FRL 201 Announcements.

Click link to download copy of the FRL 201 Syllabus.

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CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA
COLLEGE OF BUSINESS ADMINISTRATION
COURSE SYLLABUS
LEGAL ENVIRONMENT OF BUSINESS TRANSACTIONS
FRL 201
Richard J. Bergstrom, J.D., CFP

READ THIS SYLLABUS CAREFULLY! YOU WILL BE PRESUMED
TO HAVE READ, UNDERSTOOD AND ACCEPTED ITS TERMS.

THIS SYLLABUS CONTAINS CRITICAL INFORMATION THAT CAN HELP YOU SUCCEED IN THIS COURSE. THIS SYLLABUS ALSO CONTAINS CRITICAL INFORMATION (FOR EXAMPLE, REGARDING GRADING STANDARDS AND MINIMUM REQUIREMENTS FOR MANDATORY TAKE-HOME EXAMS) THAT, IF NOT COMPLIED WITH, WILL CAUSE YOU TO FAIL THIS COURSE.

I. INTRODUCTION:

This course is structured to accomplish a critical analysis of the common law associated with business transactions. The principal areas of substantive law upon which we will concentrate are: Tort Law, Product Liability Law, and Contract Law.

II. PRIMARY GOAL:

The primary goal of this course is to increase the student’s ability to identify and analyze the legal risk to himself and the firm flowing from engaging in ordinary business transactions. The study of law is much like learning the rules of “a game.” The primary emphasis of the course is on the development of critical reasoning and analytical skills. This is done through the application of law to factual situations. While learning the rules of law (or the rules of a game) is not always “fun,” the rules of law are actually the rules of the various “games” of life. No game can be successfully played without learning the rules. Therefore, while the primary emphasis is upon analysis, retention and strategies for the application of rules of law, it would be foolish to deny that learning the rules of law is a fundamental prerequisite to analysis (e.g., could you really expect to intelligently analyze a chess problem without first understanding the fundamental rules of chess?)

III. WEB PAGE:

A. ADDRESS (OR URL): http://www.intranet.csupomona.edu/~rjbergstrom/201/
B. CONFLICTS BETWEEN THIS SYLLABUS, THE “RED BOOK,” OR CLASS ANNOUNCEMENTS:

This syllabus may be amended by announcements in class. It is the student’s responsibility to become informed with regard to any information the student misses due to an absence for any reason whatsoever. The web page includes valuable information. Please recognize, however, that it is continuously “under construction” and much of the “updating” of announcements and materials is done by students. While many students acknowledge that the web page is of critical value to their success in the class, it should be recognized that, in the event of conflict between any information on the web page (e.g., announcements, examination instructions, or any matter whatsoever pertaining to this course), the course syllabus, the “red book” and in-class announcements ALWAYS have precedence over any information contained on the web page.

C. ASSISTANCE WITH ACCESS TO INFORMATION ON THE WEB PAGE:

If you incur any difficulty in accessing information on the web page, please contact a Teaching Assistant or the Professor. We will gladly assist you. We do not wish a student’s inability or difficulty in accessing information on the web page to place any student at a disadvantage. Lack of access to a computer is simply an unreasonable excuse for not gaining all of the benefits to be obtained on the web page.

IV. HONOR CODE:

The Honor Code must be signed and submitted during the first week of class. The Honor Code is a contract. If you do not agree with, or do not have the fortitude to comply with, the ethical requirements of the Honor Code, please drop this course.

V. EXAMINATIONS:

A. EXAM SCHEDULE:

First Exam: 100 Points. The only purpose of this exam is to determine that you have learned sufficient “rules of law” in order to prepare you to “play the game” (i.e., apply the law to the potential conflicts and transactions of real life). The time allotted for this exam is normally the entire class period, depending on the number of “torts” on which the Professor tests. Please note that, given the utter simplicity of this 100-point exam, it is difficult to understand why or how a “motivated” student would receive less than a “B” on this exam. Many students will receive an “A.” Note also that it is logically inconceivable that an individual could perform poorly with regard to demonstration of an understanding of the “rules of the game” (rules of law) and then, two days later, expect to engage in a reasonable degree of critical thinking analysis demonstrating one’s ability to apply, in a useful and relevant manner, the rules of law that the student failed to learn.

