Dr. K. Schock, CHAIR, Business Administration, Real Estate                                  

West Valley College—Office C in Business—

Office Hours:  (T/TH & MW-- 8:15—9:15 a.m., Chat room or email and  by appointment)

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

E-mail address : schockme@justice.com   (In the Subject line please state the following: WVC Student-law lecture—Day and time of class)

This is a 3 unit course with a computer Internet laboratory requirement of 1.5 hours weekly by arrangement (satisfied by the Internet assignments)

Chat room will be announced or you can Email me above.  I usually reply very promptly.

 

 

Welcome to this LECTURE CLASS in Business Law.   

 

Your law instructor for this semester is:  Dr. Schock,  who is Chair of the Business Department, which includes Business Administration and Real Estate.

 

Dr. Schock's  contact e-mail address is as follows:  schockme@justice.com (say in subject line: WVC law lecture) Telephone 408- 741-2447; His Office (C)  hours are Mondays & Wednesdays-- 12:30 pm—1 p.m., TTH 9:30 a.m.—10:30 a.m. and by appointment–Office—Business Division office C.  His  email address is schockme@justice.com

 

IMPORTANT INFORMATION:  Whenever you email Dr. Schock,  be sure to say in the subject line:   BUS law lecture 28  th or mw:  in the email  message say your full name, the class you're enrolled in and your question.  (Dr. Schock has several lecture and TV courses  and  may be off campus  and it would be helpful if  you identify yourself).  If you do not hear from him within 72 hours, you should call    and leave a message at 408-741-2447.  Leave your phone number with area code twice; cell phones often break up and we may not completely hear the number; speak slowly and clearly; ALSO, please add Dr. Schock's email address to your address book; otherwise, he may not be able to respond to you because you may have a spam filter, which will block his return email or call.  

 

I.    Basic Information—Welcome to Business Law. 

 

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 lectures, case studies, group activities, video presentations, chalk board and overhead presentations, the student will learn the following basic legal topics and reasoning skills 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

-    Cyber law 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 student learning outcomes:

          

            Course objectives are designed so that you will obtain a basic understanding of business law within the legal environment and be able to use this knowledge and make important choices and decisions in your personal and professional life.  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.

  

A. Student Evaluation Procedure:

 

            SEVENTY (75 %) percent of your semester grade will be based on the total of three objective exams--two midterms and one final exam.  Each exam will consist of 100 multiple-choice questions (400 pts. each for a total possible of 40,000 pts. for each examination and a combined class curve will be used to assign grades); the exam will be based on lectures, textbook reading assignments, and video presentations. As mentioned above, a class curve method from the combined lecture sections is used to establish your grade on these three examinations.  For example, 10 percent of the highest scores from all class sections 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 might 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.   After  you take each examination, you should tell no one of the questions on the exam you take because it could lower your grade overall because the exams are based on how well you did in comparison with your student peers.   You cannot hope to earn an A for the semester unless you complete all of the research papers course requirements listed below.

 

The remaining 25 percent of your semester grade will be based on  REQUIRED in-class and out-of-class assignments, which include the following:

-    Required Courthouse visitation; + or - given

-    Required Small claims court paper: + or - given

-    Required 5 Internet assignments—+ or – given for each assignment   

-    Attendance, puzzles, and video quizzes; + or – given for each assignment 

 

 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. Dr. Schock will not drop you; that is YOUR responsibility.  The last day to drop semester length classes without a W is  February 14, 2008.

  

D. Required Textbook:

           

The required textbook is BUSINESS LAW TODAY/Text and Summarized Cases by Roger LeRoy Miller and Gaylord A. Jentz—E I G H T H    EDITION.   (DO NOT USE earlier editions) 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 highly recommended Study Guide (EIGHTH  EDITION) that accompanies this textbook. Using the  Study Guide is highly recommended and  Bonus points  will be awarded to those who complete all corresponding assigned chapter Study Guide sections t-f, multiple-choice, fill in the blanks, issue spotters, and short essay questions.  Remember, everything completed is based on a point structure, which can affect your grade.

