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Law 12- Spring 2017 - De La Garza

Page history last edited by abogado 7 years, 3 months ago

 

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Law 12 - Torts - Section #3322
On Campus Class

Meets on Mondays, 8:30 - 9:55 pm, CMS 204 

 Prof Jaime De La Garza - Activities Textbooks  
Read  Dear Online Student -  Study Guide and Welcome Message 
 

   

Assignments  

Instructor:           Jaime De La Garza,  Esq.

Office:                 No on campus office 

Office hours:      Wednesdays 4:00 – 5:00 PM by phone, email, or by appointment.

email                   jdelagarza4@gmail.com

Canvas                https://ilearn.laccd.edu 

Calendar             http://lamission.org

 

(Recommended Only - not required

Tort Law  By: Linda L. Edwards J. Stanley Edwards Patricia Kirtley Wells

ISBN:                  4th edition - 1428318496    ISBN-13: 9781428318496


Resource:           Summary of Torts - online resource - click here and print out as your textbook

 

Course Description:    Study of the law of torts including intentional torts, privileges, negligence, joint & several Liability, damages, defenses, liability without fault, product liability, strict liability, nuisance, trespass, economic torts, misuses of legal process, defamation, invasion of privacy, insurance, and workers' compensation.

 

Course Organization: Law I2 is organized into assignments, quizzes, and forum discussions. 


Grade Distribution

Quizzes = 40% of your grade

Assignments = 40% of your grade

Forum Discussions -  20% of points  


A = 90%

B = 80%

C = 70%

D = 60% 

A grade of C or greater is required to pass the class


Week 1 - Due 2/12/17


Week 2 - Due 2/19/17

  • read Overview of Tort Law
  • #2 Joist v. Mason case
  • #3 Three (3) Broad Categories of Torts
  • Test A - Letter of Representation 
  • forum discussion

Week 3 - Due 2/26/17

  • read Overview of Torts 
  • #4 Ashcraft case
  • Test #B - Barris case analysis
  • forum discussion

Week 4 - Due 3/5/17


Week 5 - Due 3/12/17

  • read Intentional Torts  
  • #7 - Defamation Cases
  • #8 - Madge v. Strident case
  • Test #D - Intentional Torts quiz
  • forum discussion

Week 6 - Due  3/19/17


Week 7 - Due  3/26/17

  • read Duty 
  • #10 - Attractive Nuisance
  • Test #G Dillon and Chen cases
  • Test #H Palsgraph case
  • forum discussion

Week 8 - Due 4/2/17

  • Read Causation
  • #11 Cahoon v. Cummons
  • Test #I - Bailor and Salvation Army
  • forum discussion  
  • Spring Break 4/3 - 4/9 

 Week 9 - Due 4/16/17

  • Read Defenses to Negligence
  • #12 - Defenses to Negligence Hypotheticals
  • #13 - Damages - Colson case
  • Test #J - State Farm v. Campbell
  • forum discussion 

Week 10 - Due  4/23/17


Week 11 - Due  4/30/17

  • Read Product Liability
  • #15 Discuss Product Liability Hypotheticals
  • Test #L - Merrill v. Navegar
  • forum discussion

Week 12 - Due5/7/17

  • Read Defamation
  • #16 Tort Teasers - Defamation
  • forum discussion

Week 13 - Due  5/14/17

  • Read Vicarious Liability
  • #17 Tort Teasers - Vicarious Liability
  • #18 - Bad Faith Case
  • forum discussion

Week 14 - Due 5/21/17

  • read Insurance and Bad Faith
  • #19 - Federal Preemption case
  • Test #M - Comparative Bad Faith as an Affirmative defense - Kransco case
  • forum discussion

Week 15 - Due 5/28/17


Week 16 - Due 6/4/17

 

Student Learning Outcomes:  Upon successful completion of this course, a student will be able to: 


1. Brief law cases in Torts, including intentional torts, negligence, strict liability, defamation, invasion of privacy,  and medical malpractice. 

2. Critically analyze and argue issues of  Torts,  including the above matters listed in #1. 

3. Prepare legal documents, forms or papers for initiating a tort lawsuit, along with a medical malpractice suit, suit for defamation, and invasion of privacy, along with preparing various motions including Motion to Dismiss, and Motion for Summary Judgment in a tort case.


Skill Level: College level reading and writing; ability to access the internet.  Necessary skills include proficiency using a word processing program, including spell checker, using a web browser, sending and receiving email, saving documents as RTFs (rich text format), uploading and attaching documents.   

Estimated Time per Week:  10 hours (see Carnegie Rule)


Class format: 
The class is entirely online. We use the canvas management system.     Carefully read our policies.

The class follows a weekly format.  There are many opportunities for you to participate and earn points to attain a good grade.  

Online classes require your attention and effort.  If you fail to log into the class during the first two weeks you will be excluded from the class.  There are activities and assignments each week; you will need to log into the class several times a week. 

