TCO 1 Describe the common law tradition as it developed in England through its existence today in American jurisprudence. Describe the sources of law for the American legal system. Define the concepts of stare decisis and precedent. TCO 2 Explain the concept of separation of powers. Explain the Commerce Clause, the Supremacy Clause, and the Equal Protection Clause. Explain when a law restricting commercial speech is constitutionally valid. TCO 3 Explain federal and state court structure. Distinguish between the subject matter jurisdiction of federal and state courts and personal jurisdiction over a defendant in a civil action. Identify the major stages of civil litigation in a trial court, and list the order of events in a civil case. TCO 4 Name the requirements to form a valid contract, and explain the meaning of each. Distinguish between unilateral and bilateral contracts, between express and implied contracts, between executed and executory contracts, and between void and voidable contracts. Give an example of quasi-contract. Identify the necessary requirements for a valid offer, and explain what terminates an offer. Explain a counteroffer and its effect. List the requirements for a valid acceptance, and explain the mailbox rule. Explain consideration and give examples of when it is and is not present. Explain promissory estoppel. Explain the concept of a minor disaffirming a contract, and explain when that applies. Explain the effect of intoxication or mental incompetency on a person’s ability to form a valid contract. Identify some contracts that may be unenforceable as being against public policy. TCO 5 Explain the purpose and function of the Uniform Commercial Code. Define the elements necessary to form a sales contract under UCC Article 2. Define the provisions of the Statute of Frauds and Parole Evidence Rule under UCC Article 2. Review the Becker CPA Week 5 Lecture. TCO 6 Define agency powers and functions. Explain agency rulemaking procedures; compare and contrast the different types of rulemaking procedures. Describe the process or judicial review and discuss the scope of review and the standards of review. TCO 7 Distinguish between the protection granted to patents, copyrights, trademarks and service marks, trade names, trade dress, and cybermarks. Explain the scope of trademark protection (trademarks, service marks, and trade dress). Differentiate between fanciful, arbitrary, or suggestive trademarks, descriptive terms that have acquired secondary meaning, and generic terms, and the types of marks that are protected. Explain the requirements for a valid claim of trademark infringement. Differentiate a trade name from a trademark. Explain the requirements for a valid claim of patent infringement. List the required elements for a valid copyright, and the requirements for bringing a copyright infringement action. Explain the fair use doctrine and give an example of fair use. Explain the purposes of the Anti-cybersquatting Consumer Protection Act, the No Electronic Theft Act, and the Digital Millennium Copyright Act. TCO 8 Explain the liability of Internet service providers for torts committed by users. Explain tort liability for sending spam, and the scope of the CAN SPAM Act. Explain how Internet data brokers may be liable for stalking. Identify the requirements for a valid e-signature under the federal E-SIGN Act. Explain when an electronic transaction is binding under the Uniform Electronic Transactions Act. Distinguish between the four types of electronic funds transfer systems used by banks. Distinguish the liability of the bank, the customer and the payee in an electronic transfer of funds. Name some examples of e-money, and discuss the laws that apply to each. Review the Becker CPA material in Week 6 on Secured Transactions. TCO 9 Distinguish between an independent contractor and an employee. Explain the doctrine of respondeat superior. Define the terms agency, principals, and agent, and explain the different types of agents. Analyze the duty, liability, and authority of the principal and the agent. Explain the methods of terminating an agency relationship. TCO 10 Describe the formation of sole proprietorships, as well as the advantages and disadvantages of that form of business organization. Describe the formation of sole general partnerships, and limited partnerships and the rights, duties, and responsibilities of owners or partners. Describe the formation of different types of corporations, and the rights, duties, and responsibilities of shareholders, officers, and directors. 9. Areas that were discussed in the threads will be prime targets. 10. Assignments will also be prime targets for revisiting. 11. Reviewing the TCOs, which I have listed below for your convenience, will also be a great preparation for the Final Exam. 1 The Common Law Tradition and Negligence. Given the historical framework of the common law, explain the common law tradition and its role in the development of negligence law, including the negligence liability of accountants. 2 The Constitution and Business. Given a law restricting commerce, identify the constitutional law issues raised and explain how the courts would resolve the issues according to the current state of the law. 3 Courts and Dispute Resolution. Given a lawsuit, explain the litigation process, starting with the selection of a court with proper jurisdiction, and moving through the basic steps leading to a resolution of the dispute. 4 Contracts. Given a scenario involving a contract, analyze the legal sufficiency of the offer, acceptance, and consideration, determine whether the contract is enforceable, and identify the remedies available to the non-breaching party according to the current state of the law. 5 UCC Sale of Goods. Given a fact scenario, determine whether a valid contract has been formed in accordance with Article 2 (Sales) of the UCC. 6 Administrative Law. Given a scenario involving a government regulation and an enforcement proceeding, determine the standard required to comply with the regulation, possible bases for challenging the regulation, and the tests an appellate court would consider in evaluating an appeal from the agency’s final decision. 7 Intellectual Property. Given a scenario involving intellectual property, identify the type(s) of intellectual property at issue and explain whether an infringement of rights has occurred, based on the current state of the law. 8 Cyberlaw. Given a scenario involving wrongful acts transmitted electronically or via the Internet, identify the relevant laws and explain their application. 9 Agency Law. Given a scenario involving a claim against an employer based on the conduct of an employee, identify the legal principle(s) upon which the claim is based and suggest a line of defense for the employer. 10 Business Organizations. Given a scenario involving the organization of a business, discuss the legal advantages and disadvantages of the various forms of organization and the roles and responsibilities of the parties involved.

