NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 Instructor: Michael E. Chaplin Office: IB3417 E-mail: michael.chaplin@seattlecolleges.edu Class Hours: Monday through Friday, 10:00 – 10:50 a.m. Office Hours: Monday through Friday, 8:30 – 9:30 a.m., and by appointment Textbook: Understanding the Law (6th Edition – 2012 copyright) by Donald Carper and John McKinsey, published by South-Western Cengage Learning. The ISBN 13# is 9780538473590. It is available at the NSCC bookstore, and through on-line bookstores. DISCLAIMER: Although the instructor is an attorney, any legal information provided in this introductory college course should not be taken as personal legal advice for an individual student, nor is the instructor to be considered to be the student’s attorney. Students are advised to seek individualized legal advice regarding their specific situation, from an attorney of their choosing. TRANSFER: This class transfers to the University of Washington. Other four-year colleges and university may prefer a different law class. You are responsible to be in the right class for your transfer needs! INSTRUCTOR BIO: I am a graduate of the University of Washington Foster School of Business and the Notre Dame Law School. I practiced law for approximately seven years and have, since 2007, taught various legal courses in California and Washington. Prior to entering law school, I owned and operated several small businesses in Snohomish County. My legal practice was varied, though I spent most of my time litigating contract disputes. As an instructor, I have taught business law (including, for example, torts, contracts, business associations, agency, employment, and commercial law), paralegal studies and introduction to business courses. READING REQUIREMENTS: All students are expected to keep up with the reading for this class. We will cover a substantial amount of reading each day. Please budget your time wisely and be prepared to read approximately 20 pages per day. A facility in English speaking, listening, reading and writing is essential to successful completion of this class. COURSE OBJECTIVE: The objective of this course is to acquaint the student with fundamental legal concepts, structures and functions of the American legal system. We will examine the role of law, and the evolving nature of law as it relates to our society, and especially how it affects each of our lives on a daily basis. We will look at the legal system as a framework for the avoidance of problems in the future; and for resolving problems that inevitably arise in a complex society. This course is not intended to make Page 1 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 the student into a lawyer, and cannot be an in-depth examination of all the topics to be introduced. It is intended to provide an overview of the legal system so students know where to look to find basic info, and how to contact legal professionals when they need help. NSCC ESSENTIAL LEARNING OUTCOMES: 1. Intellectual and Practical Skills – critical thinking and problem solving. 2. Integrative and Applied Learning – synthesis and application of knowledge, skills, and responsibilities to new settings and problems. STUDY SUGGESTIONS: 1. Terminology. Law has a language all its own. As you read through a chapter, write down each word that is "new" to you. Write down in your own words what you think it means. Check the glossary at the back of the book to see if that matches your definition fairly well, or with a law dictionary (like Black’s Law Dictionary, in the NSCC library). See if you can write a sentence using the new word that makes sense. This will help you develop a mastery of the terminology. 2. Questions and Problem Cases. At the end of each chapter there are a series of sample cases or questions. See if you can answer them. Check with other students in class to see if you are in agreement. Some of these cases are based on real cases. Compare your analysis with how the court ruled. 3. Study Groups. Many students find it helpful to have a weekly group get-together at the library or a home, to review the reading or class discussions to gain a deeper understanding of the materials, or to watch law-related movies and have some popcorn! GRADING POLICIES: You have a variety of ways to earn points towards your final grade in this class. Please take a look at the following grading summary. COURSEWORK Points Possible Class Participation 10 Quizzes (2) @ 10 points each 20 Midterm Examination (1) 30 Final Examination (1) 40 TOTAL POINTS POSSIBLE 100 Extra Credit 10 Page 2 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 Examinations: The quizzes are take-home. You will be given the quiz on a Thursday and must return the completed quiz the start of class the following day (Friday). The quizzes are open book and open notes, but you are not allowed to consult any person or service for assistance in answering any quiz questions. All other testing (mid-term and final) will be in-class, with no opportunity for you to talk or compare notes with other students, although you will be allowed two pages of notes (two sheets of paper with notes on front and back) for each exam. You will need to score at least a minimum of 67% correct on the final exam, in order to get credit for this class. You will need one scantron for each quiz, one bluebook for the midterm and at least two bluebooks for the final. Participation: Participation