Type of Exam: Case analysis

Second Exam: 200 Points. Test will be given during the first or second class in Week 6 (or to be announced). A 1 HOUR 40 MINUTE EXAM.

Topics: Torts and Product Liability.

Type of Exam: Case analysis exam (see instructions in handout). There may also be multiple-choice questions.

Third Exam: 100 Points. The only purpose of this exam is to determine that you have learned sufficient “rules of law” in order to prepare you to “play the game” (i.e., apply the law to the potential conflicts and transactions of real life). The time allotted for this exam is normally the entire class period, depending on the number of “torts” on which the Professor tests. Please note that, given the utter simplicity of this 100-point exam, it is difficult to understand why or how a “motivated” student would receive less than a “B” on this exam. Many students will receive an “A.” Note also that it is logically inconceivable that an individual could perform poorly with regard to demonstration of an understanding of the “rules of the game” (rules of law) and then, two days later, expect to engage in a reasonable degree of critical thinking analysis demonstrating one’s ability to apply, in a useful and relevant manner, the rules of law that the student failed to learn.

Type of Exam: Case analysis

Fourth Exam: (Final Exam) 200 Points. Test will be given during the second class of Week 10. A 1 HOUR 40 MINUTE EXAM.

Topic: This is a comprehensive final exam that will definitely include Contract Law and may include one or more torts.

Date and Time of Exam: This exam will be given during the second class of Week 10. (The final exam period will be used to review this exam, evaluate the course and Professor, and resolve any questions or concerns about the student’s grade.)

Type of Exam: Case analysis and perhaps additional multiple choice questions.

Because this examination is a comprehensive exam, and because the Professor desires to further motivate students to continue to sharpen their analytical abilities, the Professor will double the weight of the final if, by doing so, it improves the student’s final course grade. In other words, the student’s course grade will be computed prior to taking the final exam. That grade will then be compared to the grade on the final exam (calculated on a percentage basis, rounded up from .5). If the final exam is higher than the student’s average course grade preceding the final exam will be doubled. If the final exam score is lower than the student’s course grade prior to the final exam, the weight of the final exam will remain 200 points.

B. USE OF THE WEB PAGE:

It is important to note that the notes (called Law Explanation) and information contained on the web page are largely an attempt of students to help other students. The Professor has attempted to help the students in this process and, to that degree the web page is a collaborative “joint venture.” Nevertheless, because the Professor is totally reliant upon the volunteer efforts of students to maintain the web page, the web page is often outdated and can contain incorrect information.

Depending on the availability of the student (possessing the knowledge and experience) to maintain the web page, the web page may or may not adequately reflect in a timely way the current grades of students, announcements and other valuable information that would be especially helpful to students in large “mega-sections.”

If you are an individual who possesses the knowledge and experience to keep the web page updated, we would very much appreciate your volunteering to serve in the capacity of “FRL 201 Web Page Master” in exchange for earning 2 - 4 units of credit. Without the assistance of such students, the web page simply cannot be maintained nor improved.

C. QUIZZES:

There will be fourteen or more unannounced “pop” quizzes throughout the quarter. There may be more than one quiz per class (e.g., one at the beginning of class and one at the end of class). Some of the quizzes will consist of multiple-choice questions, and other quizzes will require a written response to questions about specific rules of law. Each quiz will be worth from 10 to 50 points.

D. EXTRA CREDIT QUIZZES:

From time to time, the Professor will simply ask a question in class. Usually the first student to offer a response, if correct, may be rewarded extra credit. Exceptional responses may be rewarded with as many as 3 points of extra credit.

E. ALTERATION OF SCHEDULE:

The Professor reserves the absolute right to modify the above exam schedule if deemed appropriate. Any alteration of schedule or any other announcement in class takes total precedence over any information contained on the web page.

