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Law Courses |
| 1L Required Courses |
LAW 5101 Introduction to Law | 1 Credits
Presents the beginning law student with an overview of the structure and operation of the United States’ legal system and provides him or her with the opportunity to examine the methodology and reasoning utilized by the courts. The student is introduced to legal reasoning and analysis and to “thinking like a lawyer.”
Learning Outcomes: - Introduce self and explain course expectations.
- Integrate the issue statement in a judicial decision with the facts of the case.
- Apply the IRAC analysis format to a judicial decision.
- Analyze a hypothetical fact pattern using the IRAC formula.
- Evalute procedural history in the judicial system.
- Evaluate the relevance of a legal precedent to a given fact situation.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Evaluate the various sources of law.
- Examine the Court System.
- Examine policies in law.
- Examine and understand Legal Reasoning.
- Evaluate Majority, Plurality and Dissent decisions.
- Evaluate Common Law and Statutory Law.
- Integrate course concepts in the form of an essay.
- Identify case citation, rule of law and dicta.
- Examine necessary habits for good legal writing.
- Evaluate and understand perspectives of judges and lawyers.
- Compare the operational system of the United States Federal and State legal systems.
- Identify skills and tips for studying law.
- Integrate course concepts in the form of a lecture.
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LAW 5111A Contracts I | 3 Credits
Covers the basic principles of contracts. Includes elements of a contract, and enforceability issues including consideration, reliance, restitution and reformation. Issues related to bargaining, including capacity, unfairness, and unconscionability are considered, as are the need for a writing. Remedies are studied, including specific performance, limitations on damages, and liquidated damages.
Learning Outcomes: - Evaluate and understand enforceable promises.
- Identify, examine and understand the significance of consideration.
- Evaluate and comprehend the concept of reliance in contracts.
- Integrate the elements of an assigned case into the format of a legal brief.
- Evaluate facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Synthesize course concepts through interaction and discussion with other learners and Faculty Mentor.
- Integrate course concepts into a comprehensive format.
- Examine and comprehend “enforcement” concepts including restitution and reformation.
- Examine and understand the elements of the bargaining process.
- Evaluate and comprehend the concept of assent.
- Evaluate and comprehend the concept of offer.
- Evaluate and understand acceptance.
- Examine and understand the limitations of acceptance including termination of the power of acceptance.
- Examine and understand the significance of forms in the Battle of Forms and UCC.
- Identify, evaluate and understand precontractual liability.
- Evaluate and comprehend the requirements and scope of the Statute of Frauds.
- Examine and understand requirements for contractual capacity and unfairness.
- Evaluate and understand the scope of overreaching and pressure in contractual bargaining.
- Identify, examine and understand elements for concealment and misrepresentation of a contract.
- Examine and understand adhesion contracts.
- Evaluate and understand the elements of unconscionability.
- Evaluate and know the public policy underpinnings for policing a contract.
- Examine and understand the requirement of definiteness for an enforceable agreement.
- Introduce self and objectives for the course.
- Synthesize course concepts through the use of analytical lessons.
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LAW 5115 Criminal Law | 4 Credits
The principles of Criminal Law are traced from common law to their modern application. Content includes: criminalization, definition and classification, offenses against the person, offenses against the habitation, offenses against property, imputability, responsibility, and special defenses.
Learning Outcomes: - Synthesize the concepts of criminalization, definition and classification.
- Examine, compare and contrast assault and battery, abduction, rape, false imprisonment, kidnapping, mayhem and dueling.
- Evaluate and explain the elements of burglary, arson, and other offenses against the habitation.
- Evaluate, organize and understand the elements of larceny, robbery, embezzlement, false pretenses, theft, receiving (or concealing) stolen property, computer crime, malicious mischief, forgery and uttering a forged instrument, counterfeiting, and extortion.
- Identify, explain, and analyze the following categories of criminal offenses, showing the elements of each offense within the category: offenses against morality and decency, offenses against the public peace, and offenses affecting the sovereignty or the administration of governmental functions.
- Evaluate, compare and contrast the following: act, attempt, negative acts, conspiracy, agency, incorporation, parties to a crime, and causation, and explain the requirements of each.
- Synthesize the various types of legal responsibility, including mens rea, criminal negligence, specific intent, malice, knowledge (scienter), willfulness, strict liability, unlawful conduct, and transferred intent, including the elements of each and an explanation of the importance of the concurrence of mens rea and actus reus.
- Compare and contrast various limitations on criminal capacity, including immaturity (infancy), mental disease or defect (insanity), drunkenness (intoxication) and coverture, including the elements of each, presenting the result in outline form.
- Examine, understand and explain the different circumstances which can operate to modify legal responsibility, including ignorance or mistake of law or of fact, impelled perpetration, consent of the other party, and guilt of, conduct of, or condonation by, the injured party.
- Evaluate, comprehend and present the special defenses of necessity; duress; defense of self, others, the habitation, and property; entrapment; and for prevention of crime; as well as defenses available to public authority and to domestic authority; the elements necessary to prove each.
