Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace
C H A P M A N
U n i v e r s i t y C o l l e g e
INTRODUCTION TO LAW
Chapman University College at Irvine
POSU 240 Instroduction to Law & the legal System
Term B 2004, Th 1730-2230
Dr Leo Lovelace
COURSE DESCRIPTION
Law is the system of rules and principles governing the common interests and providing for the operating or procedural standards of a given community, as established by its recognized and legitimate authority, through the legislative, judicial, and generally accepted customary institutions of such a community, in this case the community of the people of the United States of America. In a cognitive sense, law is also the discipline of science which deals with the understanding of such a system of rules and principles, often designated by the concept of jurisprudence. We examine in this course the basic sources, functions, and fields of the system of the law of the United States through the jurisprudence of American federal and state courts, and the constitutions and legal codes of the Republic and its constituve States.
STUDY UNITS & COURSE CALENDAR
s1 March 18 COURSE INTRODUCTION AND ORGANIZATION.
s2 March 25 I WHAT IS LAW
1 Concepts, theories, and systems of law
2 Objectives of the law
3 Origins and characteristics of the law and legal systems of the United States
4 Ethics and law
s3 April 1 II SOURCES AND FUNCTIONS OF THE LAW
1 The judicial system
2 Institutional sources of the law in the United States
3 Conditions of justiciability
4 Judicial remedies
5 Administrative law and agencies
6 Alternative dispute resolution
s4 April 8 III CIVIL PROCEDURE
1 Proceedings before a civil trial
2 Civil trials
3 Rules of evidence
s5 April 15 IV CRIMINAL LAW AND PROCEDURE
1 Concepts or criminal law and the criminal sanction
2 Nature and components of the criminal offense
3 Basic of criminal procedure
4 Proceedings prior to trial
5 The criminal trial
s6 April 22 V FAMILY LAW
1 Legal concepts of family
2 Family relationships under law
3 Family relations in ongoing families
4 Ending relationships
s7 April 29 VI CONTRACTS AND PROPERTY LAW
1 Sources and concepts of contracts and contract law
2 Agreement, consent, capacity
3 Illegality, writing, performance
4 Remedies for breach of contract
5 Historical development of property and law of property
6 Property legal classifications
7 Government regulation and taking of property
8 Real property, personal property, bailments
s8 May 6 VII LAW OF TORTS
1 Sources and functions of tort law
2 Intentional torts
3 Negligence
4 Defenses to negligence
5 Strict liability
s9 May 13 CASE STUDY ESSAY PRESENTATION
REQUIRED TEXTS
. Introduction to Law and the Legal System, Frank A. Schubert (Boston and New York: Houghton Mifflin Co., eighth edition, 2004).
. Professor’s Instructions [Concepts, Cases, Questions, and Study Materials].
STUDENT PERFORMANCE REQUIREMENTS AND COURSE POLICIES
INDIVIDUAL ATTENDANCE:
Members of this class are free, of course, to decide their conditions of attendance, for as long as such decisions do not affect the class process. For purposes of the overall class and individual performance and grading, regularity of attendance is essential. Please read carefully the following policy standards applicable in relation to this attendance requirement:
. A minimum of 7 out the 9 seminar sessions of this course this Term must be fully attended to obtain a grade.
. Absences are not justifiable other than by documented family emergency –which does not include having to take care of a child or other family member–, medical emergency –which must be personal of the class member in question–, or accident emergency –meaning exclusively a vehicle accident during the driving time on the way to class, and excluding vehicle dysfunctions, theft, impoundment, and police stops.
. Class sessions attended partially are counted as absence, unless agreed otherwise with the Instructor.
. Depending on similar contingencies applicable to the Instructor, classes start sharp in time, not 1 or 3 or 5 minutes after.
. Arriving any time after the class has been started by the Instructor is considered to be late. Being late discounts 0.5 point from the attendance requirement.
. Arriving 20 minutes after the class has started without justification in terms of the stated contingencies is considered an absence.
. Leaving any time before the class is adjourned by, without previous agreement with the Instructor, is considered an absence.
. Other than non-attendance or partial attendance justified on the bases of the contingencies stated above, full attendance of 28 of the 30 sessions, plus the final examination session, scheduled for this seminar this Term is necessary to obtain a 4.0 GPA –or an A letter grade– in this course.
CASE PRESENTATIONS:
Participation in this course is a structured activity, in that everyone is assigned a case for purposes of presenting and discussing it in the class sessions, as scheduled. Throughout the Term, everyone must present the assigned cases, and be discussant of other cases as scheduled.
