crju/pols 5500 - law and legal process

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COURSE SYLLABUS

ARMSTRONG ATLANTIC STATE UNIVERSITY

CRIMINAL JUSTICE 5500 U & G: LAW & LEGAL PROCESS

POLITICAL SCIENCE 5500 U & G: LAW & LEGAL PROCESS

Fall, 2008

Section: 1 (MW) 1:30 – 2:45 pm

INSTRUCTOR: BECKY KOHLER da CRUZ, J.D.

Assistant Professor of Criminal Justice

OFFICE: UH 219 PHONE: 344-2748 E-MAIL: Becky .

daCruz@Armstrong.edu

OFFICE HOURS: M/W 11:00 to 1:30, T/H 2:00 to 2:30, or by Appointment

PREREQUISITES:

Undergrad: CJ 100/CRJU 1010 or POS 113/POLS 1100 or Instructor permission.

COURSE DESCRIPTION:

Law as a dynamic social institution. Sources and functions of both civil and criminal law and operation of the legal process viewed from the perspectives of jurisprudence, political science and sociology.

COURSE RATIONALE:

A legal system is an integral part of a nation's political system. It provides mechanisms for implementing and reformulating public policies, for resolving individual and group conflicts, and for holding political and economic processes to certain standards of fairness. To understand the importance of our nation’s legal system we will examine how the law works in the administrative, legislative and judicial settings with a focus on substance and procedure but most importantly the function of law in society.

COURSE OBJECTIVES:

Upon the successful completion of this course, the UNDERGRADUATE STUDENT should be able to:

Discuss the role of law and the legal process as a stabilizing force in society;

Compare and contrast the civil and criminal judicial systems and how venue, jurisdiction and due process apply in each;

Follow the civil and criminal procedures as a case moves from pre-trial proceedings, jury selection, the trial itself, and the appeals process;

Discuss the judicial remedies available as well as the limitations that may prohibit a party from seeking judicial relief;

Compare and contrast the sources of American law;

Explain the concepts of family, contract, property, tort and criminal law;

Describe the alternative dispute resolution techniques;

Illustrate the relationship between law and social change.

The GRADUATE STUDENT will have achieved these objectives at a substantially greater depth.

REQUIRED TEXTBOOK:

Melone, Albert P. & Allan Karnes (2003). The American Legal System: Foundations,

Process, and Norms . Los Angeles, CA: Roxbury.

READING ASSIGNMENTS:

Week #1

Week #2

Introduction to the Course

Chapter 1: Law in Perspective

Chapter 2: Legitimacy & the Limits of Authority

Brief: Ben & Jerry’s Homemade, Inc. v. Coronet Priscilla Ice Cream

Corp . pg. 66-69

Week #3 Chapter 3: Court Organization & Jurisdiction

Brief: McCulloch v. Maryland pg. 93-99

Week #4

Week #5

Week #6

Week #7

Week #8

Week #9

Week #10

Chapter 4: Judicial Interpretation & Decision-Making

Brief: Lake v. Wal-mart Stores, Inc

Exam 1

Chapter 9: Alternative Dispute Resolution

Exam 2

. pg. 128-132

Chapter 5: Civil Suits for Money Damages

Brief: Daubert v. Merrell Dow Pharmaceuticals, Inc

Chapter 6: Equity Processes

Brief: Doe v. Anderson pg. 246-247

Chapter 7: Criminal Processes

Brief: Sheppard v. Maxwell pg 265-272

. pg. 198-204

Week #11

Week #12

Week #13

Week #14

Week #15

Chapter 10: Law of Torts

Brief:

Chapter 11: Property Law

Brief:

Taylor v. Gilmartin

Case briefs due

Chapter 12: Family Law

Brief:

Brief:

Brief:

O’Brien v. O’Brien

Chapter 13: Criminal Law

U.S. v. Hair

Paper Due

pg. 493-497

pg. 541-544

Chapter 14: Contract Law

Shields v. Gross

pg. 385-387

In the Matter of Albright pg. 443-445

pg. 563-567

Final’s Week

Exam 3

**Additional readings/handouts may also be assigned and related current legal issues discussed in class.

CLASS FORMAT:

This course will be conducted in a combination of Socratic method and lecture , with emphasis on student preparation and participation. Your participation in this course will be drawn out in the form of question and answer dialogs between the instructor and the students.

ATTENDANCE POLICY:

Students are expected to be present for all scheduled classes. You are responsible for all information not only in the textbook but also what is presented in class. If you miss a class , get the lecture notes from a classmate.

CLASS CONDUCT:

Students are expected to treat others with respect and dignity at all times. Any behavior, which is disruptive to the learning environment, is strictly prohibited. Beepers and cell phones disrupt the class, YOU MUST HAVE THEM TURNED OFF OR IN SILENT MODE. If you are disrupting the lecture for any reason, you will be removed from the classroom.

EVALUATION METHODS:

Both Undergraduate and graduate students will be required to complete the following:

1.

Case Briefs: Ten case briefs will be due Week #12 . See attachment for these cases.

2.

Class Presentation: Each student will be assigned to present the information in a designated chapter or case. See the attachment for the assignments.

3.

Critical Thinking Paper : Each student is required to prepare a 10-page research paper.

4.

Examinations: There will be three examinations during the weeks noted above .