F. ATTENDANCE DURING REGULARLY SCHEDULED FINAL EXAM:

Attendance at the regularly scheduled final exam is absolutely mandatory. The session will be used for the purpose of reviewing the second (the final) exam, discussion of determination of individual grades (resolving any apparent problems), and the evaluation of the course by the students.

G. SMALL BLUE BOOKS REQUIRED:

Please bring an adequate supply of small “blue books” to each and every exam session. BE CERTAIN NO WRITING IS CONTAINED IN ANY BLUE BOOK BROUGHT INTO THE EXAMINATION ROOM.

H. CONDUCT DURING EXAM:

Under no circumstances shall a student speak with another student, access any materials, bags, etc., brought into the examination room, or engage in any conduct that appears “suspicious.” (E.g., the “red book” should be nowhere in sight, nor should any other form of notes, outlines, etc. Any such materials should be placed inside a briefcase or bag, left a home, placed in the back of the room or any other location to totally eliminate any suspicion that an individual has access to any such “helpful” materials.) Leaving the examination room during the examination is absolutely prohibited in the absence of an emergency. Permission must always be granted by a Teaching Assistant or the Professor prior to leaving the class. The student’s conduct while out of the class will be inspected and investigated. This investigation could even constitute an invasion of privacy. The reason for this policy is prior experience with students attempting to cheat while engaging in “restroom activities.” The student agrees to consent to all investigation and invasion of privacy related to concerns of the Professor or Teaching Assistant related to possible cheating while engaging in “restroom activities.”

I. CHEATING:

If, in the judgment of the Professor, it is “more likely than not” that a student cheated, the Professor will award a course grade of “F.” The Professor may elect to also report the incident to the student’s Department Chairman, the Chairman of the FRL Department, the Dean of the College of Business Administration, the Dean of Students, and other appropriate University officials. The student has the right to seek a hearing for the purpose of reviewing any alleged cheating, as well as the resultant grade of “F.”

At the discretion of the Professor, any cheating (however insignificant) on extra credit opportunities or the mandatory take-home examinations may result in the Professor’s deducting a certain number of points from the student’s total grade points in the course (e.g., 50 points). All serious instances of cheating will result in a course grade of “F.”

Each student is urged to review the University catalog materials pertaining to cheating. In general, any material act (e.g., lying about the reason for the absence) or failure to act (e.g., failing to turn in a quiz; failure to report another student’s cheating) done for the purpose of affecting one’s own grade or the grade of another student through dishonest means will be regarded as cheating.

VI. QUESTIONS:

In a large class, it is logically impossible for each student to ask an unlimited number of questions. “Think about it.” If each of 120 students asked only one question per class, exactly how much material would the Professor be able to cover? The Professor will attempt to arrive before class to answer questions, and will always remain after class to answer questions. Please simply make a note during class of what your question might be and seek the Professor’s attention immediately after class.

EXCEPTION: If you simply do not understand the concept that the Professor is lecturing on or wish to have something repeated, it is the Professor’s strong desire that you do interrupt and ask for further explanation, understanding or another example to help you understand the material.

Always refrain from asking questions about personal stories, incidents or personal or actual events during class. The Professor will be delighted to give you free legal advice or answer any such questions (within the limits of his competency) after class. The Professor has been known to spend a substantial amount of time answering l questions before and after class.

VII. STUDENT CONDUCT:

Students are asked to recognize that, in a large class, talking to other students (for any reason) or movement about the class is very disruptive. In the absence of an emergency, you are expected to remain seated for the entire duration of the class and to refrain from any disturbing conduct of any kind. If you must leave the classroom, you are requested to NOT return. In the event the Professor should have to interrupt the class or his lecture to deal with talking or any other disruption, the Professor will not allow the student to attend class and the student will receive an “F” for the final course grade.

