles each risk or opportunity is governed by and relate the | | | | |specific measures managers may take to minimize legal risk or realize legal opportunities to | | | | |these principles. | | | | | | | | | |Evaluate the alternatives that were presented to resolve the problems in the simulation. | | | | |Explain which approach is best for Puerto Rican businesses and why. | | | | | | | | | |Format your report consistent with APA guidelines. | | | |Week Four: Laws and Risk in the Puerto Rican Employment Relationship | | |Details |Due |Points | |Objectives | | | | | |Analyze legal risk arising out of wrongful discharge. | | | | |Evaluate legal risk associated with employment discrimination and harassment. | | | | |Evaluate the regulatory and compliance requirements related to employment and benefits. | | | |Readings |Read Ch. 31–33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and | | | | |International Issues. | | | | | | | | | |Read Ch. 51 of Business Law: The Ethical, Global, and E-Commerce Environment | | | | | | | | | |Read Sections 185 & 201 in Title 11: Workmen’s Compensation; & Sections 146, 147, 155, 185, | | | | |361, 467–478, and 1321–1341 of Titles of the Laws of Puerto Rico Annotated. | | | | | | | | | |Read Article II of the Constitution of the Commonwealth of Puerto Rico. | | | | | | | | | |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion. | |3 | |Individual |Resources: Legal Issues in Reduction of Workforce simulation, University of Phoenix Material:|05/22/ |10 | |Responses to Three Employment |Legal Encounters |2012 | | |Law Encounters | | | | | |Write an answer to each question asked at the end of each encounter, in 350 words or less. | | | | |Provide a substantive answer, not a recommendation to refer matters to an attorney. The | | | | |majority of businesses in Puerto Rico do not have staff counsel and most businesses do not | | | | |want to spend money getting advice until after an internal assessment is provided. | | | | | | | | | |Identify what legal principles support your decision. Note that, whereas you may conduct | | | | |research to support your decision, all encounters must be supported from legal principles | | | | |found in the readings, including cases, statutes, and simulations. You will be graded on the | | | | |correctness of your answer, the application of relevant legal principles to the encounter | | | | |described, and the writing skill demonstrated. You must explain how the legal | | | | |principles support your decision. | | | |Week Five: Business Forms and Governance in Puerto Rico | | |Details |Due |Points | |Objectives | | | | | |Compare and contrast legal business entities in Puerto Rico and the United States. | | | | |Analyze applications of the Sarbanes-Oxley Act. | | | | |Design plans for managing the legal liability of officers and directors in Puerto Rico. | | | |Readings |Read Ch. 34–37, 39, 40, & Appendix C of Business Law: Legal Environment, Online Commerce, | | | | |Business Ethics, and International Issues. | | | | | | | | | |Read Sections 2601–3455 in Title 14: Private Corporations & Sections 4311–4399 in Title 31: | | | | |Civil Code of the Laws of Puerto Rico Annotated. | | | |Participation |Participate in class discussion. | |3 | |Individual |Resources: Riordan Manufacturing Virtual Organization on your student website |05/29/2012 |15 | |Corporate Compliance Plan | | | | | |Imagine that Riordan Manufacturing has decided to open a new division of its business in | | | | |Puerto Rico. | | | | | | | | | |Create a corporate compliance plan of no more than 3,500 words for a Puerto Rican division of| | | | |Riordan Manufacturing. The plan must synthesize your learning throughout the course and apply| | | | |the legal principles to Riordan. Focus your plan on managing the legal liability of Riordan | | | | |officers and directors. Your plan must address ADR, enterprise liability, product liability, | | | | |international law, tangible and intellectual property, legal forms of business, and | | | | |governance. | | | | | | | | | |Create