Business and the Law Telecourse

Dr. Kenneth Schock , BUSINESS DIVISION

West Valley College—Office C in Business

Office Hours: (by appt. only) EMAIL address; [email protected]

EMAIL: Subject line: Student TV Law--SUMMER 2009--SECTION 82221

Phone: 408-741-2447 to leave a message 24 hours a day.

E-mail address : [email protected] (Subject line: WVC Student-TV law)This is a 3 unit course that is transferable to Stanford, UC systems, California State University systems, etc. Please check catalogue for any exceptions.

I. Basic Information

A. Course Title:

The name of this course is Business Law 28 and is transferable to the University of California and most California State University systems as a lower division business requirement for the baccalaureate degree. Please check your WVC catalogue listing or see your counselor for specific university recommendations regarding courses you need to complete.

B. Course Description:

Through the use of video taped/DVD lectures, case studies, court visitations, small claims papers, and Internet assignments, the student shall learn the following basic legal topics plus learn about current cases in the legal system as related to the subject currently being discussed:

� history of law in America and comparisons with the English system

� civil and criminal law elements and issues

� court structure and procedure

� constitutional law and the Bill of Rights

� First Amendment rights

� tort elements

� negotiable instruments

� debtor-creditor relationships

� sales contract issues

� contract essentials and issues

� product liability, leasing, third party rights

� types of business organizations

� government regulation

� real and personal property issues

� International law issues

� ethics and social responsibility issues

� cyberlaw within the legal environment

� checks and the banking system

� sole proprietorships, partnerships, and corporation issues

� corporate merger issues

� special business forms and private franchises

� antitrust law, consumer and environmental law

� employment law and discrimination issues

� insurance, wills, trusts, agency issues, international environment issues

� current legal issues related to the Internet, cyberspace, and

� environment issues

C. Course Objectives and learning outcomes:

Course objectives are designed so that you will obtain a basic understanding of business law within the legal environment; learning outcomes include the ability to use this knowledge in order to make important choices and decisions in your personal and professional life in the business world. This course may serve as a basis to further study of the legal environment and to enlighten you as to legal litigation issues.

1. General Requirement:

We assume that you can read and speak the English language at the 12th grade level. If your reading level is below this point, you should see your counselor or the Supported Education Program Department (SEP). If you have any learning disability or need additional time to take exams, you will need to see your counselor or the SEP Department.

Be sure to check your telecourse program guide elsewhere in this course syllabus for the airing dates and times. As an option, you may lease all the telecourse programs but MUST return them at the end of the semester or your grades will be held up. If you wish to lease a complete set of the video presentations, you will need to go to the college bookstore, pay a fee of 50$ (25$ returned when you return the videos in good condition), get a receipt, and take the receipt to a librarian who will lease you the tapes for one semester only. Call Max Gault at 408-741-2627 if you have further questions regarding the leasing and the returning of licensed video tapes. REMEMBER: You must return the video tapes in good condition no later than the week of the Final Exam. Grades are held up and INCOMPLETES (I-Fs) WILL BE ISSUED TO THOSE STUDENTS WHO DO NOT RETURN TAPES or DVDS BEFORE THE FINAL EXAM. SORRY, NO EXCEPTIONS.

Be sure to read this entire course outline twice because it should answer most of your questions.

A. Student Evaluation Procedures:

Seventy percent of your semester grade will be based on TWO required objective exams--ONE midterm and ONE final exam. Each exam will be closed book, closed notes. Each exam will consist of 100 multiple-choice objective questions (400 pts. each for a total possible of 40,000 pts. for each examination) based on lectures, textbook reading assignments, and video presentations. A class curve method on all Telecourse examinations. For example, 10 percent of the highest scores from all class sections generally will receive A's, the next 20 percent of the highest scores in all classes will receive B's, the next 40 percent of the highest scores will receive C's, the next 20 percent of the highest scores will receive D's and the bottom 10 percent will receive F's. This grading method is known a standard bell-shaped class curve modification arrangement and has been used for years because of its statistical fairness based on research and years of experience in higher education. I strongly recommend that you tell no one of the questions on the exam you take because it probably will lower your grade overall because the exams are based on how well you did in comparison with your student peers. Again, NOTE; ALL EXAMS ARE CLOSED BOOK; CLOSED NOTES EXAM�..

The remaining 30 percent of your semester grade will be based on in-class and out-of-class REQUIRED assignments, which include the following:

� Courthouse visitation—30,000 points possible

� Small claims court paper—10,000 points possible

� 5 Internet assignments—20,000 points possible

� Optional Study Guide assignments—do all assigned chapters—complete the Multiple-choice questions, t-f statements, issue spotters and short essays if you want to receive extra credit.

NOTE; IF YOU DO NOT COMPLETE THESE REQUIRED ASSIGNMENTS and the required examinations, YOU WILL RECEIVE AN AUTOMATIC INC for the semester (I-F); you will have one school year to make up the missing work; if you do not make up the missing assignments, the I-F will turn into an F for the semester.