To be a successful online/hybrid student, you need to do schedule a regular time for studying, read and complete on line activities, and more.  

 

Technical Requirements:  The minimum computer requirements are:  Computer, either a Macintosh or IBM compatible; modem, minimum 28.8, broadband or high speed internet access is preferred and is required to view the videos.  Software:  Web browser software, preferably Firefox 3.5 or Internet Explorer 8, an e-mail address and a word processing program. 

 
Get Firefox: http://www.mozilla.com/en-US/firefox/all.html 
Google Chrome - http://chrome.google.com  

Get a free email account at: www.mail.google.com

 

Students who do not have regular computer access may use computers in the campus Learning Resource Center.  Be sure to save all your papers and assignments on a flash drive.


Course Login:  https://ilearn.laccd.edu

 

First Assignment:  Introduce yourself to the class under the forum discussions for the first week.  This is where you will get to know your classmates. Post your introduction by Sunday evening, 11:59 pm of the 2nd week of class.   


Contacting Your Instructor:
  I check my email several times a day and respond to emails within 24 hours.  Please don’t hesitate to contact me with any questions; email me at: legaleagle53@hotmail.com in the subject line put: Law 12 #0319

 

2.  I am also available on phone on Wednesdays, 4:00 – 5:00 PM, all other times by email. 


Discussion Forums:
  The discussion forums are the main area for class participation.  The weekly discussions open on Mondays and close the following Sunday at 11:59 PM.  Initial posts are due by Wednesdays at 11:55 pm.  Initial posts should be at least two paragraphs in length (approximately 120-150 words), respond directly to the topic in a reflective manner, referencing the topic link and content provided, and applying the law or case materials.   Respond to at least two students to each forum by Sunday evening at 11:59 pm.  

CLASS BIOGRAPHIES/INTRODUCTIONS You will find your instructor's autobiography posted in the "Discussion Board" of the class website. Please post your bio/introduction in the discussion board by Friday of week one. In your bio, please be sure to include:
 
Your name  
Academic/Career Goals & Expectations of the class
How you found out about the class/program
Other items of interest, and 
Include any preliminary questions or concerns you have at this point. 

 

DISCUSSION FORUMS: Every week a discussion questions posted to the website "FORUMS." You are required to post a answer to each discussion question by Wednesday of the forum week. Further, you are required to post, at least, one response to two or more of your classmates' initial responses. You are not required to respond to every classmate. You may, although this is a decision each student will make.  

SOME SPECIFIC EXPECTATIONS ABOUT PARTICIPATION:

Class Meeting Discussions:

  • Please read, review, and reflect on each message PRIOR to posting to the forums. Remember: Others cannot get visual clues as to meaning, therefore, be careful in what and how you communicate.Once posted, messages cannot be deleted!
  • All postings to any meeting in this class are to be considered CONFIDENTIAL and for consideration and discussion only by members of this class.
  • Ask questions about areas of the subject that you wish to better understand or for clarification and/or amplification.
  • Read your classmates comments and presentations, and respond constructively.
  • Offer personal/professional experiences/observations relevant to the items being discussed.  

 

EXPECTATIONS FOR WRITTEN WORK

VOCABULARY - You are expected to read and understand the material presented in the assigned text and articles you locate. 

FORMAT - Papers submitted should be written in accordance with the APABluebook, or other recognized formatting style

GRAMMAR - Use active voice in your writing. Also use the spelling and grammar check feature of your Word Processor before submitting your papers. 
 

 


 Homework Assignments:  Assignments require you to read and brief law cases. Read the information on"briefing law cases". Below is the grading rubric for your case "briefs"


Students who plagiarize will receive zero credit on the assignment.


Quizzes:  The class is divided into weekly tests which require you to read information and apply it.  This is worth 40% of your grade.


Late Assignments  
 Our "Late Work"  Policy is firm.  

 

Dropping your class/Exclusion:  Check Academic Calendar for specified date to drop the class with a "W"

College regulations state that a student may be excluded from a course following accumulation of absences equal to a week of course work.  The 12th week of class is the last date a student may drop a class with a "W".  (or the 8th week in a "Late Start" class). Thereafter, the student must receive a grade in the class.

 

If a student has a accumulated score of 50 or below in the 12th week (or the 8th week in a "late Start" class) , it is deemed that the student has accumulated absences in excess of a week of course work, and the instructor MAY, but is NOT required to DROP the student from class, with or without notice. It is the sole responsibility of the student, and not the instructor, to drop the class

In addition, students who fail to login and post their introduction to class within the first (ten) days of class may be dropped from their online class. 

 

Website opens     Monday, 2/1/16      

 

 YOU MUST DROP THE CLASS YOURSELF ONLINE– OFFICIALLY –  Failure to do so may result in a grade of “F” in that class.