 

PLEASE NOTE:  TURN OFF your pagers and cell phones during lectures, video presentations, and examinations.  No electronic or handheld dictionaries or electronic messaging will be allowed during the examination.  Hats, caps, and sunglasses also are not allowed during any examination period.  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.  Call 408-2200, press zero for the operator and ask to be connected to Mr.  Mike Scalletta.

 

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 the  last day  the class meets before the final examination.  Briefs are due on a weekly basis; do not wait until the end of the semester to turn all the briefs; they will not be accepted.

 

1). Attendance and participation COUNTS!  Attendance for the semester will be worth 72,000 points. (18 weeks X 2,000=36 X 2 pts. for each day=72,000 pts.)  This score will be computed within the 25 percent category of the overall semester evaluation.  Attendance is taken during the FIRST FIVE MINUTES OF CLASS.  If you arrive late to class, sorry, you will not be counted as present.  Since it generally is held and valued in the business world that people be prompt, it shall apply to this class. Two thousand points will be deducted for each class missed and one point deducted for coming to class late. You will be marked absent if you arrive late to class and do not see the instructor or sign the attendance sheet. Once you have enrolled in the class, you have formed a contract with me to continue with the class until the end of the semester.  Not continuing the class is a breach of contract unless you officially withdraw from class through the Admissions and Records process no later than April 27, 2007.   You must drop the class; Dr. Schock will NOT drop you.  INC's (I-Fs) are given to students who miss the final exam for ANY reason.

 

2).  Remember this: there will be three OBJECTIVE multiple-choice examinations. Each exam is worth 40,000 points; 400 pts each question times 100 equals 40,000 points possible.  (Exams account for 75 percent of your semester grade). On the day of the exams you will need a NO. 882-ES Scantron form and #2 pencil.  Sample exam questions appear at the end of this course syllabus and an Examination Study Guide will be given to students a week before exam day.   Please do not miss the scheduled exam; Dr. Schock does NOT give makeup examinations.

 

3).  When there is a video presentation in class, you will often receive an activity quiz questionnaire which is to be completed as you watch the video and turned in after the presentation.  It will be counted as a quiz.  If you miss class when a video quiz is presented, there is NO way to make it up.  Dr. Schock has allowed four absences or missed quizzes a semester, which should not cause any major consequence in this portion of your semester grade.

 

4). You may receive three or four study guide or sample crossword style quiz puzzles, which are to be turned in on the date the instructor assigns.

 

5). There will be OPTIONAL weekly short case briefs assigned based on textbook reading assignments.   Each completed case brief is given a + or a - and is part of the 25-percentage  factor of your semester grade.     OPTIONAL   Briefs are due the last day we meet during the week. Each optional case brief is tied specifically to the respective chapters of the textbook and is intended to enable you to better understand the finer and more complex points of law. For your reference on how to do a case brief, a sample case brief and blank brief outline can be  found later in this course syllabus. Dr. Schock prefers you use the firac case brief (FIRAC METHOD)(Facts, Issue, Rule of Law, Analysis, and Conclusion)  sample outline I've presented later in this outline.  NOTE:  THE BRIEFS ARE OPTIONAL ASSIGNMENTS AND WILL BE EVALUATED AT THE END OF THE SEMESTER AS EXTRA CREDIT ASSIGNMENTS.  DO NOT WAIT UNTIL  THE END OF THE SEMESTER TO TURN IN ALL THE BRIEFS; THEY WILL NOT BE ACCEPTED.   You are to complete and turn in  the briefs EACH week.  AGAIN, this is an optional assignment and is not required.

6). There is One REQUIRED Courthouse Visitation Paper ; + or - assigned. 

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--are usually 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 in a civil action or a felony conviction--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 the various courts to visit. The detailed format to use for 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 during office hours.

 

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:

 

+ or – issued for  :

Time and date of visit

                  Court visited

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

                  Court Case No. or docket No.  must be cited

+ or – issued for:

                  Description of what you observed

                        Name and title of person interviewed

                  Description of the interview with the judge or other court official

 

+ or – issued for:

                  Your reaction to the observation in detail

                  A description of what you learned

+ or – issued for:

                        How well  have you followed the above format?