- Summarize each assigned case in the form of a legal brief which analyzes the facts of the case in light of the law relied upon by the Court.
- Analyze variant fact situations from assigned cases with reliance upon applicable law.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Discuss the learner’s personal interests and relate them to this course.
- Organize the elements of the assigned case into the format of a legal brief.
- Integrate the course concepts into a comprehensive format.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Evaluate, compare and contrast homicides.
- Synthesize course concepts into lecture format.
Course Concepts: Learners will understand major concepts of...
· Substantive criminal law
· Homicide
· Offenses against the person
· Offenses against the habitation
· Offenses against property
· Offenses against morality and decency
· The necessity of an act
· What constitutes an act
· Mens Rea
· Criminal negligence
· Particular states of mind
· Specific intent
· Responsibility: limitations on criminal capacity
· Modifying circumstances
· Special defenses
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LAW 5110A Torts I | 3 Credits
This course examines the laws relating to civil liability for intentional and negligent wrongs. Emphasis will be placed on the development of liability, intentional interference with person or property, privileges, negligence, causation in fact, and proximate or legal cause.
Learning Outcomes: - Evaluate and understand intentional harm to another, including assault, battery and false imprisonment.
- Compare the various privileges excusing otherwise tortious conduct, including consent, self-defense, recovery of property, necessity, and authority of law.
- Examine the law of negligence, organizing the elements of a cause of action and evaluating the various standards of care.
- Examine causation in fact, including proof of causation, concurrent causes, and the problems in determining which party caused a particular harm.
- Analyze proximate legal cause, including unforeseeable consequences and intervening causes.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and share your objectives for the course.
- Analyze a given judicial opinion and summarize it in the form of a case brief.
- Synthesize course concepts through a movie critique.
- Examine and comprehend intentional infliction of emotional distress.
- Evaluate and understand Trespass to Land and Chattels.
- Evaluate and understand Conversion.
- Synthesize course concepts through the use of analytical lessons.
- Evaluate facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5111B Contracts II | 4 Credits
This course continues the study of common law contract law. Because of the importance of the Uniform Commercial Code to commercial enterprise and because of its complexity, CalSouthern dedicates an entire course to it, LAW 5143, Uniform Commercial Code. The contracts courses (both I and II) refer to the UCC where appropriate, but it is not a primary focus of these courses.
Learning Outcomes: - Compare and contrast various remedies for breach, including specific relief, measuring expectations, limitations on damages due to avoidability, foreseeability or certainty, and liquidated damages
- Analyze contract language, determining portions subject to interpretation
- Examine performance and breach of contracts, including the constructive conditions of exchange, mitigating doctrines, suspension of performance, prospective nonperformance, and assurance of due performance
- Compare and contrast mistakes in the basic assumptions of parties to a contract, including mutual mistake, impracticability of performance, and frustration of purpose
- Evaluate the rights of third party beneficiaries
- Compare assignment and delegation of rights and duties
- Construct a legal brief which diagrams the court's reasoning and analysis of an assigned case.
- Analyze a specific fact pattern with reliance upon applicable law
- Integrate the elements of an assigned case into the format of a legal brief
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor
- Introduce yourself and share your objectives for the course
- Synthesize course concepts through the use of analytical lessons.
- Evaluate and analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5120A Legal Writing I | 2 Credits
This course teaches the classic elements of a legal decision: Issue, Rule, Application and Conclusion and demonstrates the importance and use of each element. Students move from recognizing these elements in cases they read to identifying them in fact patterns and developing their own case analysis relying on these elements. This course guides the student to the development of clear, precise, well-organized written communication, integrated with substantive law.
Learning Outcomes: - Examine the policy, purpose and audience for legal writing, the case method of study, and the common law.
- Interpret legislation and examine the various methods of legislative analysis, including judicial interpretation and application of statutes.
- Analyze legal precedent, examine the IRAC method of legal analysis and apply to variant fact patterns.
- Analyze the format and elements of a case brief.
- Apply inductive reasoning to a given fact pattern.
- Analyze the essay examination, including the elements of an answer and techniques for writing.
- Examine the use of and contents of the typical law library.
- Examine the content of the office memorandum of law with emphasis on audience, purpose, perspective, format, and elements.
- Organize office memoranda and briefs with emphasis on format, relationships among multiple issues, progression within sections, and paragraphs.
- Examine legal writing style in the context of an office memorandum, with emphasis on clarity, precision, content, phrasing, review and revision.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Demonstrate competence in applying plain English principles (e.g., omission of surplus words, use of base verbs, active voice, and short sentences) through completion of assigned written exercises.
- Introduce yourself and share your objectives for the course.
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LAW 5110B Torts II | 5 Credits
This course examines laws relating to civil liability for intentional and negligent wrongs as well as strict liability. Emphasis will be placed on negligent interference with persons or property, the development of strict and products liability, joint tortfeasors, damages, and their corresponding defenses.
Learning Outcomes: - Differentiate between satisfaction and release, contribution and indemnity, and apportionment of damages.