VIII. ROLE OF THE TEACHING ASSISTANTS:

The primary role of the Teaching Assistants is to serve you, the student. It is their goal to help you achieve the highest possible grade in this class, as well as to receive the highest level of comprehension and retention of the material learned in this course. The Teaching Assistants, however, are students. They are not Professors.

While they assist the Professor substantially in the grading of quizzes and examinations, the Professor audits the examinations, reads many (if not most) of the papers, and has established an elaborate system for “appeals” should the student, for any reason, doubt or question the fairness of a grade. All quizzes are read at least twice, and all examinations are read at least three times (all blind and in independent grading). This is in addition to the Professor’s auditing of papers. We have a very high reputation for consistency and accuracy of grading. However, we can make mistakes. Therefore, do not fail (if you so choose) to inspect the papers of other students or to exercise your right of appeal if you “in good faith” believe that you have not been fairly graded. You must, however, treat the Teaching Assistants with respect and dignity.

Always remember, the final responsibility for fairness in grading rests with the Professor. If you have any problems whatsoever in this regard, you are to speak with the Professor or communicate anonymously (if you choose) through the web page to the Professor.

IX. INCONSISTENCY OF STATEMENTS BY TEACHING ASSISTANTS VERSUS THE PROFESSOR OR THE SYLLABUS:

The Professor’s statements are always final and to be deemed the only conclusively reliable answer to any question. Therefore, if you have any doubt whatsoever about the answer to an important question you pose to a Teaching Assistant, simply ask two or more TA’s the same question. If you are receiving any sort of ambiguous information, be certain to communicate with the Professor. We do not wish to give out inconsistent communication. However, we are human and Teaching Assistants (especially since they are students) may simply have misunderstood the Professor or, believe it or not, the Professor may have made a mistake.

X. GRADE DETERMINATION:

ALL EXAMS ARE GRADED ON A “CURVE.” THE BEST PAPERS WILL ALWAYS RECEIVE A’s.

Never write incorrect rules of law. Incorrect statements of law will be deemed a misrepresentation of knowledge and may receive “0” points -- whereas a blank response on a quiz will receive 50% of the total points.

On the four major law and case analysis examinations there must be a reasonable, good-faith attempt to answer the entire examination question which, for example, would normally consume six or more pages of writing. Without such a good-faith attempt to answer the question, the exam may receive less than 50% of the total points.

The “final grade” for the course is based upon the percentage of the total possible points earned using the following scale:

94% - 100% = A 80% - 83% = B- 67% - 69% = D+
90% - 93% = A- 77% - 79% = C+ 64% - 66% = D
87% - 89% = B+ 74% - 76% = C 60% - 63% = D-
84% - 86% = B 70% - 73% = C- 59% & Below = F

XI. CLASS PARTICIPATION:

Recognize that this is a very large class. We have structured this class to enable students to meet with Teaching Assistants and with the Professor after each and every class to clarify the materials, raise analytical questions, and communicate one’s views. When raising a question or offering a comment in class, therefore, make the utmost attempt to raise the highest level of question (i.e., one that cannot easily be answered after class) and that is directly relevant to the current topic under discussion.

The Professor will often request responses from students at various structured points during the class session. These are the most appropriate times to raise questions and make relevant comments.

Please arrive on time to each class. Do not talk to other students once the class has begun, and do not leave the class during the lecture.

XII. BONUS POINTS:

Extra credit can be earned in the form of bonus points. Many times the difference between final letter grades is based upon one or two points. The Professor will raise specific questions related to homework assignments and review of past lectures and ask for volunteers. Individuals who respond with “nearly perfect” responses will be given 1 point of extra credit per correct response.

Occasionally, there will be a “double-bonus” 2-point question. Double-bonus-point questions will usually test the level of comprehension the student has gained in reading five pages in advance on the course outline in preparation for class.