                        No 5" by 7" white folder label? -5 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: + or - issued.

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:

 

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 ALSO  need to provide samples of all necessary forms to begin the process of filing small claims action. These forms are FREE of charge and may be picked up at most Muncipal Court systems or on the Internet.  Put the forms at the end of your paper. (+ or -)

 

How well  have you followed the format (+ or -)?

      No 5 by 7 inch Cover Sheet LABEL (long side should be parallel with the top of the folder)  or wrong size cover sheet + or -.

      No nicely typed 5" by 7" white folder label? + or -.

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 file a SC action.

 

   8). Five Internet assignments: + or -, + or -, + or -, + or -, + or – assigned)

These required assignments utilize the Internet and World Wide Web, and each assignment will be a + or a - when it is COMPLETE or INCOMPLETE. 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.,

EXAMPLE ONLY;  Assignment #1--Sexual Harassment--identify HTML address. With each Internet assignment you are to print out one page from the web site used and attach it to the back of the assignment. Use related textbook or lecture material within your paper.

 

Note: This assignment satisfies the laboratory requirement for 1.5 hrs. weekly by arrangement.

 

NOTE:  contrary to some students' beliefs, he reads ALL papers andprojects.

 

Extra Credit/Extra Points

 

1).  On the second or third week  of class you will be given a name tent that has a stamp on the back of it. If you retain the same card until the end of the semester and turn it in, you will receive + or -.

 

2). There is a Student Study Guide 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. Dr. Schock will give push points (extra +s) for completed assignments only. Push points are defined as extra credit points given to help determine borderline evaluations for the semester grade.  Class participation, extra credit assignments, and a positive attitude all receive push points.  This  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 completed the Student Study Guide.  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. Dr. Schock  highly recommends you first read the text, then, read the Study Guide chapter; next,  answer the questions at the end of each chapter.  Compare  your answers with the answer key in the back of each chapter in the Study Guide. You should test yourself by taking 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.   Your STUDY GUIDE  is the ONLY assignment you may turn in on the day of the final exam.   Put your name on the OUTSIDE OF THE STUDY GUIDE.

 

3). 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 a + or – and EXTRA CREDIT will be noted by your name.  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 (NOT 3 by 5)  on the outside of the folder(the 5 inch portion should be parallel to the bottom of the folder). Ask if you're not sure or see samples in my office.   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.

 

4). For additional extra credit you may also read a very popular non-fiction book entitled, "Murder in Greenwich--who killed Martha Moxley?"(ISBN#0-06-109692-X).   (+ or - issued). A three-page summary 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 which 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:

 

All of the above papers (Court visit, Small Claims, and Internet Papers) must contain a minimum of two pages of your own evaluation which is double-spaced, and typewritten on a word processor. (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. All pages should be double-spaced and have 1 inch margins all around) Use 10-12 font style for completing your assignments.

 

The cover sheet can be from 14-24 font size. If your cover sheet is missing, you will lose points. The cover sheet and the label for the folder should be typed. One cover sheet is needed for all 5 Internet assignments, and the cover sheet needs to contain the following for full credit:  You will be completing a total of three stapled reports—(1) court visit, (2) small claims paper, (3) Internet paper that will be stapled individually with a cover sheet and then placed in ONE folder.  All papers should be placed in a folder that has been described in class.  Folders not following the format outlined will LOSE points.  Remember, you are doing three reports with three cover sheets for each subject that will be stapled individually to each report and then all three reports are placed into ONE folder.  If you elect to complete extra credit work, it must be done in the same manner and placed in a RED folder.

 

S A M P L E      cover sheet for Small Claims

 

Assignment Name: (Small Claims Paper)

PRINT Your Name      (& circle your last name)

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

SPRING 2008

Grade issued:  + or -

Dr. K. Schock

 

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 Dr. Schock can access the site should he choose to do so at a later time.  He reserves the right to make copies of outstanding papers submitted for the benefit of future classes.