is based on your performance in case briefing. You will be required to present at least two case briefs during the quarter. The brief will consist of an oral presentation and class discussion where classmates and your instructor ask questions. You may present your brief individually or as a team of not more than three members. During the first two weeks of the quarter we will spend time learning the mechanics of case briefing and presentation. Case presentations will begin in the fourth week. To brief cases, case problems and questions, use the following “IRAC” format: Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement’?”) rather than general (e.g. “Will the plaintiff be successful?”). You may make it referable to the specific case being briefed (e.g. “Did Miller owe a duty of care to Osco, Inc.?”) or which can apply to all cases which present a similar question, (e.g. “Is a duty owed whenever there is an employment relationship?”). Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised. Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. “A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.”) not a conclusion to the particular case being briefed, (e.g. “The plaintiff was negligent.”). Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be a written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn. Conclusion: What was the result of the case? With cases, the text gives you a background of the facts along with the judge’s reasoning Page 3 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 and conclusion. When you brief cases, you are basically summarizing the judge’s opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge’s opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format. While most of these case problems are followed by a question, ignore the question and instead brief the problem. Most briefs are one to two pages long. They must be brought to class on the day they are to be discussed. Once an assignment has been discussed, you no longer need to bring it to class. Extra Credit: You may do one of the following assignments for up to 10 points. Prepare a typed report and turn it in at the start of class by Friday, May 17. Your choices are: Visit a superior court proceeding and write a two-page memorandum concerning your observations and comments. Interview (preferably in person, but can be by phone) a local practicing attorney or judge, and write a two-page written commentary (memorandum) of the interview. The interview may not be done online (e.g., via email or instant messaging) or via texting. The extra credit is governed by the following: Grading will be based upon completeness, conciseness, and clarity of expression. The memorandum/summary must be word-processed, single-spaced, times new roman, 12 point font. Neatness and organization also count. Deductions will be made for poor grammar, spelling and sentence structure, as well as for failure to follow the designated format and posting instructions. Frequently asked questions: Q - “If my grade for all the other items is better than 67%, but my final exam grade is less than 67%, can I still get credit for the class?” Answer: No. Q - “If my total score for all the other items is below a passing (67%), but I score above a 67% on the final exam, will I get credit for the class?” Answer: Not unless the final exam score raises the total for the whole course to at least 67%. (Your overall score for the course must be at 67% or above, and your final exam must be at 67% or above, to get credit for the class.) GRADING SCALE: At the end of the quarter, your total score will be compared to the following table to determine the grade you have earned for the class. This scale may require higher scores Page 4 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 than other classes you have taken or are taking now. This reflects the fact that many of the exams/projects in this class are "take-home," and "open-book" in nature. Percentage Scale 96 – 100% 95 94 93 92 91 90 89 88 87 4.0 Grade 4.0 3.9 3.8 3.7 3.6 3.5 3.4 3.3 3.2 3.1 Percentage Scale 86 85 84 83 82 81 80 79 78 77 4.0 Grade 3.0 2.9 2.8 2.7 2.6 2.5 2.4 2.3 2.2 2.1 Percentage Scale 76 75 74 73 72 71 70 69 68 67 4.0 Grade 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 No course credit is given for ending scores with less than 67% or if the score on the final exam is less than 67%. ABSENCES: Appropriate absences during the quarter include ill health, work or family emergencies. Consistent attendance and participation is important. Part of your grade is dependent upon your participation in class, which will not be possible if you do not attend! If you miss a class, it is your sole responsibility to obtain class notes and other lecture materials that may have been handed out, from other students. Get the phone numbers and/or email addresses of at least two students in the class so that you may share information. In general there will be no makeup exams, and you must turn in all work on the day it is due. Any requests for changes on due dates must be made prior to the due dates. The best way to reach me is to use my e-mail address. CLASSROOM RULES: Please respect the opinions expressed in class by your classmates. If you disagree with someone's opinion, state so respectfully, and not as a personal attack. Please turn off all computers, cell phones, pagers, PDAs, or other electronic devices at the start of class. If you do