XIII. PROFESSORIAL ASSISTANCE AND OFFICE HOURS:

Office hours will be conducted after each and every class. The Professor and all Teaching Assistants will be available to assist students with the class. The Professor will remain in the classroom as long as necessary to answer all questions from all students who come forth with questions. The Professor will then “visit” with each of the students meeting in small groups with Teaching Assistants to determine if they have any individual questions. The Professor will then return to his office in Room 66-207, where he will again remain awaiting the opportunity to assist any individual student who would prefer to meet with him in private. In short, the Professor is always available for no less than 1 hour 15 minutes following each and every classroom period. The Professor will also be available during other regularly scheduled office hours. The Professor is also available by telephone and e-mail.

XIV. MANDATORY PRACTICE EXAMS: Point Value: 100 Points Each

Purpose:

Each quarter, the Professor will offer two mandatory practice exams and two practice exams that are optional (i.e., voluntary). The purpose of these practice examinations is:

1. To encourage the student to prepare for the major examinations;

2. To offer substantial credit for successful preparation;

3. To offer extra credit (bonus points) for students who successfully complete optional practice exams.

Remember that the Professor reserves the right to change the date that the mandatory exams are due. This is especially true of the first mandatory practice exam.

To further encourage students to do well on both mandatory and optional practice exams, the Professor from time to time will repeat an examination given as a mandatory or optional practice exam for the mid-term or final exam.

There will be two mandatory practice exams. Both practice exams are contained in the “red book” and are labeled “Mandatory Practice Exam No. 1” and “Mandatory Practice Exam No. 2.”

The first practice exam is due during the first class session of the fourth week of class (or as announced in class). The second practice exam is due during the first class session of the ninth week of class (or as announced).

Practice exams may be turned in early. However, practice exams turned in after the deadlines stated herein or announced in class will receive “0” out of 100 points. For this reason, you are strongly encouraged and advised to turn in at least one “draft” of your mandatory practice exam prior to the deadline. WARNING: STUDENTS WHO ENCOUNTER COMPUTER OR PRINTER PROBLEMS WILL NOT BE GIVEN ADDITIONAL TIME.

You are encouraged to work with Teaching Assistants to help you improve your analysis of practice exams. You may turn your practice exams in to a Teaching Assistant as many times as you wish and seek as much assistance as you wish. You may not, however, turn in the “same or essentially the same” practice exam answer as another student. While you may cooperate with other students, your answer is to represent your individual work product and must contain your unique analysis. If, in the judgment of the Teaching Assistants and the Professor, it is “more likely than not” that a student has turned in a practice examination that is “the same or essentially the same” answer as an exam submitted by another student (during this quarter or a previous quarter), the student will receive “0” points on the exam AND will fail the course.

GRADING:

Because students may receive assistance from other students, Teaching Assistants and the Professor, and because the student may turn in practice exams early to enable the student to improve their work product, the final grading of practice exams will be very rigorous.

MINIMUM EXPECTATIONS:

A. Carefully review the “Case Analysis Exam Instructions” that follow this syllabus. These instructions include a “Sample Case Problem.” Following the “Sample Case Problem,” there are instructions. The instructions are broken down into Sections I, II, III and IV. Following each set of instructions, the Professor has included an “example application’ of the instructions to assist you in understanding how to accomplish the instructions for the exam. It is highly advisable to begin the study of the case analysis exam instructions during the first and second week of class. The student should set an absolute goal of understanding the instructions no later than the end of the second week of class. The student will also find it to be helpful to have read the chapters that deal with tort law prior to studying the exam instructions.

B. Because of the absence of time constraints and the availability of Teaching Assistants to assist each student, it is our expectation that Section I of the exam will include virtually all of the causes of action that may be filed against all potential defendants.

C. The cause of action to be analyzed in accordance with the case analysis instructions for Section II-B will be identified by the Professor in class. This announcement will not be made until the end of the third or the beginning of the fourth week of class. The announcement regarding which cause of action will -be analyzed under Section II-B during the in-class case analysis exam will e made verbally by the Professor during the beginning of the examination period.