 

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 ONE 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_________________ (+ or - assigned)

            Small Claims Paper_____________________(+ or - assigned)

            Internet Assignments 1-5________________(+ or - assigned)

            SPRING 2008

 

IMPORTANT NOTE:  PLEASE use your computer or your word processor and make a back-up COPY OF EVERYTHING YOU DO for your records.  It's a good idea to make a backup copy of all briefs you complete in the very rare event the lab aide or I fail to record it.  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.

 

THIS IS IMPORTANT; Please turn your assignments in on time--not before, not late, but on time.  Dr. Schock strongly recommends that you NOT  wait until the last minute or week to complete 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 OR as modified by your instructor. Check your school schedule of class for the exact date. Graded papers will be held for 1/2 of the following semester for pickup.  After that time, they will be discarded.  PLEASE  DO NOT EMAIL   YOUR PAPERS AS ATTACHMENTS.   They will not be accepted. Hard copies only are acceptable.

 

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

 

1.  Attend class and take notes. Special note:  It has been Dr. Schock's  experience   that some students come to class late and leave early.  Because of this possible issue and the fact that is disrupts class,  I reserve the right to         assign everyone with a point value of 10,000 points and deductions will be made if, in the opinion of the instructor, the student is coming to class         late or leaving early.  SHUT OFF ALL PAGERS AND TELEPHONES during lectures!!!

2.  Take and pass three examinations (2 midterms, 1 final exam) objective; 400 pts each for a total of 40,000 points possible for EACH examination. These exams represent 75 percent of your semester grade.  Class curve method used for its statistical fairness to all students.

3.  Complete the video/class activities sheets.

4.  Complete the puzzles and quizzes.

5.  If you wish extra credit, Complete the short case briefs.

6.  Complete the courthouse visit and interview a court official—+ or -

7.  Complete the small claims report + or -.

8.  Complete the FIVE Internet Assignments  (1) + or -, (2) +or -, (3) + or -, (4) + or -, (5) + or -.

9.  Complete the extra credit assignments.

 

Here's how you should  complete the brief textbook cases for full credit using what Dr. Schock calls the  F-IRAC METHOD (facts, issues, rule of law, application, and decision)

 

Briefing a case is really EASY if  you have read the case.   You simply make a brief written summary or abstract of the case in your own words, which a lawyer could submit to the court on behalf of his or her client. Learning to brief cases properly serves two purposes:  It encourages the student to read the case more thoroughly and carefully because he/she has to go back and dig out the essentials, organize them and state them in his/her own words.

It gives the student a permanent condensed written record of each case, which can be placed in a notebook for further reference.   Please make electronic backup copies of all work you complete for class. 

 

Cardinal Rules in constructing excellent OPTIONAL  briefs: (NOT REQUIRED but is recommended  if you're serious about learning how to brief cases or if you are considering law as a career)

 

Don't try to brief the case until you have read it through the first time.

Write the brief in your own words- just don't copy parts of the opinion.

Organize your briefs- put in all the essential matters in logical order, but be as concise as you can.  There are five (5) parts to every briefing.  FIRAC (facts, issues, rule, application, and conclusion)

1. Report the FACTS of the case (as a minimum, five statements are required for this section of the brief if you wish to receive credit.

2. What are the ISSUES of the case?  (one simple question)

3. What is the RULE of law?  (one statement)

4. What is the APPLICATION of the law? (five complete statements are required as a minimum)

5. What was the CONCLUSION of the court?  (one statement)

 

FACTS: Include what happened to the parties (who did what to whom) who brought the suit and what sort of action it was, what the defense was, what happened to the controversy up to the time it reached this court. Statement of fact should also include what happened in the lower (trial court) and how the case came to this court and the asserted errors.  Legal Issue(s):Include a statement as an indication of the precise points the court passed on in deciding the case. State as a one-sentence question answerable only by "yes" or "no". For example; "Is Brown (the appellant) liable to Arnold (the appellee) for breach of the contract made between them based on her anticipatory repudiation on July 25, 1976?  You should have at least FIVE STATEMENTS or more OF FACTS in this category.