have a device that goes off during class, please turn it off right away, and wait to respond to it after the class is over. (NOTE: Any student whose device goes off during class will be expected to bring “treats” for the whole class during the next class session.) Please allow others to be able to hear what the instructor or class participants are saying, by not engaging in "side" conversations. Page 5 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 Students are expected to comply with NSCC student conduct policy and procedures. Information on student responsibilities and rights is available at the following website: https://northseattle.edu/policies/student-rights-and-responsibilities POLICY ON COURSE WITHDRAWAL: The instructor may initiate administrative withdrawals of students who do not come to class during the first 3 days of the quarter in order to accommodate other students seeking entry into the class. Official withdrawal at other times of the quarter is the responsibility of the student. AMERICANS WITH DISABILITIES ACT: In my commitment to student learning I want to support all students. If you have a disability that will affect your performance in this class please let me know. Students with disabilities are encouraged to use the college's Disability Services for support in implementing reasonable accommodations for their disabilities. To make an appointment, contact the Disability Services office by phone at (206) 527-3697, TTY at (206) 526-0079 modem, or e-mail at ds@sccd.ctc.edu. Their office is currently located at the North end of the College Center Building - room CC2346A, Monday through Friday from 9 am to 4 pm. Also, if you would need special arrangements in case the building must be evacuated in the event of an emergency, please meet with your instructor as soon as possible. ACADEMIC HONESTY: Academic honesty is highly valued at NSCC. A student must always submit work that represents his/her original words or ideas. Any academic dishonesty will result in the exam or work being given zero credit, and the student may be dismissed from the class or the college. ACADEMIC DISHONESTY COULD INVOLVE: 1. Having a tutor or friend complete a portion of your assignment. 2. Having a reviewer make extensive revisions to an assignment. 3. Copying work submitted by another student, or giving another student your work to copy. 4. Using information from online sources, or other information services without proper citation. 5. Taking exam answers from another student’s paper. 6. Using materials not allowed to answer exam questions. Page 6 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 EXAMINATION CONDUCT: Students are expected to complete examinations without the unauthorized use of reference materials, notes, or classmates, unless with permission of the instructor. CLASSROOM DIVERSITY STATEMENT: Respect for diversity is a core value of NSCC. Our college community fosters an optimal learning climate and an environment of mutual respect. We, the college community, recognize individual differences. Therefore, we are responsible for the content and tone of our statements and are empathetic speakers and listeners. RESPECTFUL AND INCLUSIVE ENVIRONMENT: The instructor and student share the responsibility to foster a learning environment that is welcoming, supportive, and respectful of cultural and individual differences. Open and respectful communication that allows for the expression of varied opinions and multicultural perspectives encourages us to learn freely from each other. FRAGRANCE POLICY: Students are encouraged to refrain from wearing heavily scented products during class sessions, since some individuals may experience chemical sensitivities to fragrances that interfere with their learning. STUDENT SUPPORT SERVICES: Students are encouraged to seek campus support services when necessary to support their learning and academic progress. Refer to student handbook, brochures/flyers, or college website for information about: Educational Access Office (accommodations) Tutoring Services Library LOFT Writing Center Plus Counseling Women’s Center Multicultural Services Office Veteran’s Office Study Tips for the First and Second Week of Classes North Seattle Community College Counseling Center Lydia Minatoya, Ph.D. 1. Read the syllabus for each class you are taking. In the syllabus, the instructor tells you what assignments you must do, by when. The syllabus provides information such as: how the instructor will arrive at your grade, how to contact your instructor if Page 7 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 you have any questions about assignments, and guidelines for behaviors your instructor expects. Let your instructor know immediately, if you are unclear about any item on the syllabus or if you have special needs or situations (such as a disability, or a job, family situation, or bus commute that may occasionally make you late). 2. Do not miss class! If an emergency arises, e-mail the instructor before the class and explain why you will miss and when you will return. 3. Smile and make friends with your classmates so you can share notes and ask each other questions about assignments. Consider forming a study group. 4. Try to study on campus, where there are fewer distractions, so that when you go home you can relax and pay attention to other things and people in your life. 5. Study every day. Take notes on what you are reading so you will have a summary (and less to review) when the test comes around. 