your plan as if you were going to distribute this to Riordan officers and directors. | | | | |Outline the legal aspects’ prevention and management guidelines. Use your individual | | | | |assignments to bring insight into this project. Implement enterprise risk management based on| | | | |the Committee of Sponsoring Organizations recommendations. Incorporate key concepts from your| | | | |readings where appropriate. | | | | | | | | | |Address the following: | | | | | | | | | |Would the plan be suitable for a similar organization in the United States' What factors must| | | | |be considered when comparing business organizations in Puerto Rico and the United States' | | | | |Address factors, such as the ease of formation, ability to raise capital, limits on owners’ | | | | |liability, and other considerations. | | | | | | | | | |Would this division of Riordan Manufacturing be subject to the Sarbanes-Oxley Act of 2002' | | | | |What provisions affect the organization the most' How does other regulation similar to | | | | |Sarbanes-Oxley apply to government entities or other unregulated organizations in Puerto | | | | |Rico' | | | | | | | | | |The plan must address specific laws or aspects of the law that must be adhered to and must | | | | |outline steps for employees to adhere to these laws. The plan must address how to handle | | | | |situations when laws are violated or in question, such as when to call in legal counsel, what| | | | |rights the employees have, who to turn to when actions are taken against Riordan, and so | | | | |forth. | | | |Individual |Resource: Business Law: Legal Environment, Online Commerce, Business Ethics, and |05/29/2012 to |15 | |Final Examination |International Issues |06/05/2012 | | | | | | | | |Click the link to the Final Examination on your student website; the link is available from | | | | |the end of Week Five through the end of Week Six. | | | | | | | | | |Complete the Final Examination. You are allowed one attempt to complete the exam, which is | | | | |timed and must be completed in 3 hours. Results are auto-graded and sent to your instructor. | | | | | | | | | |Note. Final Examination questions are adapted from Business Law: Legal Environment, Online | | | | |Commerce, Business Ethics, and International Issues. | | | |Week Six: Risk Arising in Tangible Property and Intellectual Property | | |Details |Due |Points | |Objectives | | | | | |Propose methods for managing legal risk involving tangible property in Puerto Rico. | | | | |Design plans for protecting a Puerto Rican business’s intellectual property. | | | | |Propose methods to avoid liability arising from violating others’ property rights. | | | |Readings |Read Ch. 7 & 47–49 of Business Law: Legal Environment, Online Commerce, Business Ethics, and | | | | |International Issues. | | | | | | | | | |Read Sections 2001, 2101, 2351, 2551, and 2610 in Title 30: Mortgage Law and Regulations; & | | | | |Sections 171, 1021–1044, 1401, and 1402 in Title 31: of the Laws of Puerto Rico Annotated. | | | |Participation |Participate in class discussion. | |5 | |Learning Team |Select an industry sector in Puerto Rico, such as automotive, pharmaceuticals, information |06/05/ |15 | |Intellectual Property |technology, and so forth. |2012 | | |Presentation | | | | | |Research various aspects of this industry for tangible and intellectual property issues. The | | | | |research must identify what properties are significant to the industry, what managers may do | | | | |to protect the organization’s property rights, and what managers must do to ensure that the | | | | |organization protects others’ intellectual property rights. This requires an understanding of| | | | |tangible and intellectual property in general and research about tangible and intellectual | | | | |property issues in the industry. | | | | | | | | | |Discuss your findings and prepare an outline or summary of your research for tangible and | | | | |intellectual property in your industry. Visit the Center for Writing Excellence to