 

ISSUE:  What is the main issue?  One statement in the form of a question is acceptable.

 

APPLICATION, RATIONALE, AND ANALYSIS OF THE PRESIDING COURT:

How is it applied in this case?  This is the WHY  portion of the case.  Why the person would win or lose.  YOU BE the JUDGE and tell me how you think the court would decide this case. In other words, how would YOU decide if you were the court in this case? You should have at least 5 statements in this area if you want to receive credit. 

 

CONCLUSION; Decision, or Holding: Include the holding reached by the present court. It should be AFFIRMED, REMANDED, GUILTY AS CHARGED, OR NOT GUILTY AS CHARGED.  Be sure to state which party won (decision for whom?)  One statement is satisfactory.  You be the judge.

Please use this as your guide when completing assigned briefs:

  

 

Sample Case Brief-- A review—Optional                  

 

Student Name__(circle last name)_____

Circle Class meeting time: TU-TH 9 a.m.

SCORE______________

NOTE:  FIRAC method:  Facts, Issues, Rule of law, Application of the law, and Conclusion)  you must respond to all of these items to receive credit for your brief) .

 

FACTS--Brief description of the facts only. (Minimum of five complete statements is required for credit.)

 

ISSUE--What is the primary issue in this case? (Usually asked in question form--one question is satisfactory)

 

RULE OF  LAW: (usually found in the chapter reading assignment)  One statement is all that is necessary.

 

APPLICATION, RATIONALE, AND ANALYSIS OF THE PRESIDING COURT:

Includes the  "why" the court ruled the way it did- IT IS THE REASONING  of the court. Try to sift out the thinking of the court in the writing of their opinion.  Reword the language of the court in your own language.)  This is perhaps the most important part of the brief.  (five statements necessary for FULL credit.  Any less than five partial credit will be given).

 

CONCLUSION: AFFIRMED, REMANDED, ETC.  (one statement is all that is necessary)

 

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

 

Sample Case Brief**                         Student  Name: Mr. Ican Doit

            EXAMPLE                                         Class meets: T-TH 9 a.m.--10: 30 a.m.

 

Type of Case: Case 2.9 Duty to Consumers-                  SCORE______________

You will be using what is called the FIRAC method (FACTS, ISSUE, RULE OF LAW, APPLICATION, AND CONCLUSION) when briefing cases. 

What are the FACTS of the case.

 

FACTS:  This is a case about the Seven-up Bottling Company.  As part of a marketing scheme Seven-up placed two glass bottles of Like  Cola on the front entrance of the Gruenemeir residence.  Their son, Russell began playing with the bottles, fell, and the bottle broke cutting his right eye and later he lost his eyesight.  The parent sued Seven-up claiming that the damage to Russell was due to negligence. Seven should not have placed glass bottles in the reach of children who might become injured.  The firm should have used plastic bottles in its marketing scheme.

 

ISSUE: Should Seven-Up be held responsible for the boy's injuries?  Why or why not?

 

RULE of LAW-- Products that are not inherently or potentially dangerous means that a manufacturer could be found to be negligent for marketing its product in glass bottles. Liability of the manufacturer or supplier must be  negligent in  that a reasonable person would not exercise under similar circumstances.

 

APPLICATION, RATIONALE, AND ANALYSIS OF THE PRESIDING COURT:

The answer is NO.  The  glass bottle is not an inherently dangerous product. The Supreme Court of Nebraska found that Seven-up was not negligent in placing the bottles on the entrance of Gruenemeier’s residence.  Glass bottles are commonly found in every household.  I would argue that the court would find in favor of the bottling company.

 

CONCLUSION:  Decision for Seven-up Bottling Company.

_______________________

 

 

Student Notes: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Brief** SHELL--YOUR first and circle last Name: ___________________________

            EXAMPLE                                         Class meets: T-TH_______ a.m.

