- first revised.pdf

Syllabus S19 TORTS ADR sac.pdf

 

TORT LAW & ALTERNATIVE DISPUTE RESOLUTION: PARA 146

 

SYLLABUS

 

 

Course No.:                        PARA 146-63670

Course Name:            Tort Law & Alternative Dispute Resolution

Semester:                        Spring 2019

 

Time:                                    Thursdays 6-10:15 p.m.

Room:                                    A-205 (Cesar Chavez Building)

Final Exam:                        June 6, 2019 @ 6 p.m.

Office Hours:                        Thursdays from 4:30-5:30 in A-105

Instructor:                        David Sauber

E-Mail:                        Sauber_David@sac.edu or through Canvas.

Email messages will be answered as soon as possible. I will check my email two-three times per week. Weekend contact will be based on my on-line access. If you have general questions about Canvas operations or course content, please post a question in the discussion board as students are encouraged to answer each other’s questions.

 

 

Santa Ana College Mission Statement:

Santa Ana College inspires, transforms, and empowers a diverse community of learners.

 

Texts:

Tort Law For Paralegals, Sixth Edition, Neal R. Bevans, Wolters Kluwer (publisher)

 

Appropriate Dispute Resolution, William J. Barry, Wolters Kluwer (publisher)

I am absolutely in favor of you using the cheapest version of the books that you can find.  Research buying used versions (fifth edition of the Torts book will be fine), rent a copy, purchase an e version.  Whatever works best for you financially I am in favor of.  I will attempt to get a copy or two of the books on reserve in the library for you to have access to as well.

Link to print copy

Link to digital access copy

Course Description:

Intentional torts, negligence, strict liability, product liability, damages, immunity, and defenses to torts. Principles of insurance law and procedures for the investigation of personal injury cases. Principles of dispute resolution through negotiation, mediation, and arbitration. Students will mediate impartially and use tools to maximize negotiation effectiveness.

 

Learning Outcome:

Students will be able to do the following:

• Define, describe, and identify intentional torts;
• Define, describe, and identify negligence;
• Understand various major defenses to tort causes of action;
• Conceptualize and describe the types of damages sought in a variety of tort cases;
• Describe how a law firm prepares a tort case for trial;
• Understand and describe principles of dispute resolution including negotiation, mediation, and arbitration.

 

 

Course Objectives:

Students will understand the paralegal's role in the law office regarding tort and alternate dispute resolution.

 

Course Methods:

All material required for exams will be covered during course lectures and/or in assigned reading material. Other materials, printed or digital (statutes, court decisions, newspaper articles, etc.) will be distributed to supplement lessons.

 

Exams:

There will be three exams given during the semester. The final exam will be cumulative. A SCAN-TRON form and number two pencils must be supplied by the student for each exam.

 

Without a valid written medical excuse from a physician, a student who does not take an exam on the scheduled date will be permitted to make-up the exam at the next class session and will receive a ten percent (10%) reduction in points on the exam. No make-up exam will be permitted more than one class session after the originally scheduled exam date. A student may make up no more than one exam per semester without a valid written medical excuse from a physician.

 

Homework/Projects/Participation:

Students are expected to have read the assigned material as indicated on the course schedule prior to each class session. Students may be called upon randomly to answer questions about the assigned reading during class.

 

One assessment project will be assigned. The assessment project must be typed. NO handwritten work will be accepted. Each student is responsible for obtaining and submitting assigned project, even in the case of absences. The assessment project will due at the beginning of class on the assigned date, unless otherwise indicated by the instructor. Without a valid written medical excuse from a physician, a project that is turned in late will be subject to a ten percent (10%) reduction in points for the project. A late submission must be accompanied with a written explanation for the late submission. No project will be accepted more than one class session after the due date.

 

On a regular basis, students will perform in-class assignments. These assignments will cover material we have gone over in previous classes or the material we are studying that class session. Each assignment will be worth two points. There will be NO MAKE-UPS for these in-class assignments without a doctor’s written note. The in-class assignments may be a mix of solo work and group work. These in-class assignments may account for up to a total of ten (10) points towards your total score for the class.

 

Extra Credit:

Extra credit may be assigned during the semester, but there is no assurance that such extra credit will be offered. We will revisit this subject after the first exam.

 

 

 

 

 

Attendance & Participation:

Attendance & participation is very important, as the lecture notes are the primary source for test questions. It is the student’s responsibility to withdraw officially from a course. However, because of enrollment demand a student may be dropped by the instructor when not appearing at the first class meeting or not participating in the first course activity designated to account for active enrollment. A student may be dropped for non-participation if they have missed in excess of 10% of the total course activities including but not limited to class attendance, discussions, assessments, etc.