B. Credit-No Credit Option:

You may choose a letter grade or a credit/no credit option. If you choose a credit/no credit option, you must follow the guidelines in the WVC Catalog to qualify for the credit/no-credit option. In other words, you must be earning a C average in the class if you wish to receive credit. If you receive less then a C average, you will receive No Credit. This is only if you choice this option. This option must be chosen one week after the first examination.

C. How to Drop this Class:

Should you choose to drop this class, you must turn in a drop slip to WVC Admissions and Records office on or before the drop deadlines to avoid receiving a failing grade. You will not be dropped automatically if you stop attending classes. I will not drop you; that is YOUR responsibility. Please refer to your class schedule or call the Admissions Office to determine the exact date in which you may drop without penalty.

D. Required Textbook:

The required textbook is BUSINESS LAW TODAY/Text and Summarized Cases by Roger LeRoy Miller and Gaylord A. Jentz--EIGHTH EDITION. NOTE: It is not recommended that you use previous editions because the chapters and brief assignments may not be the same. Many laws have been changed or updated. You may choose to use the Study Guide (EIGHTH EDITI0N ONLY) textbook. Using the Study Guide is highly recommended and Bonus points

(THIS IS AN OPTIONAL ASSIGNMENT AND IS NOT REQUIRED) will be awarded to those who complete all corresponding assigned chapter Study Guide sections t-f, multiple-choice, fill in the blanks, and issue spotters AND SHORT ESSAYS. Remember, everything completed is based on a points structure, which can affect your grade.

PLEASE NOTE: TURN OFF your pagers and cell phones during ORIENTATION and during the EXAM periods. Hats, caps, sunglasses, and dictionaries--electronic or manual--are not allowed during any examination periods. If you have a learning disability or need more than the standard time of one hour to take a test, you must contact your counselor, Health Services, or WVC Supported Education Programs (SEP) department for an approved waiver.

E. Here is a detailed list of required activities, examinations, and assignments to be completed throughout the semester. Unless told otherwise, all outside assignments are due on the day we take the final Examination. If you don't show up and take the final examination, you will receive an automatic INC

(I-F) or F for the semester.

Not continuing the class is a breach of contract unless you officially withdraw from class through the Admissions and Records process. You must drop the class; REPEAT, I will NOT drop you. INC's (I-Fs) are given to students who miss the final exam for ANY reason. You have one school year to make up any I-F�s issued.

2). There will be TWO OBJECTIVE multiple-choice examinations. Each EXAM is worth 40,000 points (400 pts. per questions times 100=40,000) for a total of 80,000 points. (exams account for 70 percent of your semester grade). On the day of the exams you will need a NO. 882-ES Scan tron form and #2 pencil. Pick them up at the College Bookstore. Sample exam questions appear at the end of this course syllabus or will be given to students a week before exam day. A test study guide (Preview of Coming Attractions) is included elsewhere in this course syllabus.

3). There is One REQUIRED Courthouse Visitation Paper - 30,000 points possible.

The purpose of this paper is to help you experience a real court system in action and how it functions in the real world. Your court visit should be one that includes a trial or a judge. Your court visit must be either a civil case, a criminal case, or a federal case. Traffic courts, arraignments, and arbitration cases are NOT—REPEAT-- NOT acceptable court visits. You may complete the courthouse visitation anywhere convenient for you. (As an option, you may write about your own court experience if you were arrested or cited within the past year--all writing requirements--docket number, etc., apply--if you choose this option, you must have approval by your instructor). During your personal courthouse visitation, observe and take notes. One requirement for this paper is to interview a court official, which could include but is not limited to a court reporter, bailiff, judge, or attorney. Look elsewhere in this course outline for courts to visit. The detailed format to use when preparing this paper is explained elsewhere in this outline. You may use related textbook or lecture material to complete your paper. Samples of previously successful reports are available in my office by appointment only. Email me if you wish to set up a time to inspect reports from successful students. COURT HOUSE VISITATIONS SHOULD INCLUDE Criminal Courts, Civil Courts, or Federal Courts. Traffic court visitation is not acceptable for this assignment. You need to do only one visit.

Here are some suggested questions you should use when interviewing a court official:

� How long have you served the courts?

� Where did you go to school?

� What was your most memorable moment on the job?

� What was your most challenging moment on the job?

� How has the court system changed in the past few years?

� What recommendations would you make to students like myself who want to become educated?

� (Judge question only) How would you like to be remembered as a Judge?

Important grading criteria and content of the court visit:

15,000 points for :

Time and date of visit

Court visited

Presiding judge/identify type of case--felony, civil, etc.

