Perspectives on Legal Analysis & Writing
SPRING 2008 SYLLABUS
Hofstra Law School
T. Gardiner Pieper, Instructor
Class:
Books:
WEEK
Tuesdays 6:10 p.m. to 9:00 p.m.
Core Legal Doctrine ("CLD") by Professors Pieper (2008)
Strategies & Tactics ("S&T") by Walton & Emanuel (Aspen 2006)
2006 MBE Annotated available at www.ncbex.org
MATERIAL COVERED
READING AND OTHER ASSIGNMENTS
TO BE COMPLETED BEFORE CLASS
Week 1
January 15
Crim Law
Criminal Law: Mens Rea, Actus Reus,
Actors to a Crime, Conspiracy & Attempt
Read CLD pp. Crim Law - 1 to 21; read S&T
Crim Law (pp. 159-167) and Introduction pp.
vii to xxxvii.
Week 2
No class
1/22
January 29
Crim Law
Criminal Law: Homicide, Burglary,
Criminal Law Defenses
Review Criminal Law class notes from Week 1;
read CLD pp. Crim Law - 21 to 74; complete
MBE criminal law questions 2 - 4, 6, 11, 13-15,
19, 22, 23, 27, 28, 30, 32, 34, 35, 42, 43 & 46
in S&T (pp. 171-179); self-grade and review
answers.
Week 3
February 5
4th Amend.
Criminal Procedure: Scope of the Fourth
Review Criminal Law lecture notes from week
Amendment, Warrant Requirement, Warrant 2; read CLD pp. Crim Pro - 1 to 37; selectively
Exceptions
read NYAA Crim Pro cases in CLD pp. Crim
Pro - 72 to 132.
Week 4
Criminal Procedure: Right to Counsel,
February 12 Line-ups, Miranda Warnings, Exclusionary
5th & 6th Evidence Rule, Derivative Evidence Rule
Amends.
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Review Criminal Procedure class notes from
Week 3; read CLD pp. Crim Pro - 49 to 70;
complete MBE criminal law questions 24, 29,
31, 37, 40, 41, 44 & 45 in S&T (pp.170-178);
self-grade and review answers; write and
critique essay in CLD p. Crim Pro - 133.
WEEK
MATERIAL COVERED
READING AND OTHER ASSIGNMENTS
TO BE COMPLETED BEFORE CLASS
Week 5
Contracts: Elements of a Contract, Offer
February 19 and Acceptance, Contract Defenses
Contracts
Week 6
Contracts: Remedies for Breach of Contract
February 26
Contracts Mini Exam I (one hour consisting of a
NYS Bar type essay and 10 MBE type
questions in Crim Law & Crim. Pro)
Week 7
March 4
Sales
UCC Art. 2: Contracts for the Sale of
Goods, Battle of the Firms, Buyers &
Sellers Remedies
Week 8
Family Law: Child Custody, Child Support,
March 11 Maintenance, Annulments, Grounds for
Family Law Divorce, Equitable Distribution
Week 9
March 18
Real Prop.
Real Property: Concurrent Estates, Real
Property Contracts, Deeds
Review Criminal Procedure class notes from
Week 4; read CLD pp. K - 1 to 46; read S&T
Contracts (pp. 71-84); complete MBE Crim Pro
questions 47, 48, 49, 50, 51-53, 59 & 61 in
S&T; self-grade and review answers.
Review Contracts class notes from Week 5;
read CLD pp. K - 46 to 65; complete MBE
contracts questions 5, 6 & 10-12 in S&T (pp.
86-95); self-grade and review answers;
selectively read NYAA Contracts cases in CLD
pp. K - 67 to 94.
Review Contracts class notes from Weeks 5 and
6; read CLD pp. S - 1 to 28; write and critique
essay on CLD pp. S - 35; complete MBE
contracts questions 15, 16, 21 to 24, 43-45, 5456 & 62-64 in S&T (pp. 86-100); self-grade and
review answers; selectively read NYAA Sales
cases in CLD pp. S - 27 to 34.
Review class notes from Week 7; write and
critique essay on CLD p. S - 35, read CLD pp.
FL - 1 to 88; complete S&T UCC Sales
questions 53, 54, 56 & 62-64; self-grade and
review answers.
Review Family Law class notes from Week 8;
selectively review NYAA Family Law cases FL
- 41 to 104; read CLD RP - 1 to 7; read CLD
RP - 11 to 27; read S&T Real Property (pp.
287-296); complete contracts question 7 in
S&T (p. 87).
NO CLASS MARCH 25TH – SPRING BREAK
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Week 10
April 1
Real Prop.
WEEK
Week 11
April 8
Real Prop.
Real Property: Deeds Recording Statutes
Mini Exam II (one hour consisting of a
NYS Bar type essay and 10 MBE type
questions in Contracts and UCC Sales)
MATERIAL COVERED
Review Real Property class notes from Week 9;
read CLD pp. RP - 25 to 39; complete question
35 in S&T (p. 93); selectively read Real
Property NYAA cases in CLD pp. RP - 41 to
58; complete Real Property - Family Law Essay
on CLD p. FL - 89.
READING AND OTHER ASSIGNMENTS
TO BE COMPLETED BEFORE CLASS
Real Property: Adverse Possession
Multistate Performance Test ("MPT")
Introduction and Review
Review Real Property class notes from Week
10; read CLD pp. RP - 35 to 40; complete MBE
real property questions 1-4, 8-13 & 15 in S&T
(pp. 298-308); self-grade and review answers.
Week 12
April 15
Torts
Torts: Elements of Negligence, Intervening
Causes, Comparative & Contributory
Negligence
Review class notes from Class 11; Read CLD
pp. Torts - 1 to 36; read S&T Torts (pp. 347356); complete MBE Torts Questions 2, 8-10,
30 & 37 in S&T (pp. 358-365); self grade &
review answers.
Week 13
April 22
Torts
Torts: Comparative & Contributory
Negligence continued
Review Torts class notes from Week 12; read
CLD pp. Torts - 36 to 57; complete MBE Torts
questions 1, 14, 15, 16, 19, 23, 24, 25, 26, 32,
33, 34, 35, 38, 39, 40, 48, 50, 54, 55, 56, & 60
in S&T; self-grade and review answers.
Week 14
April 29
Torts
Torts: Vicarious Liability, Landowner
Liability, No-Fault Auto Insurance
Review Torts class notes from Week 13;
selectively read Torts NYAA cases in CLD pp.
Torts - 57 to 106.
FINAL EXAM
Monday, May 5, 2008 from 1:00 p.m. to 4:00 p.m.
50 Multistate Multiple Choice Questions & 2 Bar Type Essays
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