- Synthesize readings, lectures and notes for Intentional Torts and Negligence.
- Determine the applicability of privity of care and the appropriate duty of care in a given circumstance.
- Integrate a specific level of duty with the party to whom it is owed: trespassers, licensees and invitees.
- Identify duty of owners and occupiers of land to persons outside of the established categories.
- Examine modern treatment of categories.
- Compare the duties of lessor and lessee.
- Assess the appropriateness of damages.
- Differentiate wrongful death actions from survival actions.
- Differentiate the various defenses: contributory negligence, comparative negligence, and assumption of risk.
- Recognize defenses such as statutes of limitations and various immunities.
- Compare the various concepts that arise under vicarious liability.
- Examine the applicability and limitations of the law of strict liability.
- Assess the theories of recovery for products liability and the methods for determining product defects.
- Examine the proof, defenses and legislation required for a products liability case.
- Differentiate the various forms of privacy.
- Identify basis for a civil rights action.
- Determine elements that comprise Misuse of Legal Procedure.
- Recognize the basis for liability in Misrepresentation.
- Examine the type of acts and relationships that are actionable under Interference with Advantageous Relationships.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Examine the basis for an action based on defamation.
- Analyze liability associated with nuisance.
- Synthesize course concepts through a case brief.
- Synthesize course concepts through the use of analytical lessons.
- Evaluate facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5120B Legal Writing II | 2 Credits
This course is a continuation of Legal Writing I. It is designed to provide the practical guidance and experience, in writing legal correspondence and applying law to facts, needed in writing essay exams for school substantive courses, for bar exams, and for the practice of law. Emphasis will be placed on creating legal documents that integrate law and facts. In this course, we strive to provide you with specific techniques and strategies for accomplishing these goals.
Learning Outcomes: - Examine legal precedent and the IRAC method of legal analysis and apply to a fact pattern.
- Review and understand the components of a legal memoranda and the IRAC method.
- Apply deductive reasoning to a given fact pattern.
- Examine the content of the office memorandum of law with emphasis on audience, purpose, perspective, format, and elements.
- Examine legal writing style in the context of an office memorandum, with emphasis on clarity, precision, content, phrasing, review and revision.
- Analyze presentation, quotation, and citation to legal authority, including citation form, effective presentation of authority, and use of quotation.
- Examine the ethics of advocacy.
- Compare and contrast styles of persuasive legal writing.
- Compare and contrast legal pleadings.
- Examine the motion for summary judgment, including its procedural context, legal standards, format, statement of facts, and supporting evidentiary materials
- Examine the motion to exclude evidence before trial.
- Compare standards of appellate review.
- Examine effective appellate advocacy through the use of the brief.
- Analyze the fundamental components of legal contracts.
- Examine the purpose, audience, writing style, and format of advice letters.
- Analyze the purpose, audience, tone, writing style, and format of demand letters.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Apply plain English writing principles through completion of assigned exercises.
- Synthesize the law, arguments and facts into the legal document.
- Develop and organize legal arguments.
- Introduce yourself and your objectives for the course.
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| 2L, 3L & 4L Required Courses |
LAW 5117 Legal Research | 4 Credits
An introduction to the theory and practice of legal research through library exercises and writing assignments. Emphasis is placed on the development of practical research skills through the use of all major types of research materials available to the legal practitioner.
Learning Outcomes: - Categorize the methods of legal research.
- Examine various federal and state court reporting systems.
- Evaluate and employ case verification and updating.
- Analyze and Locate cases by name, citation, or topic using various sources.
- Examine statutory publications and learn how to employ them in research.
- Examine constitutional law, legislative history and regulatory structures.
- Evaluate court rules and practice.
- Locate and utilize relevant legal periodicals.
- Understand the differences between law encyclopedias, restatements and hornbooks and be able to use them to locate relevant information.
- Utilize legal and non-legal research sources to find the necessary material.
- Implement various legal research strategies.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Integrate course concepts in the form of a Final Paper.
- Synthesize course concepts through the use of analytical lessons.
- Introduction of self and learner goals to Faculty Mentor.
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LAW 5123 Constitutional Law I | 4 Credits
An examination of the United States Constitution with an emphasis on the role of the Supreme Court, the powers of Congress, the distribution of national powers, economic rights, and state action.
Learning Outcomes: - Integrate the history of the Constitution with major national historic events.
- Evaluate the role of the Supreme Court and judiciary in the national government.
- Examine and understand the powers of Congress.
- Evaluate and differentiate Federal and local restrictions on commerce.
- Analyze the origin and development of Congress’s powers to tax and spend.
- Study and distinguish executive and legislative authority.
- Integrate course concepts in the form of a case brief.
- Synthesize course concepts through the use of analytical lessons.
- Differentiate “privileges” and “immunities” and interpret each in context.
- Evaluate issues of substantive due process and economic rights.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Evaluate federal executive powers.
- Examine the relationship between federal and state governments.
- Evaluate the principles and requirements for procedural due process.
- Evaluate State action under the Constitution.