D. The practice exam shall reflect a reasonably high level of comprehension of the instructions and contain numerous (e.g., no less than seven correct illustrations of Section III and three illustrations of Section IV) examples demonstrating correct analysis (of all types required in the instructions). Failure to comply with these standards will result in an automatic reduction of 10 points for each omitted debatable issue (Section IV) and 5 points for each omitted question (Section III).

E. There will be no arbitrary limits placed upon the number of students who may be awarded an ”A,” “B,” “C,” or “D.” Papers will be graded on a comparative basis, and a minimum of 10% of the practice exam responses shall be given a grade of no less than “A-.”

F. Failure to turn in the practice exam on the due date will result in a maximum highest grade of 50%. The 50% shall only be issued if the student has adequate and verifiable reasons for the late submission. In the even the student does not have adequate reasons and proof thereof the grade shall be “0.” Therefore, you are encouraged to turn in at least one “draft” of your practice exam before the due date. The primary advantage of doing this, however, is that it will give you an opportunity to improve your response and receive a better final grade for this practice exam experience.

G. The “50% rule” of grading does not apply to mandatory take-home exams. There must be a good-faith effort to answer the entire question and meet all minimum standards.

XV. OPTIONAL PRACTICE EXAMS: 0 to 15 Points

All students will be given the opportunity to take at least two optional practice exams during the course. These optional practice exams are contained in the handout and are labeled “Optional Practice Exam.” These optional practice exams may be done for “extra credit” or so-called “bonus points.” It is important to note that a very small number of extra credit or bonus points can easily change one’s final grade. Therefore, earning such extra credit or bonus points is excellent “insurance” against being “on the borderline” when final grades are awarded.

GRADING:

All optional practice exams must meet or exceed the grading standards of mandatory practice exams (see above) to be awarded any points.

Only optional practice exams that would have received at least a grade of “C” will be awarded any bonus points whatsoever.

Only optional practice exams that would have received a grade of “A” under the mandatory practice exam standards will receive 10 to 15 points. These papers must
be differentiated from the majority of papers in terms of both quality and quantity of analysis in Sections I, II, III and IV.

XVI. ATTENDANCE AND MAKE-UP EXAM POLICY:

A. ATTENDANCE:

It is believed that class attendance is critical to excellence of performance on examinations. Therefore, no “attendance policy” is necessary. The Professor will assume that you miss class meetings for excellent reasons sufficient to yourself and at grave risk.

B. MAKE-UP QUIZ AND EXAM POLICY:

Due to the comparative and competitive nature of the grading process and, hence, the examination process, NO make-up quizzes or exams will be given under any circumstances. All quizzes and exams are mandatory.

If a quiz or exam is missed and “verified as to cause,” the final grade will be based upon the other quizzes and exams taken. If a quiz or exam is not “verified as to cause” with the Professor, the student will receive a score of “0” points for the quiz or exam. “Verification as to cause” must take place within 12 weeks from the date the quiz or exam is missed (unless extraordinary and verifiable circumstances exist).

Verification as to Cause:

A student seeking to be excused for having missed a quiz or exam must be capable of presenting objective evidence of why the quiz or exam was missed. Do not attempt to contact the Professor prior to the quiz or exam seeking permission to miss a class, quiz or exam.

No permission will be given to miss a quiz or exam (prior to the date of the quiz or exam) under any circumstances. Verification as to cause and acceptance of the verifiable reasons will take place only after the quiz or examination has been missed.

Work conflicts, job interviews, marriages, important vacations, graduation ceremonies of friends and many other noteworthy events will not be deemed an adequate reason for missing a quiz or examination. It must be clear that the student simply missed the quiz or exam for reasons that were totally beyond his or her control (e.g., serious and verifiable accident, serious and verifiable illness, etc.).

If a combination of two exams, one examination and two quizzes, or three quizzes are missed, an “F” will automatically be assigned. A grade of “Incomplete” will be awarded only under extraordinary circumstances that are clearly beyond the control of the student and that clearly meet University standards. This has rarely occurred (approximately three times in the past eight years). An example of such an occurrence was a student who was called into active military duty during the Desert Storm war.

