UNIVERSIDAD DE ESPECIALIDADES ESPIRITU SANTO FACULTAD DE ESTUDIOS INTERNACIONALES INTERNATIONAL CAREERS PROGRAM SYLLABUS ENGLISH VERSION FOR DAC 11 VER 19 05 08 SUBJECT: Constitutional law CODE: UDER262 FACULTY: Daniel Badovinac CREDITS: 3 UEES (S.N.C.C. 4.8) NON-CONTACT HOURS: 96 PERIOD: WINTER SCHEDULE. 18:00-19:15 SYLLABUS DATE: Dec, 2008 CONTACT HOURS: 48 YEAR: 2009 DAYS: Mondays-Thursdays ROOM: F25 1. COURSE DESCRIPTION The Constitutional Law survey class covers the core topics of constitutional law. Though the class is designed and taught from an Anglo Saxon dominated view point, the issues and concerns of the topics of Constitutional Law have parallels in the Civil Code systems. This class will additionally look at the importance of case materials in relation to statutory law. This course is designed to give each IUP student the appropriate tools to understand the legal affairs of a constitutional question on the most basic levels. The following broad topics will be discussed: * Constitutional Law * Civil Rights * Criminal Procedure * The Litigation Process * Free Speech * Judicial Review * Power Allocation * Separation of Powers 2. JUSTIFICATION This Course will provide a foundation for the study of various areas of constitutional law that the student may become exposed to during his professional carreer and life as a citizen including economic liberties, equal protection, substantive due process, freedom of expression and religion. It also features various aspects of practical skills that the student must dominate in order to excel as a lawyer such as constitutional analysis and interpretation. 3. OBJECTIVES GENERAL OBJECTIVES: This course will expose students to the basic rules of constitutional law and how its provisions are applied. The course will cover the entire perspective of the “constitutional law”. Current legal issues will be discussed. Students will need to integrate their current knowledge with knowledge presented in this course. SPECIFIC OBJECTIVES: Upon completion of this course, the student will be able to: Know the rules governing basic issues of constitutional law in context of both their evolution and their application. Have both knowledge of and facility with the vocabulary of the constitution. Understand the values inherent in the constitution and the role those values have in the application of it. Learn through the method of instruction the skill of case analysis the value of engaged legal discourse about cases. 4. COMPETENCIES - Acquire the experience necessary to maximize the opportunity of subsequent courses where the skills and experience are presumed to be possessed by the student such as in property and torts courses. - Be able to apply the legal principles examined in the course to real life situations in a manner that develops their analytical reasoning skills. 5. COURSE CONTENT OUTLINE DATE & SESSION Week # 1 Jan 12 Week # 1 Jan 13 SPECIFIC COMPETENCIES CONTENT NON CONTACT HOURS Subject(s) Covered Assignmnets Hours of Study The student is None: Class introduced to the Discussion policies and description of the course and learns of the importance of the subject. The student is Outline # 1 exposed to the history of the American legal ASSESSMENT Evaluation None Create their own definition of a Constitutional law Introduction to the Law and Legal System of Study and understand the influences that led to a history and the rise of constitutionalism Week # 1 Jan 14 American Legal History II Week # 1 Jan 15 Judicial Review Outline # 2 Week # 2 Jan 19 The student is exposed to the Limits of judicial Review Week # 2 Jan 20 The student analyzes the Standing requirement to present a constitutional claim The student analyzes Ripeness and Mootness cases Week # 2 Jan 21 Outline # 1 Week # 2 Jan 22 The student analyzes and discusses the Political Question Doctrine Week # 3 Jan 26 The student is exposed to the Outline # 3 Outline # 4 Outline # 5 Outline # 6 Outline # 7 the United States Pgs. 1-20 Introduction to the Law and Legal System of the United States Pgs. 21-37 Introduction to the Law and Legal System of the United States Pgs. 340360 Introduction to the Law and Legal System of the United States Pag. 360380 Constitution al Law pg. 1-20 Constitution al Law pg. 1-20 constitution based legal system Analyze the judicial review process of the