Court Case number cited or docket number cited

10,000 points for:

Description of what you observed

Name and title of person interviewed

Description of the interview with the judge or other court official

3,000 points for:

Your reaction to the observation in detail

A description of what you learned

2,000 points for:

How well have you followed the above format?

No 5" by 7" white folder label? -2000 pts. 5 by 7 labels can be found at most stationery stores OR you can simply cut a piece of paper of that size and glue or tape it to the front of your report cover.

7). One required Small Claims paper--worth 10,000 points.

With this assignment you are to secure all the forms necessary to file a small claims suit against another person. You should use related textbook or lecture material within your paper.

Grading criteria and content of the Small Claims (SC) paper: (10,000 pts.)

Explain what you learned from this assignment. Then, in your own words, summarize the steps in filing a small claims suit in the Santa Clara County. Here are some questions you should answer in your paper:

� What are the legal requirements for Small Claims?

� Where does one file such an action? With whom? What hours?

� What topics does a small claims suit include?

� What is the dollar limit one can sue for?

� Can SC include real property, personal property, torts, etc.?

� What specific papers must be filed? How much does it cost to file?

� Other fees?

� Can an attorney be present at your SC appearance? Why or why not?

You need to provide samples of all necessary forms to begin the process of filing small claims action. Put the forms at the end of your paper. (1000 points)

How well have you followed the format (1000 points)

No 5 by 7 inch Cover Sheet or wrong size cover sheet? -1000 pts.

No nicely typed 5" by 7" white folder label? -1000 pts.

NOTE: you will not be expected to file a small claims suit; you will only be required to show evidence that you know how to proceed with a SC action.

8). Five Internet assignments --worth 25,000 points total (5,000 pts. each):

This assignment utilizes the Internet and World Wide Web, and each assignment will be worth a total of FOUR points EACH assignment when it is COMPLETE. Write a two full-page summary explaining what you read and your reactions to the subject matter. Agree? Disagree? Why or why not? Remember on each page identify the assignment number--i.e.,

Extra Credit/Extra Points (NOT REQUIRED--OPTIONAL FOR EXTRA CREDIT)

1). There is Student Business Law Study Guide (SEVENTH EDITION) is included in your bookstore purchase as part of your learning package. As an option, you may complete the assignments in the study guide. Complete only those chapters assigned from the list below. I will give push points for completed assignments only. Push points are defined as extra credit points given to help determine borderline evaluations for the semester grade. Extra credit assignments, and a positive attitude all receive push points or bonus points. The is a subjective evaluation by the instructor and all decisions are final. For example, if you are on the borderline regarding a semester grade, the instructor may raise your grade to the next higher grade if you have satisfactorily completed the Student Study Guide and other assignments. Research studies have concluded that students in Business Law courses do better overall when they use the student Study Guide as part of their learning experience. I highly recommend you first read the text, then, read the Study Guide chapter; next, answer the t-f, multiple-choice and short essay questions at the end of each chapter. Compare your answers with the answer key in the back of the study guide. Take the sample exams in the Study Guide when preparing for the scheduled exams in this class. At the end of the semester place a piece of scotch masking tape on the upper right hand corner of the Study Guide and write your name on the tape with a black marker and turn it in on the day of the final exam for bonus points. This STUDY GUIDE booklet should be turned in on the day of the final exam along with the Internet Assignments and the (optional) Extra Credit reports.

2). You may complete ONE extra court visitation for extra credit. You must follow the exact format of the assigned court visitation paper. You will receive 20,000 points--not 30,000-- for this paper if completed correctly. If you choose to do some extra credit work, be sure to identify it as EXTRA CREDIT and place it in a red cover sheet with a white 5 by 7 label on the outside of the folder. 5 by 7 labels are available at most stationery stores OR you can cut a piece of paper and glue it to the front of the folder. Points will be subtracted for not following directions or by placing the WRONG size label on the folder.

3). For additional extra credit (optional credit--not required) you may also read a very popular non-fiction book entitled, "Murder in Greenwich--who killed Martha Moxley?"(ISBN#0-06-109692-X). A three-page summary (one inch margins all around—top, bottom, and side-- detailing the events and what happened are required to receive extra credit for this reading option. Also, include your feelings on this book as to who you think committed the crime, what went wrong, and why things like this can be allowed to happen.

Format for Court Visit, Small Claims, and Internet Papers:

These papers must contain a minimum of two pages, double-spaced, one-inch margins all around and typewritten. (Your writing must extend onto the third page for full credit). They should be written in essay form. Only use 12 point Palatino, Geneva, Bookman or similar font. Handwritten or incomplete papers are unacceptable. Use 8 -1/2 by 11 inch paper that has a paper weight of 15 pounds or higher. These papers shall have one inch margins on the side and bottom; 1 inch margin on the top of the first page and 1 inch top margin on all succeeding pages. Always make a backup copy of your work in the unlikely event that papers get misplaced or lost.