- Integrate course concepts in the form of multiple choice questions.
- Synthesize course concepts in the form of a final examination.
- Introduction of self and learner goals to Faculty Mentor.
- Integrate course concepts in the form of a lecture
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LAW 5124 Constitutional Law II | 4 Credits
Continues the examination of the Constitution of the United States of America. Emphasis is placed on equality and the Constitution, implied fundamental rights, freedom of expression and freedom of religion.
Learning Outcomes: - Examine and study fundamental interests protected by the Equal Protection Clause.
- Understand substantive due process in light of both the equal protection clause and the more modern concepts of privacy, personhood and family
- Examine constitutional protections and limitations associated with the freedom of press.
- Evaluate the various underlying values, threats to and limitations of freedom of speech.
- Integrate the basic concepts of the free exercise of religion with required and permissible accommodations and differentiate between the latter two.
- Evaluate the various constitutional protections against discrimination and identify the level of scrutiny assigned specific classifications of people
- Analyze the changing concepts of equal protection.
- Integrate course concepts in the form of a case brief.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Synthesize and review course concepts.
- Synthesize course concepts through the use of hypotheticals and analytical questions.
- Introduction of self and learner goals to Faculty Mentor.
- Examine and understand the establishment clause.
- Integrate course concepts through lecture.
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LAW 5125 Property I | 4 Credits
Legal analysis of the law of real property, including first and subsequent possession, the system of estates, leaseholds, and transfers of land.
Learning Outcomes: - Distinguish between methods of first acquisition of property and evaluate the appropriateness of each to a given circumstance.
- Examine acquisitions of property by discovery, capture, and creation.
- Compare methods of subsequent acquisition of property and assess each in light of a particular situation.
- Examine acquisitions of property by find, adverse possession and gift.
- Distinguish between the various types of possessory estates.
- Compare future interests in the transferor and the transferee.
- Analyze contingent future interests.
- Analyze common law concurrent interests, including joint tenancies.
- Distinguish between the various forms of co-ownership, including joint tenancies and marital interests.
- Examine the law of landlord and tenant.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate master of legal analytical skills.
- Integrate course concepts in the form of a lecture.
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LAW 5126 Property II | 4 Credits
This course emphasizes the control of land use through private and public means, private land-use arrangements, a comparative study of servitudes, judicial zoning, legislative zoning, and the problem of regulatory takings.
Learning Outcomes: - Understand land transactions, including contracts of sale and deeds.
- Evaluate and understand the law of mortgages.
- Examine title assurance, and in particular, the recording system.
- Determine and study judicial land use controls including the law of nuisance and its ensuing remedies.
- Examine the law of zoning, including nonconforming use, variances, amendments, aesthetic regulation, and exclusionary zoning.
- Examine the power of eminent domain, including public use, physical occupations and regulatory takings.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Integrate course concepts and learn analytical skills by analyzing facts from a hypothetical and applying the applicable rule of law.
- Introduce yourself and explain your expectations from the course.
- Examine and study transfers and exchange of property rights.
- Evaluate and compare the laws and methodologies of land use controls.
- Define and learn the law of servitudes and in particular, easements.
- Appraise and study the law of servitudes including convenants.
- Evaluate and understand title assurance including registration of title and title insurance.
- Synthesize course concepts in the form of a final examination.
- Integrate course concepts in the form of a lecture.
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LAW 5121 Civil Procedure | 4 Credits
A study of common law civil procedure and its modern development including an overview of procedure. Emphasis is on jurisdiction and remedies.
Learning Outcomes: - Examine the principal areas of civil procedure, including jurisdiction, pleadings, parties, discovery, trials, and appeals.
- Analyze variant fact patterns and determine whether a court has personal jurisdiction over a party.
- Analyze variant fact patterns and determine whether a court has subject matter jurisdiction over a matter.
- Apply the Erie Doctrine to variant fact patterns.
- Examine incentives to litigate, including compensatory and liquidated damages, specific or declaratory relief, and provisional remedies.
- Explain aspects of the pleading process, including complaint, answer, amendments, and motions.
- Examine the discovery process and apply discovery rules to specific scenarios.
- Distinguish between different forms of resolution without trial, including default, failure to prosecute, voluntary dismissal, negotiation and settlement.
- Examine the roles of judges and juries in the civil litigation process.
- Examine procedural controls of rational proof, including burdens of proof and persuasion, judgments as a matter of law, exclusions, and jury instructions.
- Examine the appeal process and determine who can appeal, when a decision may be appealed, and the subsequent scope of review.
- Distinguish between claim preclusion, issue preclusion and collateral attack.
- Contrast joinder of claims with joinder of parties.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce self and explain course expectations.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Integrate course concepts in the form of a lecture.
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LAW 5116 Criminal Procedure | 4 Credits
Emphasis is placed upon the application of the Fourth, Fifth, and Sixth Amendments to the United States Constitution to state criminal proceedings as developed through the due process clause of the Fourteenth Amendment. Also covered are the exclusionary rules, arrest, search, and seizure, identification of suspects, bail, the right to counsel and the right to a jury trial.