 

Email Address:

It is essential that your email address be correctly posted on WebAdvisor. Confirm & update your email address if necessary. Make sure that you adjust your settings in Canvas to receive emails.

 

Mobile Devices:

To ensure consideration for all of us turn all phones and mobile communication devices OFF while in class. DO NOT text during class. If you use any such device during class (unless you have permission) you will have 2 options – I will take the device or you will be asked to leave class for the remainder of the day. Should this become a persistent problem I will ask you to leave class for 2 class meetings and refer you to the Dean of Students.

 

Video taping during class is not allowed.

 

Honesty Policy:

This course allows you to utilize resources available to you to complete the coursework. Be sure to site any online sources or material you use for your assignments (e.g. website, author, date). The work you submit should be your own. Students at Santa Ana College are expected to be honest and forthright in their academic endeavors. To falsify the results of one’s research, to steal the words or ideas of another, or to cheat on an examination, corrupts the essential process by which knowledge is advanced.

 

In cases where a violation of academic honesty is discovered, the faculty member is encouraged to file an “Academic Misconduct Incident Report” form and distribute the form to the appropriate offices listed.

There are two categories of sanctions: Limited and College-wide. Limited sanctions include an academic action such as assigning a lower grade or a grade of “F” for the assignment, project, or test. College-wide sanctions include any sanction that will affect a student’s standing with the college-at-large, up to and including suspension or expulsion from the College.

 

For further information, please refer to the SAC Catalog.

 

 

 

 

 

 

 

Accommodations for Disabilities:

 

Your success in this course is important to me. Santa Ana College and I are committed to providing reasonable accommodations for all individuals with disabilities. If you have a disability that may have some impact on your ability to do well in this course, I encourage you to speak with me as soon as possible. Also, please contact Disabled Student Programs & Services so that we can all collaborate on your classroom accommodations in a timely manner. DSP&S is located in vl-203 and their phone number is 714-564-6264. The DSP&S office requires documentation of your disability in order to receive reasonable accommodations. If you do not have documentation they will work with you to acquire it. I look forward to supporting you to meet your learning goals.

 

IMPORTANT DATES (PLEASE Verify These Dates Yourself):

Start Date	14 February 2019
End Date	06 June 2019
Last Day to Add (add code required)	24 February 2019
Last Drop Date with 'W'	12 May 2019
Last Drop Date without 'W'	24 February 2019
Last Date to get Refund	12 February 2019

 

 

 

Grading:

90-100%            =            A

80-89%            =            B

70-79%            =            C

60-69%            =            D

0 -59%            =            F

Total test points                        =            100 (approximately)

Final Exam points                        =            75 (approximately)

Total project points                        =            50 (approximately)

In-Class Assignments             =            10 (approximately)

Total class points                        =            235 (approximately)

 

CLASS SCHEDULE, READING ASSIGNMENTS, AND TEST DATES

 

Tort Law & Alternative Dispute Resolution: PARA146

Semester: Spring 2019 (Thursdays 6-10:15 p.m.)

Instructor: David Sauber

 

WEEK	DATE	TOPIC[S]	TEXT CHAPTER
1	2-14	Introduction/Review Syllabus/Overview of Class An Introduction to Tort Law	1
2	2-21	Intentional Torts; Defenses to Intentional Torts	2, 3
3	2-28	Introduction to Negligence; Duty; Breach of Duty	4 (Read only chapter); 5, 6
4	3-7	NO CLASS; Assignment will be posted: Will discuss on 2/28	Prepare assignment for submission at next class, 3/14
5	3-14	Proximate Cause	7
6	3-21	Exam One (Chapters 1-7); Damages	8
7	3-28	Damages; Defenses to Negligence	8, 9
8	4-4	Strict Liability & Products Liability	10
9	4-11	SPRING RECESS	NO CLASS
10	4-18	Defamation	11
11	4-25	Malpractice	12
12	5-2	Fraud, Misrepresentation, Business Torts	14
13	5-9	Exam Two (Chapters 8-12, 14); Understanding Conflict; Litigation	1, 2
14	5-16	Understanding Conflict; Litigation; Negotiation	3
15	5-23	Mediation Arbitration	4
16	5-30	Arbitration; ASSESSMENT PROJECT DUE	5
17	6-6	FINAL EXAM: Cumulative