6. Break big assignments into smaller tasks. This makes it easier to start. Study for thirty minutes, take a five-minute break, and go back for thirty minutes more. When memorizing (vocabulary lists, formulas, etc.) break lists into shorter lists of three or four concepts/vocabulary words. Learn them, take a break, and learn four more. If you try to learn a long list all at once, you may remember the first four items and the last three, but everything in between will likely be a blur. 7. Plan some leisure time everyday (aim for one hour per day) and every weekend (aim for a three to four hour block) to do something you enjoy! It is easier to study when you know you have a break scheduled and it is easier to relax and enjoy yourself when you know you have completed some of your homework. The NSCC Counseling Center helps students identify careers, pick programs of study, strengthen study skills, manage time and stress, deal with depression, confront prejudice and learn other student success skills. IF you are feeling depressed – PLEASE see a counselor at the Counseling Center – they have helped many students over the years!! Projected Schedule – Note this is the tentative schedule for Class Topics, and it may have to be adjusted Page 8 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 WEEK ONE 1 April 1 Course Introduction Read Course Syllabus 2 April 2 Introduction to Law Read pp. 1-21; brief Eric J. v. Betty M. 3 April 3 Introduction to Law Read pp. 21- 37; brief case problem (“PC”) 9 4 April 4 The Constitution Read pp. 41-60; brief McDonald v. Chicago 5 April 5 The Constitution Read pp. 60-81; brief PC 9 WEEK TWO 6 April 8 The Court System Read pp. 89-100 7 April 9 The Court System Read pp. 100-110 8 April 10 The Court System Read pp. 110-121 9 April 11 The Court System Read pp. 121-130 10 April 12 The Court System Brief Trustees of Columbia v. Jacobsen, PC 7 & PC 10 WEEK THREE 11 April 15 Alternative Dispute Resolution Read pp. 168-180; brief PC 11 12 April 16 Administrative Law Read pp. 189-199 13 April 17 Administrative Law Read pp. 199-209 14 April 18 Administrative Law Read pp. 209-216; brief Nash v. Auburn University Quiz 1 Distributed Quiz 1 Distributed Administrative Law Brief PC 6, PC 8 & PC 9 Quiz 1 Due Quiz 1 Due 15 April 19 Page 9 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 WEEK FOUR 16 April 22 Torts: Private Wrongs Read pp. 291-301; brief Randi W. v. Muroc 17 April 23 Torts: Private Wrongs Read pp. 301-311, brief Reider v. Louisiana 18 April 24 Torts: Private Wrongs Read pp. 311-324, brief PC 8 19 April 25 Torts: Private Wrongs Read pp. 324-340, brief PC 11 20 April 26 Group Briefing Presentations Group Briefing Presentations WEEK FIVE 21 April 29 Crimes: Public Wrongs Read pp. 223-244; brief Herring v. United States 22 April 30 Crimes: Public Wrongs Read pp. 244-260; brief People v. Lara 23 May 1 Crimes: Public Wrongs Read pp. 260-284; brief PC 11 24 May 2 Group Briefing Presentations Group Briefing Presentations 25 May 3 Midterm Exam Midterm Examination WEEK SIX 26 May 6 Contracts: Enforceable Agreements Read pp. 347-354; brief Hamer v. Sidway Page 10 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 27 May 7 Contracts: Enforceable Agreements Read pp. 354-364; brief Lucy v. Zehmer 28 May 8 Contracts: Enforceable Agreements Read pp. 364-371; brief PC 6 29 May 9 Contracts: Enforceable Agreements Read pp. 371-387; brief PC 8 30 May 10 Group Briefing Presentations Group Briefing Presentations WEEK SEVEN 31 May 13 Family Law Read pp. 395-404; brief Johnson v. State of Florida 32 May 14 Family Law Read pp. 404-417; brief Perry v. Schwarzenegger 33 May 15 Family Law Read pp. 417-430; answer the questions in PC 3 34 May 16 Family Law Read pp. 430-443; answer the questions in PC 8 Quiz 2 Distributed Quiz 2 Distributed Group Briefing Presentations Group Briefing Presentations 35 May 17 Quiz 2 Due Quiz 2 Due WEEK EIGHT 36 May 20 Employee & Employer Rights & Duties Read pp. 589-600; brief Price Waterhouse v. Hopkins 37 May 21 Employee & Employer Rights & Duties Read pp. 600-611; brief Ricci v. DeStefano Page 11 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 38 May 22 Employee & Employer Rights & Duties Read pp. 611-622; brief PC 5 39 May 23 Employee & Employer Rights & Duties Read pp. 622-638; brief PC 6 40 May 24 Group Briefing Presentations Group Briefing Presentations WEEK NINE 41 May 27 HOLIDAY NO CLASS 42 May 28 Motor Vehicles & Personal Property Read Chapter 10 (pp. 453-462, 470-490) 43 May 29 Renters & Landlords Read Chapter 11 (all) 44 May 30 Home Ownership Read Chapter 12 (all) 45 May 31 Group Briefing Presentations Group Briefing Presentations WEEK TEN 46 June 3 Wills, Trusts, & Probate Read pp. 645-657; brief Estate of Dorothy Southworth v. North Shore Animal League 47 June 4 Wills, Trusts, & Probate Read pp. 657-665; brief McConell v. Beverly Enterprises 48 June 5 Wills, Trusts, & Probate Read pp. 665-669; brief PC 4 49 June 6 Wills, Trusts, & Probate Read pp. 669-691; brief PC 9 50 June 7 Group Briefing Presentations Group Briefing Presentations Page 12 of 13 NORTH SEATTLE COMMUNITY COLLEGE BUSINESS 200-01, LAW & SOCIETY COURSE SYLLABUS, SPRING QUARTER 2013 WEEK ELEVEN 51 June 10 Group Briefing Presentations Group Briefing Presentations 52 June 11 Final Exam Review Final Exam Review 53 June 12 (10:30am – 12:30pm) Final Exam Final Exam Page 13 of 13