CASE STUDY ESSAY (TERM PAPER):
The case study essay is an original piece of review and research written by each individual student member of the class, on a case, or aspect of a case, of those which she or he may have presented or discussed, or otherwise agreed with the Instructor. The basic, standard rules on originality, reference and source quotations, and text notes, apply to and are a requirement, to be strictly observed, for the production of this essay. The length of the essay may vary from 10-page minimum to a maximum of 15-page, double-space original, including text notes and bibliographical references. The writing of the paper is a phased process conducted in close consultation with the Instructor, which involves the production of two drafts, according to the following schedule:
. 1st draft submitted: date –concept, basic rationale, work plan, and rough draft;
. 2nd draft: date –working draft including roughly complete core development sections, excluding introduction, conclusions, and text notes.
. 3rd final draft: date –complete document, including introduction, core developments sections, conclusion, and text notes.
The submission of the case study project – regardless of extent and quality– is a necessary requirement for obtaining a grade in this course.
General Analytical Framework for Case Presentations
and Case Study Essays
1 Summary facts of the critical or central episode.
2 Normative, legal, case law contexts of the event, the dispute, contention, or episode.
2 Background of events and contexts situations leading to the critical episode.
3 Interests at stake and claims or positions made by the parties involved.
4 Basic characteristics of the decision makers and the decisions and patternd of decisions made.
5 Outcomes of the decisions as they were carried out into action and of the patterns of events.
6 Nature of outcomes in relation to the controlling legislation and case law.
FINAL EXAMINATION:
The final exam is a closed-book essay to be written on any one of the substantive areas of study in this course, approached in terms of the questions previously established by the Instructor. The student may choose the area of study on which she or he will write this examination essay. The area of choice cannot be the same as that of the student’s case study for the term paper.
METHODS OF EVALUATION FOR DETERMINING GRADES
INDIVIDUAL ATTENDANCE: 27% [3 x 9]
CASE PRESENTATIONS: 39% [3 x 13]
CASE STUDY ESSAY (TERM PAPER): 34%
FINAL EXAMINATION: n. a. this Term
Instructional Criteria on the Final Course Grade
The final course grade may take into account the totality of circumstances of each individual student's work. These two general criteria on the course final grade are however standing:
1) Any student who has met in time all the basic material requirements of the course -attendance, case presentations, term paper, and final examination- will pass the course, unless contents conditions invalidate the assignment. Contents conditions which invalidate an assignment, and therefore may disqualify the student for that purpose, are: Persistent inappropriate conduct by the college standards, manifest and fundamental unrelatedness, and plagiarism or documented and intentional misrepresentation of contents authorship.
2) A letter grade A, or 4.0 grade point, which designates the maximum level of excellence for the course, is generally obtained as the result of an accumulated A or 4.0 grade point in each of the partial requirements -attendance, presentations, term paper, and final exam- for the satisfaction of the course
Instructional Evaluation Criteria for all Course Assignments
For purposes of evaluating and grading all course assignments -case presentations, case study essays or term papers, and final examination- the Instructor relies generally on the following basic criteria:
a) Presentation. Course assignments must be formally structured in terms of an introductory, a development sequence, and a conclusion.
b) Information and knowledge. Contents must be informative and demonstrate substantial command or knowledge of the specific questions addressed and their relation to their relevant issues, alternatives, and contexts.
c) Critical. The best contents involves elements of description, explanation, and analysis. The explanatory aspects or components, focusing on causal and comparative dimensions of the issues and the questions at stake, should also show a good level of critical capacity, in relation to facts, in relation to the logical requirements of consistency and coherence, and in relation to value frameworks and principles which may be paramount for or controlling on the issues or on the larger constitutional, legal, and public policy conditions at stake.
d) Analytical and evaluative. The aspects of explanation and analysis of contents -in case presentations, the term paper, and the final- are best dealt with when the student shows competence and command in distinguishing the elements, establishing basic categories and comparisons, and then reaching synthetic concepts to assess questions, reasonings, and the strength or adequacy of decisions.
STANDARD EVALUATIVE FRAMEWORK
PRESENTATION+ + + + -
INFORMATIVE + + + - -
CRITICAL + + - - -
ANALYTICAL+ - - - -
GRADEA A- B+ B B-
UNIVERSITY-LEVEL WRITING STANDARDS
The ability to express one’s ideas effectively is a hallmark of a quality higher education. Writing is, therefore, one of the central activities at Chapman University through which students accumulate, communicate, and demonstrate learning.