The cover sheet can be from 14-24 font size. If your cover sheet is missing, you will lose 5,000 points. Remember: You�re doing only One folder with ONE label on the outside of the folder; however, each report inside will have a title page that says you name, my name, time of class, name of class and subject discussed. Therefore, you will turn in one folder with three separate reports placed inside. The reports placed inside will have a single title page identifying the work you have completed. You should have headers with the HTML addresses of any Internet assignment you investigated. See instructor or sample reports if you are still unclear about these requirements. All three reports should be placed in ONE folder that has been described in class. Folders not following the format outlined will LOSE points. In summary, you will have ONE folder with three completed assignments that are to fit into the one folder. IF you choose to complete an extra report like an extra court visitation, then place any extra credit work in a SEPARATE RED folder.

S A M P L E R E P O R T

Assignment Name (example: Small Claims Paper)

Your firs and last Name & student id number (circle your last name)

Business Law--day and time class meets and date of report

SUMMER 2009--T E L E C O U R S E –Business Law

Dr. K. Schock, Professor Emeritus

Note: List all html addresses as a header on the cover sheet for the Internet cover sheet only. Remember: Individual html addresses for each assignment should be placed as a header at the top of each page so that I can access the site should I choose to do so at a later time. I reserve the right to make copies of outstanding papers submitted.

Place one vertical staple parallel with the upper left-hand corner of your paper. Do not use paper clips, dog-ears, scotch tape or glue to fasten your papers together. Your support material, forms, etc. should be stapled to the back of the report. You need one major folder (any color but red) to hold the court visit, small claims, and Internet assignments. You may glue or tape a 5 by 7 inch (NOT 3 by 5) label outside the folder. This outside-the-folder label needs to list the following information:

Your Name (Circle your last name)

Business law --day and time (Your class days and time)

Court Visitation Paper__________________30,000 pts. possible

Small Claims Paper_____________________10,000 pts. possible

Internet Assignments 1-5________________25,000 pts. possible

Summer 2009—TELECOURSE

Dr. Schock, Professor Emeritus

Use a computer or word processor and make a back up COPY OF EVERYTHING YOU DO for your records. It's always a good idea to make a backup copy of all assignments you complete in the event of loss. In the event of loss, you will need to show proof that you have completed the work if any question or error arises. If for any unknown reason your paper is lost, you will need to submit a copy at the instructor's request. Additional note: PLEASE DO NOT USE THE TECHNOLOGY CENTER OR COMPUTER ROOM TO PRINT OUT MORE THAN 2 PAGES PER ASSIGNMENT. The purpose of these directions is to see if you can follow directions. Points will be deducted for those students who do not follow directions. It is smart to use a header on every page of your assignment, too. All internet assignments should especially include a header for each pager that shows the HTML address, etc.

Please get your assignments in on time--not before, not late, but on time. I strongly recommend that you not wait until the last minute to do these assignments. Start completing your assignments TODAY!! Read the textbook, take the exams, ask questions, enjoy yourself, dress casually, and have fun! ALL COURT VISITS, SMALL CLAIMS PAPER, and LAB ASSIGNMENTS are due on the last day of class before finals begin. Check your school schedule of class for the exact date. Graded papers will be held for one semester for pickup. After that time, they will be discarded.

Let's summarize what you are to do for this semester.

1. Attend orientation, take the midterm and final exams.

SHUT OFF ALL PAGES AND TELEPHONES during the orientation and during the exam periods. !!!

2. Take and pass TWO examinations (1 midterm, 1 final exam) objective;

3. Complete ONE courthouse visit and interview a court official--

4. Complete ONE small claims report

5. Complete the FIVE Internet Assignments(4 pgs.X 5 topics=20pgs.+1 cover sheet)

6. Complete the extra credit assignments if you want to increase the possibilities of raising your overall standing in class.

7. Read all assigned chapters and watch all assigned video or DVD's

FIVE Internet Assignments--the lab portion of this class:

� two full pages of your own writing--double space with 1-inch top and bottom margins.

� two pages from the site other than the first web page.

� This means you will have completed a MINIMUM of 20 pages plus ONE cover sheet in this report for full credit (4 pgs. X 5 topics plus one cover sheet and a folder to hold all items.)

The Technology Center at West Valley College has been overwhelmed nearly every semester by students who print out countless copies of unneeded and unnecessary material. Any offender caught using and abusing the printer at the Computer lab may be disallowed from further use of the lab. Please read the rules of the Computer lab when you use the facilities. ALSO NOTE: if you are having problems getting on line or doing a search, please see me first, I will be happy to help you. These are the tops you can write your Internet assignments on:

ASSIGNMENT 1: (REQUIRED ASSIGNMENT) Look up the latest rulings with respect to legal issues surrounding Immigration in America. What are the pro and con legal arguments and issues related to immigration in the United States? After you have read the legal pros and cons of this issue, tell me how you feel about it and what you would recommend as a solution to the issues.