XVII. TEXT IDENTIFICATION:

A. The Bronco Bookstore clearly identifies the most current edition of the required textbook for this course (Clarkson, Miller, Jentz and Cross, West’s Business Law, West Publishing Company).

You are not required to purchase the most recent edition. While purchasing the most recent edition is advisable, it is recognized that the student may have financial difficulties. In the judgment of the Professor, any of the past three editions of this textbook are sufficient as a tool of learning. This is simply because the law that we are studying does not change that rapidly. Most of the changes in the newer editions are simply changes in the cases and case illustrations. Most of the substance of the law has been in existence since before you were born and will remain the same long after you die! Why would you want to learn rules of law that change every couple of years? Yes, there are many subtle refinements in the law, but this course is not being taught for the purpose of training you to be an attorney nor to teach you any such subtleties and changes in recent law.

Major changes that are likely to have a serious impact on your life will be discussed by the Professor or given to you (for free) either in class or on the web page. The web page also contains guidance regarding how you might go about further research of the law that is either specific to the State of California or may not have been included in either the textbook or the content of this course.

B. All Professors recommend reading the textbook prior to coming to class. The professor doubts that he can “scare you” into doing so. Nevertheless, he offers a clear warning: “Pop quizzes” may well include multiple choice, true/false or short answer questions pertaining to the assignments that are required to be read prior to coming to class.

C. The textbook is also important because it contains many factual case illustrations that are of importance to your “practicing” the critical reasoning techniques that we are emphasizing in this course.

D. Reading judicial opinions offers further insight into the relevant law.

E. Reading the text material also offers a “different perspective” on some issues.
F. Reading the text material will also broaden your knowledge since it is a veritable impossibility for the Professor to lecture in class on all of the material as well as explain the provide critical examples. In addition, consider that the Professor’s primary objective is to teach the student how to “apply and retain” the law and to sharpen critical reasoning abilities.

G. For a student who cannot afford a textbook at all, there are some older-edition textbooks available at the library. In some cases, the Professor is even able to five the student a textbook.

XVIII. ASSIGNMENTS:

Read Chapters 1, 2, 3 and 4 for general background information. Remember that there are no multiple choice or case analysis exams specifically on these chapters.

During the first week of class read Chapters 5 and 6. These are clearly the most important chapters in the textbook that pertain to the mid-term.

After the mid-term: Read Contracts Chapters 9-18.

XIX. PROFESSORIAL ASSISTANCE:

A. OFFICE HOURS:

This class has been structured to enable the Professor and Teaching Assistants to meet with the students for up to 1 hour 15 minutes following each and every class period. The Professor will be instructing and managing Teaching Assistants with a goal of helping each student reach their goals and be successful in this class. The Professor and Teaching Assistants are also often available before class as well. The Professor, of course, will also have other regularly scheduled office hours.

The students are encouraged to attend as many office hours as possible. The Professor, with the assistance of the Teaching Assistants, will be forming small study groups to assist you in this course. In addition, you will receive assistance from the Professor and the Teaching Assistants on how to prepare for unannounced quizzes as well as case analysis exams.

B. WORKING WITH TEACHING ASSISTANTS:

The goal of the Teaching Assistants is to assist you in making your efforts in the course a success. The Teaching Assistants will be willing to give you advice, counsel and assistance on practice exams, review of course material and preparation for “pop” quizzes and major exams. It is their goal to help you succeed and to make this course more “personal.” Be careful to treat all Teaching Assistants with utmost respect. Any discourteous or rude treatment of Teaching Assistants may result in your dismissal from the course and a failing grade. The Teaching Assistants are there to help you. They are not there to be abused. If you have any serious problem with the Teaching Assistants or the course, please see the Professor personally.

C. RE-EVALUATION OF STUDENTS’ EXAMINATIONS AND QUIZZES:

All students are encouraged to meet with Teaching Assistants for review of their examination. Students are also permitted and encouraged to review examination responses of other students. A review of examinations of other students will not only be found to be educational, but will also enable a student to gain confidence in the adequacy of the evaluation of the student’s own exam.