REGISTRATION INFORMATION Website – http://www.laccd.edu (Student Information System)
Admission Regular Office Hours (Subject to change) Monday and Thursday – 8am-5pm Tuesday and Wednesday – 8am-7pm Friday – 8am-12noon


Please note that a grade of C or higher is required for each of the 12 paralegal certificate classes.

 

Points will be posted on the class website after each activity closes. 

 

Reasonable Accommodation:   For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement.  The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732. There website is http://lamission.edu/dsps 


*PLEASE NOTE:  The District required earlier and revised deadlines starting Summer 2012.  A “W” will appear on your 
transcript record after this date.  

REMINDER: There is a new LACCD enrollment limit.  The limit is now three times to take a class and includes both substandard grades and withdrawals. (See Important Notice, page 3 of the College Catalog)
New 3 Repeat Rule
IMPORTANT NOTICE
All Students Please Read
Beginning Summer 2012: New 3 Repeat Rule

EFFECTIVE SUMMER 2012, course withdrawal (“W”) or a substandard  grade (“D,” “F,” or “NP”) count as an attempt at a course.  Only three attempts at any one course will be allowed, with some exceptions.  Listed below are the new rules that all students need to know about. 
• Students who drop or are excluded after the last day to drop without a grade of “W” will have a “W” appear on their transcript.  The “W” will count as an attempt for that course. 
• For the Spring semester, September 8, 2013 is  the last day to drop a 16-week semester length class without a “W.”  Students will be  able to drop a class online until this date. Contact the office of Admissions and Records for deadlines on late start, short-term and special program classes.
• A course in a student’s transcript which currently shows a recorded “W” counts as an attempt for that course.   
• Students will not be allowed to register for any course within the LACCD if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• Add permits for a course within the LACCD will not be processed if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• For courses specifically designated as “repeatable,” students may repeat up to three times (See Title 5 California Code of Regulations sections 55040, 55041, 58161).  
• Where the student’s number of enrollments in a course exceeds the allowable amount, the student may petition for an additional enrollment in cases of extenuating circumstances.  

What students should do: 
• Be sure you are academically ready for classes you enroll in.
• If you must drop a course, drop before the specifi ed deadline for dropping a class without a grade of “W.”


 

Reasonable Accommodation:   For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement.  The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732. There website is http://lamission.edu/dsps 
 

CheatingUnauthorized material used during an examination (including electronic devices), changing answers after work has been graded, taking an exam for another student, forging or altering attendance sheets or other documents in the course, looking at another student’s paper/answers/essay/computer or exam with or without their approval is considered cheating. Any student caught cheating will receive a zero for the assignment/exam and referred to the Department chair and/or Student Services for further disciplinary action.

 

Plagiarism. Plagiarism is defined as the act of using ideas, words, or work of another person or persons as if they were one’s own, without giving proper credit to the original sources. This includes definitions found online on Wikipedia, materials from blogs, twitter, or other similar electronic resources. The following examples are intended to be representative, but not all inclusive:

 

            Failing to give credit by proper citations for others ideas and concepts, data and information, statements and phrases, and/or interpretations and conclusions.
 

            Failing to use quotation marks when quoting directly from another, whether it be a paragraph, a sentence, or a part thereof
 

            Paraphrasing the expressions or thought by others without appropriate quotation marks or attribution
 

            Representing another’s artistic/scholarly works such as essays, computer programs, photographs, paintings, drawings, sculptures or similar works as one’s own.

 

 

For the first offense, you will receive a zero for the assignment in question. Any further offenses may result in expulsion from the class, as determined by the disciplinary action from the Office of Student Services.

 

Website opens      2/6/17 

 

 

SPECIAL ACCOMMODATIONS

If you require special accommodations for a disability, religious holiday, or any other reason please inform your instructor(s) within the first week of the course and we will accommodate you if at all possible. For accommodations due to disability, you must consult with the Disabled Students Programs and Services Office after which we will abide by their recommendations.

 

“MANAGEMENT OF STRESS AND MENTAL HEALTH: 

As a student, not only do you have the pressure of succeeding in school, you may also be contending with work, financial issues, relationships, managing time effectively, getting enough sleep, etc.  The staff and faculty of Los Angeles Mission College are here to provide support that will help you to be successful in your academic pursuits.  You can learn more about the broad range of confidential student services offered on campus, including counseling and mental health services, by either visiting the Student Health Center (SHC), which is currently located in the Bungalow just west of the Collaborative Studies Building*,  checking out the SHC webpage at:  https://www.lamission.edu/healthcenter/ or calling: 818 362-6182.
 

I also encourage you to enter the National Suicide Prevention Lifeline number (1-800-273-8255) into your cell phone in case you or someone you know is in distress and needs someone with whom to talk.

 

*Please note that the SHC is slated to move into its new location, between the President’s Office and Administrative Services, in the spring 2016 semester.”

 

 

COLLEGE RESOURCES FOR LAMC STUDENTS

see http://lamission.edu/de/student-services

 

 

  updated: 12/30/16

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

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