courts Study and understand the importance of the limits of Judicial Review Study and understand the standing requirement Introduction to the Law and Legal System of the United States Pag. 380400 Constitution al Law pg. 21-29 Constitution al Law pg. 30-60 Discuss what constitutes ripeness and what constitutes mootness. Constitution al Law pg. Understand the way that Critique the political question doctrine Week # 3 Session # 10Jan 27 Federal Legislative Powers and the relationship between states and the federal government The Student recognizes the autonomy that states enjoy in regulating themselves Outline # 8 61-100 Legislative powers work Introduction to the Law and Legal System of the United States Pag. 410430 Constitution al Law pg 101-140 MIDTERM EXAM Critique whether states should or should not enjoy autonomy Constitution al Law pg. 140-160 Analyze the executive power of the state Constitution al Law pg. 161-190 Read the assignments on the limits on state regulatory and taxing power to discuss whether it is fair and equitable. Read the assignments on Economic liberties and create a chart containing the various types of liberties available Discuss in what situations is the equal protection clause applicable Week # 3 Jan 28 MIDTERM EXAM MIDTERM EXAM Week # 3 Jan 29 The student is exposed to the federal executive power and its structure The student analyzes the limits on state regulatory and taxing power Outline # 9 Week # 4 February 3 The student analyzes the different types of Economic Liberties Outline # 11 Constitution al Law pg. 191-210 Week # 4 Session # 15 February 4 The student Outline # 12 analyzes the equal protection clause of the constitution and its scope The student Outline #13 recognizes the existente of the fundamental right of due process Constitution al Law pg. 211-220 The student Constitution Week # 4 February 2 Week # 4 February 5 Week # 5 Outline #10 Outline # 14 Constitution al Law pg. 221-230 MIDTERM EXAM Understand the right to a due process of law and the presumption of innocence Discuss the right February 9 al Law pg.231-240 of freedom of expression and its exceptions Outline # 15 Constitution al Law pg. 241-250 Week # 5 February 1112 Outline # 16 Constitution al Law pg. 251-264 Week # 5 REVIEW February 1619 REVIEW REVIEW Discuss various cases concerning the protection of freedom of religion Understand the right to privacy and analyze the cases provided by the professor REVIEW REVIEW REVIEW FINAL EXAM FINAL EXAM Week # 5 February 10 identifies the first amendment freedom of expression The student identifies the first amendment freedom of religion Week # 6 REVIEW February 2627 Week # 6 FINAL EXAM Feb.2-5 REVIEW FINAL EXAM 6. METHODOLOGY This survey will be treated and conducted like a law school class in the English speaking world. Therefore, in addition to a midterm and final exam, students will be called upon to provide recitation of facts and case materials. The choice of recitation is random and students will be required to be prepared at each and every class period. In addition to the Socratic method of case recitation, lecture, group discussions and practical exercises will be conducted in class. 7. ASSESSMENT Examinations will review the material covered in the text and the information presented in class lectures. The exams will consist of true/false, fill in the blank, and multiple choice questions. Grades are bases on the total points achieved on exams and assignments. Aproximate Point Allocation Midterm Exam: 25% Final Exam: 25% 8. BIBLIOGRAPHY 6.1 REQUIRED TEXT #3: Assignments: 25% Class Participation: 25% Introduction to the Law and Legal System of the United States, William Burnham Constitutional Law, 2007 Supplement, Erwin Chemerinsky 6.2 HANDOUTS Copies at the University’s Library WEBLIOGRAPHY: General Legal Terms: http://legal-dictionary.com EBSCO Database 9. FACULTY INFORMATION Name: Daniel Badovinac, LL.M. Degrees and Awards Universities Licenciado en Ciencias Politicas Universidad Espiritu Santo Abogado Universidad Espiritu Santo Master of Laws in International University of Houston Comparative Law Candidate to Texas Bar Membership E-Mail: danielbadovinac@gmail.com, danielbadovinac@porta.blackberry.com, dbadovinac@pge.gov.ec 10. Prepared by: Daniel Badovinac Farah Reviewed by: Dean Mónica Reynoso Date: Dec, 2008 Date: Dec, 2008