ASSIGNMENT 2: (REQUIRED ASSIGNMENT) Look up and find answers to this question: What does it takes to get into law school? In your own words, explain how much it costs to go to law school each year, what requirements are necessary to get into law school, what the LSAT is, what is a �good� LSAT score, What is the typical range of the LSAT scores, what is meant by the terms BABY BAR and the GENERAL BAR, etc. You may choose any law school, accredited or unaccredited, Stanford, Yale, Harvard, Lincoln, Concord University (first on-line law school) or any other American Law school. Also, describe the curriculum and/or subjects that one can expect to face in law school. What grade point average is required to stay in law school?

ASSIGNMENT 3: (REQUIRED ASSIGNMENT)

Look up Capital Punishment and present PRO and CON arguments. Take a position and defend yourself. Which states still use the death penalty and what methods of execution are used in the various states. Is HANGING, electrocution, and firing squads still used in America? If so, which states? Compare and contrast the differences.

ASSIGNMENT 4: (REQUIRED ASSIGNMENT)

Look up the Federal Act, American�s with Disability Act; read the provisions and write about the local state requirements for someone to qualify for the blue plaques and what is the fine for parking illegally in one of these spots.

ASSIGNMENT 5: (REQUIRED ASSIGNMENT)

Look up PRO LIFE and PRO CHOICE; give me legal definitions and arguments pro and con including Roe v. Wade and where the courts stand currently on this issue. Also, include your opinion on both of these issues and defend your position.

Courts to visit

(Note: you may choose any other Superior Court that may be in your immediate neighborhood)

Santa Clara County Superior Court:

Civil: 191 North First Street 408-299-2974

Best days T, W, TH before 9:30 a.m. or after 1:30 p.m.

Criminal: 115 Terraine 408-299-2974

Best days-m-t or th 8:30 a.m. & after l:30 p.m.

(Check phone numbers and locations--some numbers may have changed)

Los Gatos Municipal Court

14205 Capri, Los Gatos 408-378-3227

Best days M, T, W, TH

(Check phone numbers and locations--some numbers may have changed)

CA 6th District Court of Appeals

333 W. Santa Clara Street 408-277-1004

court is in session certain days only

available for tours on the other days

US District Court

280 S. First Street 408-291-7783

(Check phone numbers and locations--some numbers may have changed

SPECIAL NOTE:

All assignments should be spell checked, proofread, and grammar checked. I reserve the right to deduct points on reports which contain misspell words and/or reveal the use of poor grammar.

Please note that I have spent several hours producing this comprehensive course syllabus which should answer most of your questions. Please read it carefully more than once and highlight important dates and requirements. After you have read this outline in detail and still have questions, please e-mail me or see me after class with your questions. Email me at [email protected] if you have any questions. If you lose your course outline, to the www.westvalley,edu and search for Dr. Schock, faculty and hook up to the corresponding links to course outlines for this semester. PLEASE NOTE: because of the airing schedule of the telecourse programs, you should lease the tapes/DVD�s since a couple of the programs will be aired after the scheduled Exam. I have NO control over the viewing schedule; therefore, you should RENT or LEASE the videos/DVD so that you can see the entire telecourse programs before taking the exam.

If you would like to know about my credentials or background, please read the West Valley College Catalogue or go to www. westvalley.edu

Have a nice, productive semester. Please feel free to visit me during my office hours if you wish to clarify any material presented in this course outline OR just say hi.

Have a productive summer.

______________

Important dates to remember:

Orientation meeting: required: MONDAY, June 15th, 2009: 5 p.m. in room BU 8. Because of the possible large enrollment in this class, the midterm exam and final may be in another room. IF this happens, you will be notified in your letter announcing your midterm examination results. Read it carefully for any room changes.

MIDTERM : MONDAY, July 6^th, 2009--5 p.m. until 6:45 p.m. BU8. Chapters 1-14 (Miller and Jentz--8th edition) and all video presentation PROGRAMS-- 1-14. Closed book examination. For both examinations, bring a scantron 882 and a No. 2 pencil to the exam. (available at the WVC bookstore).

FINAL EXAM—MONDAY, JULY 20th 2009--5:00 p.m.--6:45 p.m. Bu 8 or another room depending on the size of the class. Miller's book--Business Law Today--8th Edition--Read only these chapters: Chapters 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 31, 32, 33, 34, 35, 36, 37, and 38 and video presentations 15-30. Exam is in BUS 8 unless told otherwise. PLEASE BE ON TIME!! No makeups!

Note: NO papers or reports are due on midterm! All papers and reports are due on the day of the final exam. This is a closed book Examination.

Grading methodology--Summary

EXAMINATIONS:

Examinations will be taken in class and are closed book.

Midterm Examination 40,000 pts. (400X100Q)

Final Examination 40,000 pts. (400X100Q)

Small Claims report 10,000 pts. Required

Court visit paper 30,000 pts. Required

Computer Lab assignments--approx. 20,000 pts. Required Total possible 140,000 pts.

