JUR 3608 Law III

APPLIES TO ACADEMIC YEAR 2012/2013

JUR 3608 Law III

Responsible for the course
Monica Viken

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
15

Language of instruction
Norwegian

Introduction
The course focuses on public law regarding market regulations, intellectual property right and questions related to monetary claims and company law that may be relevant for an enterprise. The course is organized in four sub-courses:
  • Competition law
  • Marketing Law
  • Financial crime
  • Economic analysis of law
The course applies a problem-based learning approach. The teaching is therefore composed of traditional lectures and seminar teaching. After the subject for the seminar has been introduced the students work on assignments in study groups. The assignments will then be reviewed in a plenary.

Learning outcome
Acquired knowledge
During the course the students will:
  • Become familiar with rules protecting the average consumer in marketing law
  • Become familiar with intellectual property law
  • Gain good knowledge of regulations concerning business practice
  • Gain good knowledge of the most important elements in competition law
  • Become familiar with both special and general provisions of criminal law
  • Become familiar with criminal rules, with special focus on financial crime in tax law
  • Gain an understanding of basic economic analysis of law and the relationship between economics and legal rules
  • Become familiar with microeconomic analysis, in particular game theory, as an analytical framework to assess the effects of legal rules

Acquired skills
At the end of the course the students will be able to:
  • Identify and analyse legal problems in cases concerning intellectual property and marketing law and give an account of the legal aspects in these areas
  • Give an account of competition law and the impact of EU-law
  • Give an account of special provisions in financial crime law and be able to assess whether an act is illegal
  • Use economic analysis to assess the functioning of rules
  • Assess the welfare effects of liability rules and legal sanctions in economic analysis


Reflection
At the end of the course the students will:
  • Have developed the ability to see the ethical parts of a legal problem in competition and marketing law
  • Have the ability to assess legal phrases such as “good marketing practice” and “good business practice” in an ethical perspective.
  • Have developed a special ethical consciousness when assessing legal terms in criminal law
  • Be able to see the relationship between the standards of society and legal rules in connection with financial crime.


Prerequisites


Compulsory reading
Books:
Eide, Erling og Endre Stavang. 2008. Rettsøkonomi. Cappelen akademisk forlag. Pensum spesifiseres nærmere
Langfeldt, Sverre Faafeng og Tore Bråthen. Lov og rett for næringslivet. Siste utg. Universitetsforlaget : Focus forlag. Kap. 18
Lunde, Tore, Ingvild Mestad og Terje Lundby Michaelsen. 2010. Markedsføringsloven : med kommentarer. Gyldendal akademisk
Sejersted, Fredrik ... [et al.]. 2011. EØS-rett. 3. utg. Universitetsforlaget. kap 23-29
Stordrange, Bjørn. 2007. Forbrytelser mot vårt økonomiske system : utroskap, bestikkelser og investorbedrageri. 2. utg. Fagbokforlaget. Utvalgte sider er pensum


Other:
Lassen, Birger S. "Åndsretten" i Knophs oversikt over Norges Rett. siste utg.. Studentene vil få utdelt kopi


Recommended reading

Course outline
Competition law
  • Prohibition and public intervention in competition law
  • Legal influence in private law
  • Information requirements and sanctions
  • Competition law and Norwegian Competition Authority
  • EEA-regulations

Marketing Law and Intellectual property law
  • Trademark law, consumer name law, design law, patent law and copyright
  • The interplay between intellectual property law and marketing law
  • The protection of consumers in marketing law
  • The regulations of business practice in marketing law. Good marketing practice
  • Enforcement of regulations in marketing law

Financial crime
  • Special provisions in financial crime
  • Misuse of funds
  • Corruption
  • Aggravated receiving
  • Manipulation in stock exchange
  • Crime related to obligations

Economic analyses of law
  • Functioning of rules
  • The relationship with legal method
  • Economic analysis of real estate law
  • Economic analysis of contract law
  • Economic analysis of law of damages
  • Economic analysis of procedural rules and sanctions

Computer-based tools
No specified computer tooles are used.

Learning process and workload
The duration of the course is 90 teaching hours consisting of lectures and seminars covering the four sub-courses.

The lectures are regular teaching in the auditorium. In the seminars the students are organized in study groups for discussions and solving assignments. The assignments that the students have worked on in the study groups will be reviewed in class in a plenary session. Students are required to take an active part in the seminars. Three voluntary hand-in assignments are set in the course. The students will be given a tentative grade and individual feedback on these hand-in assignments.


Activity
Use of hours
Participation in lectures
44
Participation in seminars
46
Preparations for lectures
80
Self-tuition / reading syllabus
150
Work on cases / assignments
74
Exam
6
Total recommended use of hours
400

The allocation of lecture hours and seminar hours for each sub-course is as follows:

Marketing Law and Intellectual property law
14 hours of lectures, followed by 12 hours of seminars

Competition law
10 hours of lectures, followed by 10 hours of seminars.

Financial crime
10 hours of lectures, followed by 12 hours of seminars.

Economic analyses of law
10 hours of lectures, followed by 12 hours of seminars.


Examination
A six hour individual written exam concludes the course

Examination code(s)
JUR 36081 - Written examination, counts 100% to obtain final grade in JUR 3608 Law III, 15 credits.

Examination support materials
The Norwegian code of laws or another compilation of laws, reprints of laws, regulations and draft laws.
Exam aids at written examinations are explained under exam information in our web-based Student handbook. Please note use of calculator and dictionary. http://www.bi.edu/studenthandbook/exama


Re-sit examination
A re-sit examination is held in connection with the next scheduled course.

Additional information