                                                                                    MW______

Type of Case: ______________                   SCORE______________

 

FACTS: 

 

 

 

 

 

ISSUE:

 

 

 

RULE of LAW--

 

 

 

 

 

APPLICATION, RATIONALE, AND ANALYSIS OF THE PRESIDING COURT:

 

 

 

 

 

 

 

 

 

CONCLUSION:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ADDITIONAL INFORMATION REGARDING YOUR  INTERNET ASSIGNMENTS

 

Directions for accessing the WVC Technology Center:

 

If you don't have access to the Internet at home or elsewhere, you will need to secure a computer lab card, which may be purchased at the College Bookstore for a  small fee.  Present the receipt to the computer lab and they will issue you a lab card.  Please follow all rules and regulations of the Technology Center.  Do NOT--REPEAT--do not make multiple copies of documents or class assignments. Check with the lab regarding hours and times the lab is open.

 

Access the WEB  with your Macintosh Computer in the following way:

 

1.  Press the square button:  it's located in the upper right of the keyboard.....allow for boot up time for the computer to get set.

2.  Disinfectant sign will appear--click on QUIT.

3.  For students with little or no computer experience, please complete the Macintosh Tutorial; Part 1 and Part 2.

            A.  Open Tutorial by doing this:  Click on the question Mark ? located on the upper right hand side of the screen.

            B.  Hold mouse key down and move highlighted area down to Macintosh Tutorial, release mouse button and begin reading and     following Tutorial directions:

4.  Internet Search Project:

            A.  To open Netscape Navigator click on---Example Mac 208, the hard disk drive.

            B.  Double click on Netscape Navigator.

            C.  Double click on Netscape Navigator in the Navigator menu.

            D.  Click/hold and highlight the portion of the location address that you want to change.  Enter the address  you want and press the return key on the keyboard.

            Example: http://altavista.digital. com/   click on Simple Search, this search engine will then search by subject.  Type in your subject before Submit.   Example: Torts or Agency.

            I recommend that you use the YAHOO or similar search engines.  You can access Yahoo by typing in the following and hit return:

                        http://search.yahoo.com/bin/search/options

                        Next; enter the word or item you are looking for.  Example,  U. S. Supreme Court Rulings might be a subject you want to search or check out.

 

To Print: PRINT ONLY TWO PAGES from the website; do not print the website first page per se.  Print something worth reading.   To accomplish this task, click on the Printer box, top menu bar and at the print command module.  Type in from: 1 to: 1 and press print. Do not print more than one page of any document.  We prefer you save your work to disk and print the material on your own printer or use one of the printers available at the local discount stores located throughout the Santa Clara Valley area.  Using one full page, summarize what  you discovered at the Website.  Do less than two page and you lose points.

 

To end or quit what you are doing: close all files by clicking on the little box, upper left hand corner.  Click on special, top menu bar, hold mouse key down and move down to Shut Down.  Release mouse key.  Computer should shut  down.

 

NOTE:  when accessing an Internet site, please note that you must type the address EXACTLY as stated.  If you misspell an entry, it will come up as an error.  Please check your site locations before you search for the document.

 

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

 

-    TWO full pages of your own writing--double space with 1 inch top, side,  and 1Ó bottom margins. If you have LESS THAN 1 inch bottom margins, you may lose points.

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

-    this means you will have a total of 20 pages (5X 5=5 +s or -s) in this report if you wish to receive full credit for this assignment.

 

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. The following research Internet topics are as follows:

 

ASSIGNMENT 1: (REQUIRED) + or – issued. . ) 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. + or -

What are the ÒLEGALÓ and  moral arguments for each side.  Present pro and con arguments—two pages with your own writing and comments  and two pages from selected websites. 

 

ASSIGNMENT 2: (REQUIRED)  + or - issued.  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 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)  + or - issued.