 
 

TCO 1
Describe the common law tradition as it developed in England through its existence today in American jurisprudence.
Describe the sources of law for the American legal system.
Define the concepts of stare decisis and precedent.
TCO 2
Explain the concept of separation of powers.
Explain the Commerce Clause, the Supremacy Clause, and the Equal Protection Clause.
Explain when a law restricting commercial speech is constitutionally valid.
TCO 3
Explain federal and state court structure.
Distinguish between the subject matter jurisdiction of federal and state courts and personal jurisdiction over a defendant in a civil action.
Identify the major stages of civil litigation in a trial court, and list the order of events in a civil case.
TCO 4
Name the requirements to form a valid contract, and explain the meaning of each.
Distinguish between unilateral and bilateral contracts, between express and implied contracts, between executed and executory contracts, and between void and voidable contracts.
Give an example of quasi-contract.
Identify the necessary requirements for a valid offer, and explain what terminates an offer.
Explain a counteroffer and its effect.
List the requirements for a valid acceptance, and explain the mailbox rule.
Explain consideration and give examples of when it is and is not present.
Explain promissory estoppel.
Explain the concept of a minor disaffirming a contract, and explain when that applies.
Explain the effect of intoxication or mental incompetency on a person’s ability to form a valid contract.
Identify some contracts that may be unenforceable as being against public policy.
TCO 5
Explain the purpose and function of the Uniform Commercial Code.
Define the elements necessary to form a sales contract under UCC Article 2.
Define the provisions of the Statute of Frauds and Parole Evidence Rule under UCC Article 2.
Review the Becker CPA Week 5 Lecture.
TCO 6
Define agency powers and functions.
Explain agency rulemaking procedures; compare and contrast the different types of rulemaking procedures.
Describe the process or judicial review and discuss the scope of review and the standards of review.
TCO 7
Distinguish between the protection granted to patents, copyrights, trademarks and service marks, trade names, trade dress, and cybermarks.
Explain the scope of trademark protection (trademarks, service marks, and trade dress).
Differentiate between fanciful, arbitrary, or suggestive trademarks, descriptive terms that have acquired secondary meaning, and generic terms, and the types of marks that are protected.
Explain the requirements for a valid claim of trademark infringement.
Differentiate a trade name from a trademark.
Explain the requirements for a valid claim of patent infringement.
List the required elements for a valid copyright, and the requirements for bringing a copyright infringement action.
Explain the fair use doctrine and give an example of fair use.
Explain the purposes of the Anti-cybersquatting Consumer Protection Act, the No Electronic Theft Act, and the Digital Millennium Copyright Act.
TCO 8
Explain the liability of Internet service providers for torts committed by users.
Explain tort liability for sending spam, and the scope of the CAN SPAM Act.
Explain how Internet data brokers may be liable for stalking.
Identify the requirements for a valid e-signature under the federal E-SIGN Act.
Explain when an electronic transaction is binding under the Uniform Electronic Transactions Act.
Distinguish between the four types of electronic funds transfer systems used by banks.
Distinguish the liability of the bank, the customer and the payee in an electronic transfer of funds.
Name some examples of e-money, and discuss the laws that apply to each.
Review the Becker CPA material in Week 6 on Secured Transactions.
TCO 9
Distinguish between an independent contractor and an employee.
Explain the doctrine of respondeat superior.
Define the terms agency, principals, and agent, and explain the different types of agents.
Analyze the duty, liability, and authority of the principal and the agent.
Explain the methods of terminating an agency relationship.
TCO 10
Describe the formation of sole proprietorships, as well as the advantages and disadvantages of that form of business organization.
Describe the formation of sole general partnerships, and limited partnerships and the rights, duties, and responsibilities of owners or partners.
Describe the formation of different types of corporations, and the rights, duties, and responsibilities of shareholders, officers, and directors.
9. Areas that were discussed in the threads will be prime targets.
10. Assignments will also be prime targets for revisiting.
11. Reviewing the TCOs, which I have listed below for your convenience, will also be a great preparation for the Final Exam.

1    The Common Law Tradition and Negligence. Given the historical framework of the common law, explain the common law tradition and its role in the development of negligence law, including the negligence liability of accountants.
2    The Constitution and Business. Given a law restricting commerce, identify the constitutional law issues raised and explain how the courts would resolve the issues according to the current state of the law.
3    Courts and Dispute Resolution. Given a lawsuit, explain the litigation process, starting with the selection of a court with proper jurisdiction, and moving through the basic steps leading to a resolution of the dispute.
4    Contracts. Given a scenario involving a contract, analyze the legal sufficiency of the offer, acceptance, and consideration, determine whether the contract is enforceable, and identify the remedies available to the non-breaching party according to the current state of the law.
5    UCC Sale of Goods. Given a fact scenario, determine whether a valid contract has been formed in accordance with Article 2 (Sales) of the UCC.
6    Administrative Law. Given a scenario involving a government regulation and an enforcement proceeding, determine the standard required to comply with the regulation, possible bases for challenging the regulation, and the tests an appellate court would consider in evaluating an appeal from the agency’s final decision.
7    Intellectual Property. Given a scenario involving intellectual property, identify the type(s) of intellectual property at issue and explain whether an infringement of rights has occurred, based on the current state of the law.
8    Cyberlaw. Given a scenario involving wrongful acts transmitted electronically or via the Internet, identify the relevant laws and explain their application.
9    Agency Law. Given a scenario involving a claim against an employer based on the conduct of an employee, identify the legal principle(s) upon which the claim is based and suggest a line of defense for the employer.
10    Business Organizations. Given a scenario involving the organization of a business, discuss the legal advantages and disadvantages of the various forms of organization and the roles and responsibilities of the parties involved.

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