Learning Outcomes: - Introduce yourself and explain your expectations from the course.
- Analyze the nature and scope of Fourteenth Amendment Due Process.
- Differentiate between the different roles of law enforcement officials, the legislatures, and the courts in the criminal process.
- Analyze the right to counsel, equality, and the adversary system.
- Criticize the role of counsel.
- Differentiate between arrest, search, and seizure.
- Distinguish wiretapping, electronic eavesdropping, and the use of secret agents to obtain incriminating statements, in the context of the Fourth Amendment.
- Analyze police 'encouragement' and the defense of entrapment.
- Analyze police interrogations and confessions.
- Distinguish between lineups, showups, and other pre-trial identification procedures.
- Analyze grand jury investigations.
- Explain the scope of the exclusionary rules.
- Analyze each assigned case in the form of a legal brief, applying the law relied upon by the Court to the facts of the case.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Demonstrate ability to perform legal research into current case law.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Synthesize course concepts into lecture format.
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LAW 5134 Professional Responsibility | 4 Credits
Presents the organization of the legal profession and professional responsibility in practice, forming the attorney-client relationship, advertising, solicitation, group legal plans and services, fiduciary duties and avoiding conflicts of interests.
Learning Outcomes: - Examine regulation of the legal profession, including admission to the bar and lawyer discipline.
- Examine the lawyer-client relationship, including billing, handling client property, and the duty of confidentiality.
- Analyze the duty of loyalty to a client and apply to various aspects of legal practice, including representation of multiple parties, conflicts of interest in criminal litigation, conflicts between client interests and the lawyer’s personal interest, duties owed to former clients, practicing as a government lawyer.
- Examine advising clients, including advising individual clients and business corporations, contact with represented and unrepresented persons, and negotiation ethics.
- Examine the ethical standards of the legal profession, including litigation tactics, disclosure of law or facts favorable to the other side, handling physical evidence, and perjurious clients.
- Analyze the delivery of legal services, including marketing professional services, the ethics of referral to a specialist, changing law firms, pro bono work, and class actions.
- Examine the ethical conduct of judges, including disqualifying conflicts of interest, and political candidacy of judges.
- Examine the ABA Model Rules of Professional Conduct and apply Rules to variant fact patterns.
- Examine the ABA Model Code of Professional Responsibility and apply the Code to variant fact patterns.
- Examine the ABA Model Code of Judicial Conduct and apply the Code to variant fact patterns.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce self and explain course expectations.
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LAW 5131 Wills, Trusts and Estates | 4 Credits
This course involves the law relating to the creation of wills and trusts, creation of the trust relationship, charitable trusts, resulting trusts constructive trusts, the power and duties of the trustee, alteration and termination of the trust, probate of wills, and administration of estates.
Learning Outcomes: - Examine the foundation of society’s control of inheritance through estate planning.
- Examine intestacy: an estate plan by operation of law.
- Evaluate issues of capacity and contests.
- Examine the formalities of wills: execution, revocation, and component parts.
- Evaluate nonprobate transfers, including revocable trusts, life insurance, pension accounts, and joint tenancies in realty.
- Analyze construction problems in wills, including mistaken or ambiguous language and changes in property after execution of the will.
- Evaluate restrictions on the power of disposition, including rights of the surviving spouse and issue omitted from the will.
- Categorize the various types of trusts, their characteristics and how they are created.
- Analyze and compare creation, release, exercise, and failure to exercise powers of appointment.
- Examine the classification and construction of future interests in the trust instrument.
- Assess the duration of trusts and examine the rule against perpetuities.
- Examine the nature, modification, and supervision of charitable trusts.
- Examine trust administration and fiduciary obligation, including the duty of loyalty, the duty of prudence, and the duty to inform and account to the beneficiaries.
- Integrate wealth transfer taxation principles through an examination of tax planning.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
- Synthesize course concepts into lecture format.
- Evaluate the rights of beneficiaries and their creditors to distributions from the trust fund.
- Examine the modification and termination of trusts and trustee removal.
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LAW 5133 Business Associations | 4 Credits
This course is an introduction to the principles of business associations, including partnerships, limited liability companies, and corporations. Agency is addressed, as well as legal issues surrounding formation, financing, and control of corporations. Detailed consideration is given to the fiduciary obligations of partners, rights of partners in management, corporate powers, the powers and duties of directors and officers, shareholder rights, and problems relating to consolidation, merger and dissolution.
Learning Outcomes: - Examine the law of agency, including the liability of principals to third parties in contract and tort.
- Analyze partnership, including fiduciary obligations of partners and the rights of partners in management.
- Examine the nature of corporations, including limitation of liability.
- Examine the limited liability company, including LLC operating agreements, piercing, fiduciary obligations, and dissolution.
- Compare the duties of officers, directors and other insiders.
- Examine control related issues, including proxy fights, shareholder voting control, abuse of control, transfer of control, and control in the context of closely held corporations.