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)  + or - issued. Issue of Church and State: In the Early 1950's the United States Congress added an important clause to the Pledge of Allegiance, placing the custody of our nation Òunder God.Ó  Recently, the Ninth U. S. Circuit Court ruled that to include the Òunder GodÓ in the Pledge of Allegiance is unconstitutional.  Your assignment is to LOOK up the latest findings on the Internet regarding this important Constitutional issue and examine both sides of the arguments.  List both pro and con arguments for both sides.  First, look up the following websites and others if  you find them: http:/www.Godlessgeeks.com and study their arguments; then, look up http://www.livingconnections.com/Evidence.htm and study their arguments; then, present in your paper pro and con arguments and opinions on this important subject.  Do you agree or disagree? Which arguments seem to be the strongest and why?

 

ASSIGNMENT 5:  (REQUIRED)  + or - issued.

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. 

 

Courthouse Visitation Locations

(Note:  these courts are ONLY suggestions; you may choose any other Superior Court that may be in your immediate neighborhood—also note, some telephone numbers may have changed; check directory listings to be sure)

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.

                                    ask in clerk's office

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

 

Los Gatos Municipal Court

14205 Capri, Los Gatos                   408-370-4440

Best days M, T, W, TH

 

Cities and areas served:

Los Gatos      San Jose         Monte Sereno           Campbell       San Jose

Saratoga        Alviso             Santa Clara                Milpitas

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)

 

Palo Alto Courthouse

270 Grant Avenue

Palo Alto, CA 94306

650-462-3820

Cities and areas served:

Palo alto, Los Altos, Los Altos Hills, Mountain View, Stanford University, Sunnyvale, Cupertino, and Moffet Field

 

South County Courthouse

12425 Monterey Road

San Martin, CA 95046

408-695-5012

 

(Check phone numbers and locations--some numbers may have changed) (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 misspelled words and/or reveal the use of poor grammar.

 

Please note that several hours have been spent producing this comprehensive course syllabus, which should answer most of your questions.  Please read it carefully twice and highlight important dates and requirements.   After you have read this outline in detail and if still have questions, please e-mail me at schockme@justice.com (subject line: WVC Student—law) or see me after class with your questions.

 

REMINDER:  In previous semesters I have noticed some students consistently arrive to class late and leave early.  Because in my opinion, it tends to be disruptive and distracting to the class overall, I have assigned everyone at the beginning of the semester with 1000 subjective points and will subtract points for showing up to class late, leaving class early, being negatively argumentative and disruptive in class, showing  attitude problems towards other students or the instructor, or talks to other students during lecture periods.   If  you have a counselors appointment, medical appointment, etc., it is wise to inform the instructor of this impending need and sit to the back of the room near the door.

 

If you would like to know about my credentials or background, please read the West Valley College Catalogue or go to www. West valley. edu and go to the instructional page and link onto Schock.

 

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.

 

The following information will give you the tentative reading assignments, exam dates, due dates, and final examination schedule.  

 

Tentative Reading ROAD MAP Assignment Sheet –SPRING 08— (all OPTIONAL briefs are due on THE LAST DAY WE MEET FOR THE WEEK) Tentative Reading ROAD MAP Assignment Sheet Read each assigned Chapter and complete Briefs (end of week) BEFORE coming to class  (Dr. Schock  reserves the right to make changes as needed) + or – issued; PLEASE NOTE:  IF YOUR CLASS MEETS TTH, THEN ANY ASSIGNMENTS WILL BE DUE ON THURSDAY; IF YOU HAVE A MW CLASS; THEN, THE ASSIGNMENTS WILL BE DUE ON WEDNESDAY.

 

By:                  Read these chapters                                                Topics

1-31-08           First day of class--orientation--read the ENTIRE COURSE OL                                                Read TEXT Chapters 1 &2 for next time                         

2-07-08           Chapters 1 and 2.........................................Legal; Constitutional   law 

Read 1.1, 1.2; 1.5, 1.6, 2. 3, 2.4, 2.5 (pg. 60) (read only for class discussion--do not brief these cases) (read ONLY--all assigned cases listed herein)  Written Briefing begins February 20,2007.