view an | | | | |example of an outline and summary. | | | | | | | | | |Prepare a 10- to 15-slide Microsoft® PowerPoint® presentation on the risk associated with | | | | |tangible and intellectual property rights as they relate to the industry. Answer the | | | | |following questions: | | | | | | | | | |What actions must a manager take to identify and protect the organization’s tangible property| | | | |rights' | | | | |What actions must a manager take to identify and protect the organization’s intellectual | | | | |property rights' | | | | |What actions must a manager take to protect the organization from violating others’ | | | | |intellectual property rights' | | | References Bender, M. & Malavet-Vega, P. (1998). Evolución del Derecho Constitucional en PR. Lorena Ed. Case Study: Abrams Rivera v ELA, Departamento de Obras Públicas 2010 TSPR 68 Case Study: Albino Agosto v Ángel Martínez 2007 TSPR 111 Case Study: Asociación de Fotoperiodistas v Rivera Schatz 2011 TSPR 22 Case Study Calderon Otero v Corporacion Fondo del Seguro del Estado 2011 TSPR 48 Case Study: Colon Pérez v Televicentro de PR 2009 TSPR 43 Case Study: Córdova Iturregui v. Cámara de Representantes 2007 TSPR 133 Case Study: Cruz Roche v De Jesús Colón 2011 TSPR 95 Case Study: Díaz Fontánez v. Wyndham Hotel, 2001 JTS 146 Case Study: Feliciano Martes v Sheraton Old San Juan 2011 TSPR 97 Case Study: Guardiola Álvarez v. Dept. de la Familia 2009 TSPR 41 Case Study: Grufon Construction Corp. v. Autoridad de Edificios Públicos, 2002 JTS 16 Case Study: Hernández Maldonado v The Taco Maker 2011 TSPR 42 Case Study: Hernández Vélez v. Televicentro de PR, 2006 JTS 142 Case Study: López Fantauzzi v 100% Natural y Otros 2011 TSPR 40 Case Study: Meléndez Villafañe v Corporación del Fondo del Seguro del Estado 2011 TSPR 36 Case Study: Orsini García v Méndez, Secretario de Hacienda 2009 TSPR 190 Case Study: Paine Weber v. Service Concepts, Inc., 2000 JTS 100 Case Study: Peña Clos v. Cartagena, 114 DPR 57 Case Study: Ramos Román v Corporación del Centro de Bellas Artes 2010 TSPR 67 Case Study: Ramos Pérez v Univisión Puerto Rico 2010 TSPR 015 Case Study: Rentas Santiago v Autogermana Inc. 2011 TSPR 131 Case Study Rivera Figueroa v The Fuller Brush 2011 TSPR 25 Case Study: Rodriguez Burgos v KMART Corp, 2004 TSPR 180 Case Study: Rosario v. Distribuidora Kikuet, 151 DPR 364 (2000) Case Study: Ramirez Ferrer v. Conagra Foods 2009 TSPR 55 Case Study: Sagardia De Jesús v Hospital Auxilio Mutuo 2009 TSPR 173 Case Study: Santos v Family Drug Center 2011 TSPR 101 Case Study: Santiago Aponte v Rodriquez Martinez 2011 TSPR 37 Case Study: Serrano Rivera v Footlocker Retail 2011 TSPR 34 Case Study: Umpierre Biascochea v. Banco Popular, 2007 JTS 21 Case Study: Vélez Cortes v. Baxter 2009 TSPR 45 Case Study: Whittenburg v. Iglesia Católica Apostólica 2011 TSPR 37 Código Civil de PR. Título 31 LPRA (edición 2004) Crump, Gressman & Day. (1998). Cases and Materials on Constitutional Law (3rd Ed.) Fernández, D. & Romany, C. (1997). Derecho Laboral: Casos y Materiales. Vols. 1 & 2.       Editorial UPR Ley del Derecho sobre la Propia Imagen, Ley 139 de 13 de julio de 2011 Ley de Marcas del Gobierno de Puerto Rico, Ley Núm. 169 de 16 de diciembre de 2009, según enmendada. Ley General de Corporaciones 14 LPRA sec. 2601 y ss. López-Feliciano, D. (1999). El Ambiente y Las Leyes en Puerto Rico: Lo que todos queremos saber. Publicaciones Paraíso, Rincón, Puerto Rico. Ortega – Vélez, R (2003) Síntesis Jurisprudencia Derecho de Contratos (1900-2003) Ediciones SCISCO, San Juan P.R Reglamento de Procedimiento Para Acciones Disciplinarias contra Jueces y Juezas por Hostigamiento Sexual, 2008 TSPR 067 Reglas de Procedimiento Civil. Título 32 LPRA Ap III. (2009) Title 29 LPRA, Sec. 147, ss Title 29 CFR, Sec. 1605.1, ss Title 31 LPRA, Sec. 3371, ss Title 42 USC, Sec. 2000, ss www.lexjuris.com www.microjuris.com Copyright University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is n Edited in accordance with University of Phoenix® editorial standards and practices.