- Compare mergers, acquisitions, and takeovers.
- Examine corporate debt, including incurrence, exchange offers, and redemption and call protection.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5141 Remedies | 4 Credits
This course covers a study of legal and equitable remedies, including general principles and the historical background of modern remedies, law of damages, unjust enrichment, restitutionary remedies, and remedies in context.
Learning Outcomes: - Examine remedial goals in various areas of law, including torts, contract breach, unjust enrichment.
- Examine the law of modern damages, including the nature of legal damages, proving the amount of damages, limitations on damages recovery, enhancement and adjustment of compensatory damages, and tort reform.
- Examine the equitable remedy of injunctions, including threshold requirements, injunction procedures, judicial discretion, contempt and the use of injunctions to enforce constitutional and public law.
- Analyze unjust enrichment and restitution, including legal restitution / quasi-contracts, equitable restitution, and related defenses.
- Examine restitution in transactions, disqualification of plaintiffs for rescission, lack of enforceable contract, and grounds for restitution.
- Examine contract and tort remedies, including the extent of damages.
- Examine breached sales agreements and compare and contrast buyer’s and seller’s remedies.
- Compare and contrast employer’s and employee’s remedies for breach of employment agreements.
- Examine remedies relating to property interests, including choice of remedy, calculation of damages, monitory recovery beyond compensation, specific recovery, and defenses.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate master of legal analytical skills.
- Introduce self and explain course expectations.
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LAW 5135 Evidence | 4 Credits
This course covers the common law, federal rules of evidence, and California law as it relates to the admission and the exclusion of evidence and its reliability on the basis of logic and policy. Special attention is paid to relevancy, real proof, testimonial proof, and hearsay.
Learning Outcomes: - Decide when an evidentiary objection is appropriate and should be made to protect the record.
- Assess the relevance of evidence, giving consideration to inference, probative value and prejudicial effect.
- Evaluate whether a specific piece of evidence violates the hearsay rule or falls into an exception or an exemption.
- Understand when the failure to raise an objection results in forfeiture of the objection.
- Analyze the relevance of a particular piece of probabilistic, character or habit evidence.
- Decide whether a witness can be impeached based on particular evidence and design methods of rehabilitating a witness.
- Apply the various privileges to determine whether specific communication is confidential.
- Compare various types of evidence to determine which satisfies the Best Evidence Rule and explain how to authenticate documentary evidence.
- Discriminate between competent and incompetent witnesses.
- Judge factual evidence to determine whether the Court can take Judicial Notice thereof.
- Compare and contrast the burden of proof and presumptions which apply in civil cases from that which applies in criminal cases.
- Examine the use and value of expert evidence and demonstrative evidence.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Introduce self and objectives for the course.
- Synthesize course concepts into lecture format.
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LAW 5132 Community Property | 4 Credits
Classification of property with the differentiation of separate and community property, the management and control of the community, debt and tort liability, and distribution upon dissolution of the community.
Learning Outcomes: - Examine and understand the development of the California community property system.
- Analyze and comprehend the development of the California tracing principle.
- Identify, assess and comprehend the significance of classification or property as community or separate.
- Evaluate and apply the presumption of acquisition during marriage.
- Examine and compare limitations on the classification process.
- Examine and understand the concepts of property within the community property system.
- Examine and identify persons within the community property system.
- Evaluate constitutional limitations on the classification process.
- Examine and understand distribution of commingled funds.
- Examine and compare installment and credit acquisitions.
- Examine and understand how to classify improvements.
- Evaluate and understand how to assess personal injury damage awards and employment related benefits.
- Examine and comprehend the rules for spousal management of property and creditor’s rights.
- Assess and comprehend the division of community property upon dissolution of the marriage.
- Evaluate and classify the distribution of community property at death.
- Analyze each assigned case in the form of a legal brief, applying the law relied upon by the Court to the facts of the case.
- Participate in class discussion forum offering your thoughts and opinions regarding the course concepts.
- Introduce self and explain expectations from the course.
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LAW 5143 Uniform Commercial Code | 4 Credits
The study of Articles I and II of the Uniform Commercial Code (UCC) related to the sale of goods. Analysis of the law relating to contract formation, enforced and breached when there is a transaction in goods; includes buyers and sellers remedies and the law of warranty.
Learning Outcomes: - Examine the basic concepts of the sale and lease of goods, including Articles I & II, “Transactions in Goods,” Merchants, and international sales.
- Examine and apply the factors involved in the formation of sales contracts between merchants, including the statute of frauds, parol evidence rule, and offer and acceptance.
- Compare and contrast various warranties, including warranty of title, warranties of quality, warranty disclaimers and limitations, defenses in warranty actions, and UCC warranties and the Magnuson-Moss Act.
- Analyze the terms of a sales contract, including filling in the gaps, identification of the goods, and terms related to risk of loss.
- Examine and explain contract performance, including installment sales, perfect tender rule, cure, rejection and acceptance, revocation of acceptance, and impossibility of performance.
- Examine and apply buyers’ and sellers’ remedies, anticipatory repudiation, and the statute of limitations.
