Text Reading Assignments

Readings are to allow students a basic understanding of the subject matter and as preparation for class discussions. Focus upon terms and cases in the text and learn to develop an analytical approach to the subject matter. Be prepared to discuss in-chapter, text terms and cases, Business Law Cases at chapter end, and other cases provided by your instructor. As you "brief" a case use PGA v. Martin (p. 13, focus on items 2-4) as a guide. This is the Socratic Method used by most law school professors.

Note Taking/Study Groups

Students are urged to take detailed notes from class discusions. It is suggested that students draft an outline of the subject matter from the text and incorporate lecture notes therein. This methodology has proved to be the most successful approach for studying the law.

Create study groups of 3-4 students. The study groups should meet before each exam. Each student will be responsible for a section of the Exam Review. The responsible student should present cases, provide definitions for terms, review past exams.

Examinations

Exams are both objective and short answer. Objective question-types will include multiple choice, and "fact situation--evaluations." Examples of the fact situation question-type will be provided. Questions are drawn from the following sources:

❒ Bring a #2 penci, pen, and student ID# to each exam.

❒ Exam booklets and scantron forms will be provided.

❒ One 8.5 -5.5 inch "cheat sheet" (front /back) can be used as reference for the midterm exams.

❒ One 8.5-11 inch "cheat sheet" (front/back) is allowed for the final exam day and time,TBA.

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Business Law Cases/Class Participation

Business Law Cases (at chapter end, hereafter referred to as "B-Law Cases") are assigned throughout the semester--consult the syllabus. Students should draft answers to the case questions and respond when called upon. The best response should follow this syllogistic formula when possible:

Applicable Law

Facts of the Case

Conclusion

EXAMPLE:

Applicable Law

I. Under California Community Property Law, personal property, real property, or individual income (income broadly construed as money earned through the efforts of a spouse) of either spouse acquired during the marriage is a community property asset with both marital partners acquiring a vested legal interest thereto. This legal interest is defined as an "undivided, one-half ownership right in the property."

II. While any community property asset may be transformed into another asset, the asset retains its community property status.

III. Any income generated from community property is deemed community property.

Facts of the Case

Roberto and Lulu were married in July 2004. In October of 2004 Lulu was invited to participate on a nationaly televised quiz program named Name that Game, whereby sports-related questions are given to three contestants and the first to respond correctly wins a cash prize. Over a five-week period Lulu won $36,493 based upon her vast knowledge of cricket, lacrosse, and boxing. With her winnings Lulu bought a new D.B. Cooper automobile for $25,000 and invested the remainder in a CD with APR of 2.5%. In December 2004 the couple divorced and a dispute arose over ownership rights. Who gets the car, the CD and the interest?

Conclusion

Under California Law income is broadly interpreted. Thus, game show winnings would probably be considered as income " earned through the efforts of a spouse" and thus a community asset (See I). It is not an unreasonable inference, then, that any property acquired by a community asset (the car) would retain its community property status. To hold otherwise would allow a spouse to alter the character of a community asset by simply making a purchase with their income (See II). Thus the car is a community asset with each spouse holding an "undivided, one-half ownership right" in this asset.

According to Paragraph II of the law, transforming the community income to an investment (the CD) should not alter its Community Property status. Lastly, Paragraph III applies to the CD interest. The interest derived (or generated) from a community asset takes the status of that asset. Thus, the CD (and the interest earned) should also be considered community property and subject to the laws above. The practical solution is to sell the vehicle, cash in the CD and distribute all proceeds equally between the spouses.

Not all B-Law Cases will fit cleanly and precisely within the syllogistic formula but try to use your legal reasoning skills for every case. Moreover, adopt a habit of consistent and thorough preparation of the B-Law Cases throughout the semester.

Grading

Case discusions and analysis (class participation) are an integral part of any law course. In my experience, it's particularly difficult to participate if you are not in class. An absence diminishes your learning experience, robs your classmates of your involvement, and lessens your instructor's ability to evaluate your analytical skills. Accordingly, a 25 point deduction will result for any absence excepts those related to job interview (internship) illness (documented), death (family), or marriage (yours). If one of these events occurs communicate to your instructor during the office hours immediately following the absence and hand in the late assignment (e.g., written answers to cases). Make it a policy to attend every class.

Professor's Web Site/Course Calendar/Website Materials

The website provides the syllabus and BA 491 on-line course materials. The course calendar reflect approximate dates for subject matter coverage. Please allow for flexibility. The Print: icon links to a pdf doc to be printed, reviewed, and brought to class.

Case of the Day

Each student will have an opportunity to brief (and present) a legal case during the semester. We will utilize the Socratic Method familar to all law students whereby students will be expected to have read the case but the presenter will stand and recite their brief.

The briefing process involves a distillation of the Key Facts, Issue, Holding, and the Court's Reasoning. A good source-template can be found on page 13 of the text; PGA Tour v. Martin.

All the cases for Case of the Day can be found on-line in the Case Appendix. On the first day of class, William Woo will present Gnazzo v. G.D. Searle & Co. p. 1040. Each presenter (every student will have this opportunity-see syllabus) should spend no more than 3-4 minutes briefing the case. Be prepared to respond to questions from classmates and instructor.

Legal Field Trip (paper due in class 2/21)

Below is the court schedule for the Honorable Judge Maria-Elena James, Federal Court, 450 Golden Gate Ave, S. F. Travel in pairs, threes, or a group. Take the #5 Fulton bus. Be there promptly at 9:30. Show respect for the judge and her court. No food, drink, cell phones, newpapers. You are allowed to take notes. Maximum, two-page paper, double spaced.

Court will begin promptly at 9:30 am on the 15th floor in Courtroom B. If there are any questions the Judge's Deputy Clerks, Brenda or Alicia, can be reached at (415) 522- 4698. The Judge handles mostly law and motion judgments regarding federal criminal and civil matters. See if the judge's calendar is on line to learn more about the cases.

"Take advantage Judge James' unique personality. She is knowledgeable, honest, admirable, but most of all down to earth. She is unlike any other judge that I have met in Federal Court." (Tim Giuliani, TA, Spring 2005)

Your individual (not a group project) write-up should include:

❒ Name of the case and parties

❒ Nature of the proceeding (motion, hearing, criminal or civil matter)

❒ Summary of the case (briefly)

❒ Resolution of the case (How did the judge handle the matter?)

❒ Your personal reflection of the event (this should be a unique contution)

A resourseful student would also have found pertinent information on defendant and the case, researched the applicable federal law on the matter, and interviewed the judge or her law clerk. If you are unable to attend on the syllabus date, pick another. I encourage the entire class (or as many as possible) to attend on the same date as practical.

Miscellaneous:

❒ Check your usfca.edu address early and often for information from your instructor. This is the only way we can communicate effectively.

❒ Grades are posted weekly on my bulletin board. Handouts, past assignments, and other important documents that you may have missed in class can be found in the plastic file on the bulletin board outside Malloy 240.

❒ I'm available by email scalised@usfca.edu for any issue related to grades, missed classes, and other academic issues.

❒ Don't hesitate to contact me