2-14-08           Chapters 3, 4, 5......................................Court Procedures/ ethics

Torts Brief 3.5 or 3.6;  4.4, 4.5, or 4.9 (optional BRIEF only one case  from each chapter)  Brief  5.2 or 5.4 or 5.5 (also read 5.1)

2-21-08           Chapters  6, 7, 8.............................................Criminal law/Cyberlaw

                        Brief  6.4 or  6.8;  7.2 or 7.6;  8.4 or 8.5 (read only 8.7/8.8)

2-28-08                       Chapters 9, 10, 11................................................Contracts

                        Brief  9.4 or 9.6 or 9.7; 10.2 or 10.3 or 10.4; 11.2 or 11.4 or 11.7

3-06-08           Chapters 12, 13, 14......................................... Contracts/product liab.

                        Brief 12.4 or 12.5 or 12.7; 13.3 or 13.4 or 13.5 or 13.6 (read all cases)

                        Brief 14.5 or 14.10--read all cases for discussion purposes.

3-13-08           Continue lecture on contracts

3-20-08           Continue lecture on contracts

3-26/27-08     Examination#1—Chapters 1-14 inclusive—Closed book test; 3-31-4-3-31-4-5-08     Spring BREAK—no classes held

4-10-08           Chapters 15, 16....agreement/consideration

                        Brief 15.3 or 15.8; 16.5 or 16.6; 17.6 or 17.7.

4-17-08           Chapters 18, 19,20ÉÉÉÉ..warranties/rights/ negotiation

Brief 18.10 or 18.11; 19.3 or 19.4; 20.1 or 20.2 or 20.3

4-24-08           Chapters 21 (omit 22) 23........................Banking/bankruptcy issues

                        Brief  21.3 or 21.4;   23.6 or 23.9, 24.7 or 24.8--read all cases

5-08-08           Examination #2—Chapters 15-24 inclusive; bring scantron 882ES and NO. 2 pencil.  CLOSED BOOK EXAM.

5-13-08           Chapters 25, 26 Warranties/Negotiability

                        Briefs 25.1 or 25.4;   26.2 or 26.3 (omit 27-30) Bus                                                           Associations including the forms of business ownership.

5-14-08           Chapters 31, 32, 33, 34...........................Franchises, Gov. Reg. Env. laws,and International Law issues; Brief  31.6 or 31.11;   32.6 or 32.7;   33.3 or 33.6, 34.4 or 34.5.

5-15-08           Chapters 35, 36, 37, 38...........Labor  law and Employment law

Brief  35.2 or 35.4 or 35.6; 37.7 or 37.8; 38.5 or 38.7 or 38.10; personal property issues, review Final Exam Study Guide, etc.

5-19-24-08      Final Exam period.  Your exam is given during this week; check schedule or contact instructor.

 

ALL ASSIGNED BRIEFS, INTERNET ASSIGNMENTS, PAPERS,  & Court visits and SC's are ABSOLUTELY DUE the last lecture class before the final exam. NO EXCEPTIONS or Excuses please! The Final Exam covers 25, 26, 27, 28. 29, omit 30, do 31, 32, 33, 34, 35, 36, 37, and 38  * I reserve the right to make assignment changes to this schedule as necessary.  THE FINAL EXAM WILL BE CLOSED BOOK, CLOSED NOTES.

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 need to respect each other's differences, failures, and successes. 

About Dr. Schock's  role as instructor........

           

            1.  Dr. Schock is interested in facilitating learning.

2.  Dr. Schock  operates on the assumption that learning is an active process and his 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.  Dr. Schock is   not interested in pushing for complete consensus--he  respects the fact that each of you has opinions, but opinions should be backed up with facts.

            5.  Dr. Schock respects the fact that you may have a varied expertise.

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

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

            8.  Dr. Schock honors differences among you realizing that some concepts are new to some and old to others. 

9. Dr. Schock will assume  you will respect his position as an instructor and professional and will be supportive in terms of reaching our mutual goals in the course.

10.   Dr. Schock  will directly refer any student who attempts to disrupt the class, is argumentative, hostile, or disorderly