- Analyze and compare documents of title, including warehouse receipts, bills of lading, due negotiation, and collection through banks.
- Examine letters of credit, including the duties and rights of the issuer.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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| 3L & 4L Elective Courses |
LAW 5142 Federal Income Taxation | 4 Credits
This is an introductory course in the fundamentals of federal income taxation. The materials covered will include the constitutional bases of income taxation; sources of federal tax law and use of tax research materials; identification of income subject to taxation; identification of the taxpayer liable for the tax and deductions in determining taxable income. Students will become familiar with the Internal Revenue Code as the fundemental source of federal tax law and develop the skills necessary for work with the Internal Revenue Code.
Learning Outcomes: - Examine the income tax and relevant provisions of the U.S. Constitution.
- Calculate gross income.
- Determine exclusions of gifts and inheritances.
- Examine employee benefits and awards.
- Analyze gain from dealings in property.
- Examine life insurance proceeds and annuities.
- Examine discharge of indebtedness from income.
- Evaluate income from damages and related receipts.
- Analyze the tax consequences of separation and divorce.
- Examine other exclusions from gross income.
- Examine assignment of income.
- Compare income producing entities.
- Discriminate between different business deductions.
- Examine deductions for profit-making nonbusiness activities.
- Compare deductions not limited to business or profit-seeking activities.
- Analyze restrictions on deductions.
- Examine deductions for individuals.
- Examine fundamental timing principles.
- Compare capital gains and losses.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5144 Corporate Taxation | 4 Credits
This course provides an introduction to the taxation of corporations and shareholders, including the tax aspects of corporation formation, distributions, partial and complete liquidations, and divisive and acquisitive reorganizations.
Learning Outcomes: - Compare the taxation of corporations & shareholders, including taxation of business entities in general, corporate income and alternative minimum taxes, and subchapter s elections.
- Explain the formation of a corporation, including nonrecognition of gain and loss under § 351, treatment of boot, and assumptions of liabilities.
- Analyze the capital structure of a corporation, including debt vs. equity and the character of gain or loss on corporate investment.
- Examine nonliquidating distributions, including cash, property, and constructive distributions.
- Compare redemptions and partial liquidations, including constructive stock ownership, testing at the corporate and shareholder levels, consequences to the distributing corporation, and redemption planning techniques.
- Examine stock dividends and § 306 stock, including taxation of stock dividends under § 305.
- Analyze complete liquidations, including liquidations under § 331 and liquidation of a subsidiary.
- Examine taxable corporate acquisitions, including stock and asset acquisitions, comparison of acquisition methods, and tax treatment of acquisition expenses.
- Explain acquisitive reorganizations, including statutory mergers and consolidations, acquisitions of stock, acquisitions of assets, triangular reorganizations, and multi-step acquisitions.
- Examine the tax treatment of corporate divisions, including use of § 355 in corporate acquisitions.
- Contrast the various nonacquisitive, nondivisive reorganizations, including recapitalizations, liquidation and reincorporation, change of identity, form or place, and insolvency reorganizations.
- Explain limitations on carryovers of corporate attributes and affiliated corporations.
- Compare various anti-avoidance provisions, including the accumulated earnings tax and the personal holding company tax.
- Examine the taxation of subchapter s corporations, including eligibility for and election, revocation and termination of s corporation status, distributions to shareholders, and coordination with subchapter c.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
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LAW 5157 Environmental Law | 4 Credits
This course will focus on the law of toxic and hazardous waste disposal and cleanup, and private causes of action for injuries suffered through environmental exposures. The course will also cover current legal problems surrounding the vast areas of environmental law.
Learning Outcomes: - Evaluate and compare different perspectives in environmental law.
- Evaluate and contrast different approaches to environmental protection.
- Examine and understand the Endangered Species Act.
- Relate the Constitution, federalism and environmental law.
- Evaluate and judicial review and the administrative process.
- Identify and examine government regulation of air quality.
- Examine and understand government regulation of water quality.
- Determine and recognize government regulation of the treatment, storage and disposal of hazardous waste.
- Examine and comprehend the regulation of toxic substances and genetically modified organisms.
- Analyze facts from a hypothetical and apply the applicable rule of law to demonstrate mastery of legal analytical skills.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
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LAW 5158 Domestic Relations | 4 Credits
This course will study the laws relating to marriage and the creation of a family, separation and the dissolution of marriage. This course is recommended for learners who would like to specialize in family law.
Learning Outcomes: - Compare the various, shifting notions of marriage and the family.
- Interpret concepts of courtship and marriage, including common law marriage.
- Analyze the changing roles of husband and wife, including transactions between spouses, support during marriage, torts and crimes between spouses.
- Examine matrimonial breakdown, including grounds for divorce and jurisdiction of divorce cases.
- Examine the financial aspects of marital breakdown, including alimony and property distribution, separate maintenance, division of property upon divorce, child support antenuptial and postnuptial contracts, tax issues and bankruptcy.