Unless otherwise indicated by the Instructor, all writing in Chapman University classes, from postings on electronic bulletin boards and PowerPoint presentations, to personal essays and formal research papers, will be evaluated on the minimal essentials of Standard American English grammar, word choice, spelling and punctuation, and on the integrity, creativity, reasonableness and accuracy of the information’s content. Academic expository writing differs from other forms in that it usually:
. Has a topic that is narrow enough in scope to explore in some depth in the space allotted,
. Focuses its presentations by means of a clear statement of purpose (thesis statement, hypothesis, or question posed by the Instructor) and logically organized sub-topic paragraphs or sections,
. Utilizes a sentence style that is appropriate for its intended audience,
. Employs arguments that demonstrate principles of sound critical thinking,
. Substantiates abstractions, judgments and assertions with specific illustration, facts, and evidence,
. Draws upon research whenever necessary and properly acknowledges the work of others.
Any material not original to the student must be cited in a recognized documentation format (such as APA [American Psychological Association], ASA, MLA, or the University of Chicago) appropriate to the particular academic discipline. For a quick reference to documentation standards for various fields you may refer to: Use of information of materials from outside sources without proper citation is considered plagiarism and can be grounds for disciplinary action. See the explanation of Academic Integrity below. All written work should be word processed or typed unless otherwise specified and carefully proofread.
ACADEMIC INTEGRITY
As a learning community of scholars, Chapman University emphasizes the ethical responsibility of all its members to seek knowledge honestly and in good faith. Students are responsible for doing their own work, and academic dishonesty of any kind will not be tolerated. “Violations of academic integrity include, but are not limited to, cheating, plagiarism, or misrepresentation of information in oral and written form. Such violations will be dealt with severely by the Instructor, the Dean or Center Director, and the Standards Committee. Plagiarism means presenting someone’s else idea or writing as if it were your own. If you use someone’s else idea or writing, be sure the source is clearly documented”. Other guidelines for acceptable student behavior are specified in the Chapman University College 2002-2003 Catalog.
AMERICANS WITH DISABILITIES ACT STATEMENT
Any personal learning accommodations that may be needed by a student covered by the “Americans with Disabilities Act” must be made known to the Instructor as soon as possible. This is the student’s reponsibility. Information about services, academic modifications and documentation requirements can be obtained from the Director of the Center for Academic Success at the Orange Campus at 714-997-6828 or from the Director of a Chapman regional campus.
CHAPMAN UNIVERSITY AND OTHER LIBRARY RESOURCES ONLINE
. Chapman UniversityThurmond Clarke Memorial Library
<
. Catalog Search <
. University of California System
< >.
SELECTED BIBLIOGRAPHY AND DOCUMENTATION RESOURCES
. Critical Legal Studies
< >.
. FindLaw:
-Cases and Codes
< >.
-U. S. Supreme Court Opinions by Year
< >.
-U. S. Constitution
< >.
-U. S. Code
< >.
. Juris < >:
-Cases and Statutes
< >.
. Law Journals on the Web
< >.
< >.
. Legal Information Institute, Cornel University < >:
-Fields of Law, Cases and Materials
< >.
-Critical Legal Theory
< >.
-Equity
< >.
-Feminist Jurisprudence
< >.
-Legal Education
< >.
-Legal Ethics Library
< >.
-Legal Research
< >.
-Legal Writing
< >.
-Legislation
< >.
-Supreme Court Cases by Area of Action
< >.
. LexisNexis
-Academic
< >.
. Library Search
-Chapman University Library
< >.
-University of California System
< >.
. The American Law Institute
< >.
. U. S. Code < >.
. U. S. Congress < >.
. U. S. Courts < >.
. U. S. Judicial Branch < >.
. U. S. Library of Congress < >:
-Law Researchers < >.
-Thomas Legislative Information < >.
COURSE OUTLINE
Part I. THE SYSTEM OF THE LAW
s2 MARCH 25
1 Concepts, theories, and systems of law
Case 11 E. I. du Pont de Nemours & Co., Inc. v. Christopher.
INSTR 1; LAW p18
Read: LAW 1-73; INSTR 1.
2 Objectives of the law
Case 12 Cruzan v. Director. INSTR 1; LAW 25
Case 13 Washington et al., Petitioners, v. Harold Glucksberg et al..
INSTR 1; LAW p32
Read: Read: LAW 1-73; INSTR 1.
3 Origins and characteristics of the law and legal systems of the United States
Case 14 City of Chicago v. Jesus Morales, et al.. INSTR 1; LAW p45
Case 15 Katko v. Briney. INSTR 1; LAW p59
Case 16 Suggs v. Norris. INSTR 1; LAW p65
Read: Read: LAW 1-73; INSTR 1.