Graduate students will additionally be required to do the following:

5. Book Review : A 10 page typed comprehensive book review is required. Due Week #14

6. Comprehensive Final: Must also complete a typed essay response to the open-book, take-home examination.

FINAL GRADE STANDARDS:

Undergraduates:

Case Briefs. . . . . . . . . . . . . 50 points

Graduates:

Case Brief . . . . . . . . . . . . . 50 points

Class Presentation . . . . . . .25 points

Paper . . . . . . . . . . . . . . . . . 75 points

Exam 1. . . . . . . . . . . . . . . 100 points

Class Presentation . . . . . . .25 points

Paper . . . . . . . . . . . . . . . . . 75 points

Exam 1 . . . . . . . . . . . . . . . 100 points

Exam 2 . . . . . . . . . . . . . . . 100 points

Exam 3 . . . . . . . . . . . . . . 100 points

450 points

Exam 2. . . . . . . . . . . . . . . .100 points

Exam 3 . . . . . . . . . . . . . . . 100 points

Comprehensive Final . . . .100 points

Book Review . . . . . . . . . . .100 points

650 points

You can earn a maximum of four hundred Fifty (450) points in this course for undergraduate students and six hundred fifty (650) points for graduate students. The approximate letter and numerical equivalents are as follows:

Grade

A

B

C

D

F

Undergrad.

Points

450-405

405-360

360-315

315-270

270-0

Grad.

Points

650-585

585-520

520-455

455-390

390-0

Percent

90-100%

80-90%

70-80%

60-70% below 60%

EXAMS:

There will be three examinations during the session. Each exam will be non-cumulative; that is, it will only cover class materials and the reading assignments from the date of the last exam. The exams will consist of multiple choice, short answer, and essay questions.

BOOK REVIEW (Graduate Students Only):

Graduate students will also review a book of their choice (in consultation with the instructor) on an issue(s) relating to class material. Reviews should be in-depth, thoughtful papers, approximately 10 pages in length, typed, and double-spaced. Writing style and referencing should adhere to scholarly guidelines. Book reviews should consist of an introduction, summary of the book, critique of the book, and should answer two questions: “How does this book ‘fit’ with other readings on the same topic?” and “How does this book contribute to law in society?” Application of the writings in the text are expected.

STANDARDS OF HONESTY:

The college experience is founded on the concepts of honesty and integrity. Dishonesty, cheating, and plagiarism will not be tolerated in this course . Plagiarism is representing someone else’s work as your own. It includes quoting or paraphrasing a secondary source without citing that source, or copying, buying, or stealing written work from another person or another source. All class writings must be a student’s own original work, created this semester for this particular course. Remember, plagiarism is not only immoral- it is illegal. Students who commit plagiarism or who cheat on an examination will receive a zero (0) for that work. If cheating and plagiarism continue, the student will receive a failing grade in the course. Such an offense will also become a matter of your academic record. So, DO NOT CHEAT!

MAKE-UP POLICY:

Students are expected to take exams and turn in their assignments on their assigned dates. Late briefs and papers WILL NOT be accepted for any reason. If you fail to take an exam on the designated date, your grade on the make-up exam will be reduced by 10 percent (1 letter grade).

A make-up exam will ONLY be given when the student, who has good reason for not taking the exam on the dedicated date, provides the professor advance notice or if the student has an extreme emergency. In no event will a make-up exam be given 1 week after the date in which it was given or upon the student’s return from the emergency.

EXTRA CREDIT POLICY:

Do not count on any extra credit in this course. You are expected to learn the core material as assigned. IF any extra credit is offered during the semester, it must be completed on or before the last day of class - it will not be accepted during exam week.

CASES TO BE BRIEFED

CIVIL PROCEDURE

Pennoyer v Neff 95 U.S. 714 [1877]

CRIMINAL LAW & PROCEDURE

Gideon v. Wainwright 372 U.S. 335 (1963)

CONTRACTS

Sullivan v O’Connor S. Ct. Mass. 1973

PROPERTY

Jordache Enterprises, v Levi Strauss U.S. D. Ct. NY, 1993

TORTS

Brown v. Kendall 60 Mass. 292 (1850)

PLUS

Five briefs from textbook which are covered in class – your choice which 5

PRESENTATION ASSIGNMENTS

25 Point Value

Charlotte Barrentine Chapter 1: Law in Perspective

Jenna Eagle

Alex Estridge

Chapter 2: Legitimacy & the Limits of Authority

Case Study:

Ben & Jerry’s Homemade, Inc. v. Coronet Priscilla Ice

Cream Corp . pg. 66-69

Josh Felice Chapter 3: Court Organization & Jurisdiction

Brief: McCulloch v. Maryland pg. 93-99 Catherine Hill

Sarah Johnson Chapter 4: Judicial Interpretation & Decision-Making

Case Study: Lake v. Wal-mart Stores, Inc . pg. 128-132 Jacquie Lamb

Kari McCarthy Chapter 5: Civil Suits for Money Damages

Case Study: Lake v. Wal-mart Stores, Inc . pg. 128-132

Gary Miller

Sheri Nolte

Harriet White &

Chapter 6: Equity Processes

Case Study: Doe v. Anderson pg. 246-247

Amanda Wilson

Dylan Wynn

Chapter 7: Criminal Processes

Case Study:

Case Study:

Sheppard v. Maxwell

Maryland v. Craig pg. 265-272

pg. 275-279

Annamaria Brancato Chapter 9: Alternative Dispute Resolution

Debbie Grubb

Jennifer Adams

Chris Buckner

Destiny Jerral

Paul Kauffman

Sarah Loskoski

Kimberly Reeve

Dana Spoto

Chapter 10: Law of Torts

Case Study:

Case Study:

Taylor v. Gilmartin

Chapter 11: Property Law

Christopher Levine Chapter 13: Criminal Law

pg. 385-387

In the Matter of Albright

Chapter 12: Family Law

Case Study: O’Brien v. O’Brien pg. 493-497

Case Study: U.S. v. Hair pg. 541-544

Chapter 14: Contract Law

pg. 443-445

Case Study: Shields v. Gross pg. 563-567

Antonio Young

Jordache Enterprises, v Levi Strauss U.S. D. Ct. NY, 1993

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