- Distinguish the legal and biological relationship between parent and child, including legitimate and illegitimate status, establishment of legal parentage, and procreative decision making.
- Compare and contrast parental and state responsibilities for children and evaluate increase in state involvement.
- Examine issues regarding child custody and the struggle for children, including visitation issues and the role of the judicial system in resolving custody conflicts.
- Examine termination of parental rights, including involuntary severance, adoption and placement.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and share your objectives for the course.
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LAW 5167 Alternative Dispute Resolution | 4 Credits
This course surveys the variety of methods for dispute resolution including mediation, negotiation, mini trials, panel evaluations, voluntary arbitration, and the use of special masters. This course will help learners understand a variety of approaches to resolving legal disputes and to encourage them to view litigation, not as the norm, but simply as another means of resolving disputes.
Learning Outcomes: - Examine various alternative dispute resolution procedures, including negotiation, mediation, and arbitration.
- Analyze variant fact patterns and recommend negotiation strategies.
- Analyze variant fact patterns and determine whether mediation is an appropriate means of resolving disputes.
- Examine arbitration and its application to various legal problems, including statutory and employment claims.
- Combine and apply negotiation, mediation and arbitration to hypothetical fact patterns.
- Examine the role of the courts in the alternative dispute resolution processes.
- Examine confidentiality in the context of alternative dispute resolution.
- Illustrate uses for alternative dispute resolution in the context of family disputes.
- Propose uses of alternative dispute resolution in the context of public disputes.
- Identify means to use alternative dispute resolution in international disputes.
- Integrate alternative dispute resolution techniques.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce self and explain expectations from the course.
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LAW 5171 Real Estate Transactions | 4 Credits
This course covers the basic elements of real estate transactions, using the residential transaction as a vehicle for exposing the fundamentals of real estate conveyancing, title assurance, secured financing and federal income taxation. Also addressed are commercial real estate transactions, financing and leasing techniques and current issues related to distressed properties and environmental regulation.
Learning Outcomes: - Examine the role of lawyers and brokers in real estate transactions.
- Examine contract performance with an emphasis on risk of loss, the statute of frauds, contract provision, remedies, damages, and rescission.
- Examine contract closing, including the formalities of transfer and liabilities that survive the deed.
- Examine title assurance, including the record system and title insurance.
- Analyze the financing of a real estate purchase, including associated forms, junior liens, transfers of mortgaged property and mortgage interests, and mortgage default.
- Examine federal income tax considerations relevant to the purchase and sale of real property.
- Examine the law of condominium ownership, including management and control, restraints on alienation, and restrictions on occupancy and use.
- Examine commercial land finance, including associated mortgages and leases.
- Examine properties in distress, including workouts, lender’s remedies and bankruptcy.
- Analyze the impact of environmental regulation on real estate transactions.
- Examine shopping center development, including assembly and finance, leasing and operations, and tenant rights and obligations.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
- Introduce yourself and explain your expectations from the course.
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LAW 5198 Legal Externship (3-4 Units) | 4 Credits
In this course the learner will have the opportunity to obtain practical experience in a legal setting (e.g., judicial clerkship, law office, public interest organization, government entity). The learner is responsible for arranging his/her externship, subject to approval by the Externship Coordinator. Can be repeated once.
Learning Outcomes: - Identify and describe work duties performed.
- Integrate reflections on interactions, observations, activities and work relating to the externship placement into a journal.
- Evaluate interactions, observations, activities and work relating to the externship placement.
- Record the day(s), date(s) and number of hours worked.
- Journalize Externship Orientation skills applied at externship placement.
- Create a law student portfolio.
- Synthesize externship experience, reflections, and faculty mentoring in the form of an Integration paper.
- Examine Professional Etiquette skills.
- Evaluate Time Management skills.
- Examine Timekeeping and Billing Practices.
- Evaluate File and Document Management.
- Examine Office Politics and Human Dynamics.
- Introduce self and explain course expectations.
- Synthesize course concepts through interaction and discussion with other learners.
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LAW 5199 Research Project (1-4 Units) | 8 Credits
This course allows students to design a graduate research project in law to facilitate focused learning on a topic of interest to the student. The project must be approved by the Dean.
Learning Outcomes: - Introduce self and explain course objectives.
- Examine and understand goal of a research project course.
- Determine and identify area of law learner will focus on for the research project.
- Identify topics or issues of interest to law learner within a specific area of law.
- Evaluate and comprehend proposed topics or issues.
- Evaluate and understand research sources for identified project.
- Find and evaluate best reference materials for identified project.
- Evaluate and outline research strategy and timeline for identified project.
- Examine and comprehend how learner's researched materials integrate into learner's overall research project.
- Examine and understand citation.
- Synthesize course concepts and researched material into a graduate project/term paper.
- Gather and integrate material from legal and non-legal resources into graduate project.
- Integrate reflections, ideas and analytical writings into graduate project.
- Evaluate and examine writings for proper grammar, punctuation and usage.
- Synthesize course concepts through interaction and discussion with other learners and faculty mentor.
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