4 Ethics and law
Case 17 Gregg v. Georgia. INSTR 1; LAW p75
Case 18 Pennsylvania v. Bonadio. INSTR 1; LAW p93
Part II SOURCES AND FUNCTIONS OF THE LAW
s3 APRIL 1
1 The judicial system.- 2 Institutional sources of the law in the United States
Case 21 United States v. Lopez. INSTR 2; LAW 203
Case 22 Baker et al. v. General Motors. INSTR 2; LAW 232
Read: LAW 198-237; INSTR 2.
3 Conditions of justiciability
Case 23 Belk v. U. S. INSTR 2; LAW 248
Read: LAW 238-276; INSTR 2.
4 Judicial remedies
Read: LAW 277-315; INSTR 2.
5 Administrative law and agencies
INSTR 2; LAW 660
Read: LAW 631-672; INSTR 2
6 Alternative dispute resolution
Case 24 Estate of John Skalka v. Mark Skalka. INSTR 2; LAW 683
Read: LAW 673-710; INSTR 2.
Part III CIVIL PROCEDURE
s4 APRIL 8
1 Proceedings before a civil trial
Case 31 Dorsey v. Gregg. INSTR 3; LAW 167
Case 32 Debra Clark v. Fredrick J. Klein. INSTR 3; LAW 170
Read: LAW 157-197; INSTR 3.
2 Civil trials
Read: LAW 157-197; INSTR 3.
3 Rules of evidence
Case 33 Terry L. LaGuesse v. Storytown U.S.A. Inc. INSTR 3;
LAW 179
Read: LAW 157-197; INSTR 3.
Part IV.CRIMINAL LAW AND PROCEDURE
s5 APRIL 15
1 Concepts of criminal law and the criminal sanction
Case 41 Loving v. Commonwealth of Virginia. INSTR 4; LAW 320
Read: LAW 316-382; INSTR 4.
2 Nature and components of the criminal offense
Read: LAW 316-382; INSTR 4.
3 Basics of criminal procedure
Read: LAW 316-382; INSTR 4.
4 Proceedings prior to trial
Case 42 Charled T. Dickerson v. United States. INSTR 4; LAW 350
Case 43 Crystal M. Ferguson v. City of Charleston. INSTR 4;
LAW 356
Case 44 Adams v. Williams. INSTR 4; LAW 361
5 The criminal trial
Read: LAW 316-382; INSTR 4.
Part V. FAMILY LAW
s6 APRIL 22
1 Legal concepts of family
Cases 51 Moore v. City of East Cleveland. INSTR 5; LAW 386
Read: LAW 383-456; INSTR 5.
2 Family relationships under law
Case 52 Zablocki v. Redhail. INSTR 5; LAW 391
Case 53 Burns v. Burns. INSTR 5; LAW 398
Read: LAW 383-456; INSTR 5.
3 Family relations in ongoing families
Case 54 Wisconsin v. Yoder. INSTR 5; LAW 417
Read: LAW 383-456; INSTR 5.
4 Ending relationships
Read: LAW 383-456; INSTR 5.
Part VI. CONTRACTS AND PROPERTY
s7 APRIL 29
1 Sources and concepts of contracts and contract law
Read: LAW 457-516; Instruct 6.
2 Agreement, consent, capacity
INSTR 6; Read: LAW 457-516; Instruct 6.
3 Illegality, writing, performance
Case 61 Principal Casualty Insurance Company v. Blair. INSTR 6; LAW 481
Case 62 Castorino v. Unifast Bldg.Products. INSTR 6; LAW 502
Read: LAW 457-516; Instruct 6.
4 Remedies for breach of contract
Read: LAW 457-516; INSTR 6.
5 Historical development of property and law of property
Read: LAW 579-630; INSTR 6.
6 Property legal classifications
Read: LAW 579-630; INSTR 6.
7 Government regulation and taking of property
Case 63 Dolan v. City of Tigard. INSTR 6; LAW 597
Read: LAW 579-630; INSTR 6.
8 Real property, personal property, bailments
Case 64 James W. Croskey v. Carl Leach. INSTR 6; LAW 623
Read: LAW 579-630; INSTR 6.
Part VII. THE LAW OF TORTS
s8 MAY 6
1 Sources and functions of tort law
Read: LAW 517-557; INSTR 7.
2 Intentional torts
Case 71 Estate of Berthiaume v. Pratt, M.D.. INSTR 7; LAW 519
Read: LAW 517-557; INSTR 7.
3 Negligence
Case 72 Weirum v. RKO General, Inc.. INSTR 7; LAW 539
Read: LAW 517-557; INSTR 7.
4 Defenses to negligence
Case 73 Carolyn Alford v. Wanda E. Lowery. INSTR 7; LAW 552