D. GRADING APPEALS PROCEDURE:

1. Re-Evaluation of Exams:

Students in prior courses have been very pleased with the quality of the grading of their quizzes and examinations. Nevertheless, we wish to be certain that you personally are satisfied with the quality and integrity of the examination process. We would, therefore, encourage you to meet with Teaching Assistants to review your grade and rationale for the grade that you receive on any quiz or exam, even if you are satisfied with your grade. We would also encourage you to read answers of other students who have received higher, similar or lower grades. This will increase your confidence that our grading process is fair.

If, after you have reviewed answers of other students and have met with Teaching Assistants to review your exam answer, you have any doubt whatsoever about the correctness of the grade, we would encourage you to ask for a re-evaluation of your quiz or exam by following the “Grading Appeals Procedure” set forth below.

2. Grading Appeals Procedure:

Every quiz and case analysis exam will be graded by no less than two graders prior to the awarding of a grade. It is our sincere desire to thoroughly and competently evaluate every quiz and examination. The Professor also reviews most if not all of the exams graded by Teaching Assistants. The Professor always reads and grades all papers initially determined to be “D’s” or “F’s” by Teaching Assistants. The Professor’s initials will appear on all such papers. The Professor, of course, may give a grade of higher than “D” or “F” to such papers.

Given the size of the class, the Professor, even with the assistance of Teaching Assistants, spends many hours grading papers and auditing the quizzes and examinations graded by Teaching Assistants. In spite of our very best efforts, however, we recognize that errors can occur (although they are very few in number). Therefore, we offer the following procedure for review of quizzes and examinations. We ask only that a student hold a sincere belief that his or her quiz or examination has been incorrectly graded prior to requesting formal re-evaluation of the student’s quiz or examination.

A student who is dissatisfied with the evaluation of his or her exam shall follow the following procedure:

a. The student must review the quiz or examination of at least two “A” students and as many other students as the student desires.

b. Meet with one of the Teaching Assistants who originally graded the paper (their initials should be on the Blue Book).

c. If unsatisfied with the review, meet with the other Teaching Assistant who graded the paper.

d. If dissatisfied with the review, appeal to a Teaching Assistant who did not grade the paper. (The grade cannot be lowered -- only raised.)

e. If still dissatisfied with the review, appeal to the Professor. It is the genuine desire of the Professor that no student receive a grade on any quiz or exam that is in any manner unfair. Therefore, the Professor genuinely appreciates the effort of a student who has gone through this appeals procedure and requests the Professor’s review of the quiz or exam in question.

When an appeal is made to the Professor, the Professor, of course, may raise or lower the grade. Experience shows that it is unlikely that the student has not already received a fair grade. While the Professor is more than willing to raise the student’s grade if deemed appropriate, the student should be forewarned that, in the vast majority of cases, the Professor has either confirmed the correctness of the grade as is or has lowered the grade.

f. All requests for appeals must be made no later than one week (two class periods) following the day when the Professor or TA’s return papers, quizzes or exams to the student.

XX. OFFICE LOCATION AND OFFICE HOURS:

Location: Building 66 (Bronco Bookstore Building), Room 207
Office Hours: Tuesdays & Thursdays: 4:45 - 6:00 pm
Additional Office Hours to be announced.

XXI. TELEPHONE COMMUNICATIONS:

It is my intent to be reasonably available to you both during regularly scheduled office hours and other reasonable hours throughout the day and evening. Please do not hesitate to call my office at Cal Poly (909/869-2395) during regularly scheduled office hours. Also, please feel free to call me toll-free at my law office (888/752-7763). If I am unavailable, please leave a number and I will attempt to return your call. You may also call me at my home (760/951-8550) on any day of the week (including weekends) between the hours of 9:00 a.m. and 9:00 p.m.

IT IS MY HOPE THAT YOU WILL FIND THIS COURSE
TO BE AN EXCELLENT LEARNING EXPERIENCE.