65 percent of your semester grade will be based on the midterm and final exam. The other 35 percent will account for the Small Claims report, courthouse visitation, and computer assignments.

Bonus Assignment NO. 1: Extra Court Visitation: 20,000 pts. Optional--extra credit

Bonus Assignment NO. 2—MarthaMoxley.com—read the book by Mark Fuhrman—Murder in Greenwich (see below for ISBN Number). 10,000 pts. Possible. Follow format as in other reports. OPTIONAL--NOT REQUIRED.

Your semester grade will be based on the following: A MODIFIED class curve method will be used based on the bell shaped curve of 10 percent for As, 20 percent for B�s, 40 percent for C�s , 20 percent for D�s, and 10 percent for F�s. Optional EXTRA CREDIT assignments must have a RED cover; the outside label should have the words EXTRA CREDIT on the cover. Remember that 65 percent of the semester grade will be based on your two exam scores. If you elect to do the extra credit assignments ( extra court visit and the reading of a paperback listed below can earn you extra points that will be assigned to your examination scores, which can help raise your grade). Here is the paperback book you should read if you find the time and wish to earn extra credit. The name of the book is MURDER IN GREENWICH--Who Killed Martha Moxley--by Mark Fuhrman; ISBN # 0-06-109692-X. You will need to write a two-page summary using a 1 inch top and 1 inch side and bottom margins on all pages. Double space your work and make a cover sheet and place all extra credit in a red folder, avoiding binders and plastic cover sheets.

Review of the guidelines for completing the papers and court room visitation

1. Carefully follow directions. E-mail me if you have questions. You will lose points for NOT following directions. It's as simple as that!!! Ask questions or e-mail me if you do not understand or need clarification on something.

TALKING is NOT allowed while court is in session;

therefore, please be quiet and attentive during court visitations; you are a guest; metal detectors are everywhere; do not bring fingernail files, etc.

3. Please act accordingly. Turn off all cell phones and pagers when making a court visitation. The court visitation must be either Criminal, Civil, or Federal. Attending a Small Claims Court action is NOT acceptable; Attending family court is not acceptable. ARRAIGNMENTS ARE NOT ACCEPTABLE FOR A COURTHOUSE VISIT. Reporting on a case you attended more than a year ago is NOT acceptable. Reporting on a case that you were involved within the previous year is acceptable. All requirements including docket numbers, etc. are still required. If you were arrested and went to court in the past year (traffic tickets are infractions and are therefore not acceptable)and want to discuss your case in lieu of a court visitation, you may do so, but you must include all the necessary material in your report, i.e, court docket or case number, date of trial, etc.

1. Turn in the completed projects on time--not before, not after, but on time. ALL COURT VISITS, LAB ASSIGNMENTS, AND SMALL CLAIMS COURT PAPERS ARE DUE ON the day of the final exam-- Sorry, NO EXCEPTIONS! Each report--there are three-- must have a title or cover sheet if you wish to receive full credit. Samples of successfully completed reports are in my office for you to exam; make an appointment if you wish to see some of these completed reports.

Midterm Business Law Telecourse Study Notes—Summer 2009--Dr. Schock

Terms and topics you can expect to see on the Midterm Telecourse Exam

STARE DECISIS

�judicial review�

social contract theory

amoral institutions

nonconsequential theory of ethics

Immanuel Kant

Fifth and Fourteenth Amendment to the US Constitution

ultra vires

laissez faire

bill of attainer

Habeas corpus

Strict liability

law of negligence

Conversion

Res judicata

VOIR DIRE

Larceny

Larceny by trick

Quasi-contracts

unilateral contract

bilateral contract

mailbox rule

doctrine of unconscionability

objective theory of contracts

consideration

breach of contract

Preview of coming attractions: TV Law Final--New—Summer 2009--Dr. Schock

The following items are guaranteed to show up on your final exam:

1. Definition of goods

2. Title and insurable interest.

3. Sale on approval contracts.

4. Void and voidable title.

5. Express and Implied Warranties.

6. Puffing--what is it? Is it legal?

7. Merchantable goods--what are they?

8. Merchant-nonmerchant status--what are the differences?

9. Magnuson-Moss Warranty Act

10. Full Warranty--what is it?

11. Drawer, holder, drawee, maker, etc.

12. Stale check--what it is?

13. HDC--Holder in Due Course--requirements

14. Electronic Transfer Act--provisions

15. Mechanics lien, innkeeper's lien, etc.

16. Personal property v. real property--legal differences

17. Adverse possession--elements and rights

18. Bailor-bailee relationships

19. Quitclaim deed

20. Agency requirements

21. Who can be an agent?

22. Disclosed principal and undisclosed principal

23. Ultra Vires-what is it?

24. Elements of a Sole Proprietorship, partnership and corporation

25. Issues surrounding limited partnerships

26. How is the Board of Directors selected?

27. Escheat and Eminent Domain issues

28. What is a close corporation?

29. Business Judgment rule?

30. SEC--what is it and why was it created?

31. What is meant by the words "illegal per se"?

32. What is a tying arrangement?

33. Taft Hartley Act, Langrum-Griffin Act.

34. Civil Rights Act of 1964--provisions

35. Landlord/tenant issues--terminating a lease, for example.

36. What is an insurable interest?

37. What is a will and a trust? How do they differ?

38. What is the principle of Comity?

39. Personal property examples

40. Community property issues

41. EEOC--what is it and what are the functions?

42. That's it--if you carefully study the above terms, issues, and concepts, you should do well on the exam.

Read the next three pages for additional instructions regarding the leasing of video tapes for this telecourse, rules and regulations regarding leasing of tapes, plus the times the shows are aired.

Check out my website under www.westvalley. edu

Press exhibit

Go to Instructor's instructional page--Schock

Look at the course outline for the Business Law 28 TELECOURSE.

You may also look at the Instructor's personal page, which reveals his credentials, hobbies, and goals.

Here are some SAMPLE questions from previous MIDTERM Exams:

(I may or may not use them again)

Multiple-choice questions--choose the best one answer:

6. A legal system needs to be:

a. reasonable, critical, flexible, and final.

b. unreasonable, unchanging, flexible, and final.

c. immemorial, practical, published, ethical, and final.

d. reasonable, practical, flexible, published, and final.

7. Even though there is a general rule of STARE DECISIS, in some situations a court may decide to change or modify a precedent. What would be an acceptable reason for doing so?

a. The prior rule is out of date and not appropriate to present- day society.

b. the prior case is distinguishable because the facts are different in one or more significant details.

c. Sometimes (if rarely) the court that made the ruling was incorrect or wrong.

d. All of the above.

e. A and B only.

8. Why does one study the law of business?

a. In order to understand the legal implications of one�s business transactions.

b. In order to become a more knowledgeable consumer.

c. In order to develop valuable decision-making skills.

d. All of the above.

e. A and C only.

9. In the civil law legal system:

a. there is both common law and statutory law, and judges have the power to make the law.

b. there is statutory law but not common law, and judges do not make the law.

c. there is common law but not statutory law, and judges have the power to make the law.

d. there is statutory law but not common law, and judges have the power to make the law.

e. C and D.

10. Studies reflect that over 90 percent of all lawsuits NEVER go to trial. What aspect(s) of the legal system contribute(s) to this fact?

a. Settlement.

b. Plea Bargaining.

c. Res judicata.

d. Both (a) and (b).

e. Res Ipsa Loquitur

Here are some examples of previous FINAL EXAM QUESTIONS:

Directions: Choose the best answer for each of the following:

1. In legal terms, goods are best defined as:

a. marketable products for which there is public demand.

b. anything that the seller is willing to trade for money.

c. things that are movable at the time they are identified in the contract.

d. anything that does not fall under the heading of "services."

2. The term title is most closed related to:

a. insurable interest.

b. legal ownership.

c. attachment of goods.

d. freedom from risk of loss.

3. Williams purchases goods from Kelly Mercantile on a ten-day sale-on- approval contract. Williams will be viewed as accepting the goods and will be obligated to pay the full contract price IF:

a. she uses them.

b. she finds that the goods conform fully to the contract.

c. she keeps the goods for the full ten days without rejecting them.

d. she subjects the goods to unreasonable usage.

4. While dining at Grandma's Olde Time Restaurant, Fenster chokes on a fragment of chicken bone found in the chicken and dumplings. If the state in which Grandma's is located applied both the foreign-natural and the reasonable-expectation tests, which of the following is most likely the outcome?

a. Grandma's dish will not pass either test.

b. Grandma's dish will pass the reasonable-expectations test, but not the foreign-natural test.

c. Grandma's dish will pass the foreign-natural test, but results of the reasonable test is uncertain.

d. Grandma had better sell her restaurant and hire a lawyer.

e. None of the above.

5. Norwich takes delivery of an expensive chain saw that is badly scratched, though the defect does not affect the operation of the saw in any way. Norwich does not want to bother having the saw replaced, so he phones the store to say he will keep it, but is deducting $20 from the payment because of the defect. If the store objects, which of the following is Norwich legally entitled to do?

a. Norwich can still deduct the money, regardless of the objection; the seller has clearly breached the contract.

b. Norwich cannot deduct the money if the seller objects, though he can sue for damages if the seller refuses to fix the problem.

c. Even if the seller refuses to cure the defect, Norwich has no real recourse open at this point; he can neigther deduct the money nor sue.

d. Norwich could sue for compensatory damages.

6. Dick steals Jane's watch and later sells the watch to Sally. Jane can recover the watch from Sally

a. under any circumstances.

b. only if Sally knew that the watch was stolen.

c. only if Sally did not know that the watch was stolen.

d. only if Sally gave legally sufficient consideration for the watch.

7. A seller has a voidable title if the goods that he or she is selling were

a. obtained by fraud.

b. paid for with a check that was later dishonored.

c. purchased on credit when the seller was insolvent.

d. all of the above.

8. Fran leaves a pair of recently purchased shoes at a shoe store so that they might be dyed for a wedding. The shoe store accidentally sells Fran's shoes to Jan, who has no knowledge that the shoes belong to someone else. Fran can recover from:

a. Jan for the return of the shoes but she cannot recover from the shoe store because it made an honest mistake.

b. the shoe store for the purchase price of the shoes but cannot recover from Jan because she had no knowledge that the shoes were owned by Fran.

c. both the shoe store and Jan.

d. none of the above.

9. Chris in New York purchases chocolate from Sweet Candies in Los Angeles. The parties agree that Sweet will bear the risk of loss while the goods are in transit. The chocolate is destroyed near Chicago while aboard a carrier. The loss is suffered by

a. Chris.

b. Sweet.

c. the carrier.

d. both a and b.

Read the next three pages for additional instructions regarding the leasing of video tapes for this telecourse, rules and regulations regarding leasing of tapes, plus the times the shows are aired.

To check out my website under www.westvalley. edu

Press exhibit

Go to Instructor's instructional page--Schock

Look at the course outline for the Business Law 28 TELECOURSE.

You may also look at the Instructor's personal page, which reveals his

credentials, hobbies, and goals.

Assumptions about the learning process:

About you as learners.......

1. You are here because you want to learn.

2. You are open to new experiences and ideas.

3. You are like no other person in that you may have diversity in terms of background, perspectives, ages, profession, ethnicity, etc.

4. You have valuable experience, expertise, and special needs.

5. You will participate in class and be involved.

6. You are willing to study and to be flexible regarding assignments.

7. You are willing to complete the requested assignments.

About the class as a whole......

1. We are a learning community.

2. We are resources to each other--each of us has special skills or knowledge that another person in class may not have.

3. Our collective thinking enhances the quality of our individual thinking.

4. We respect each other's differences, failures, and successes.

About my role as instructor........

1. I am interested in facilitating learning.

2. I operate on the assumption that learning is an active process and our job is to engage you in a collaborative learning process, not to make you learn.

3. The purpose of studying this subject is the expansion of understanding of the range of alternatives available to use as a decision-maker and implementer of action.

4. I am not interested in pushing for complete consensus--I respect the fact that each of you has opinions, but opinions should be backed up with facts.

5. I respect the fact that you may have a varied expertise.

6. I may switch roles, sometimes as a content expert; other times as a process observer.

7. I will choose the material for study but leave it up to you to learn it.

8. I intend to honor differences among you realizing that some concepts are new to some and old to others.

9. I assume you will respect my position as instructor and will be

supportive in terms of reaching our mutual goals in the course.

------------------------------

Emergency Information--West Valley College Classes

In the event of the following situations, the West Valley College Safety

Committee requests that you follow the directions below:

FIRE ALARM OR EVACULATION NOTICE

If the fire alarm sounds in the building OR an evacuation is requested by an administrator OR Campus Police, follow your instructor to the designated assembly area (see maps at the back of each classroom). Take your VALUABLES with you. After your instructor checks that all students are accounted for and the official "ALL CLEAR" is given, you will be instructed when to leave the area.

The nearest fire alarm is near the Business Division Office.

The nearest Fire Extinguisher is in the Business Division Office.

Call 911 to report a fire before you attempt to put it out.

Inform the division or department secretary that 911 has been called and where the emergency is located.

EARTHQUAKES

If an earthquake occurs, immediately take cover under a sturdy desk, table, or other furniture OR

Drop to the floor, fold arms on floor close to your knees and bury face in arms.

Move away from windows and wall shelves and heavy equipment.

Do NOT run outside during the shaking--you may fall and be injured.

EVENING SAFETY ESCORTS

Escorts are available from 4-10 p.m. Monday--Thursday at NO COST during the Fall and Spring semesters. Call the District Police Office at 741-2092 to arrange an escort.

INJURY OR ILLNESS

If you or someone is injured or ill while on campus, immediately contact the Student Health Center at 741-2222 or call 911 if the injury or illness appears to be life threatening.

Student Health Emergency Line: Ext. 222. Call for First Aid assistance.

Life Threatening Emergencies like heart attacks, strokes, etc., call 911

From the college offices, dial (9); then, 911.

MAJOR DISASTER

A Command Center will be set up at the Campus Center in the event of a major disaster when phones may not be working and outside assistance is not readily available. A representative of your building or class should be sent to report problems or injuries. Email me if you have questions; [email protected]