Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace C H A P M A N UniversityCollege 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 lovelace@chapman.edu 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 11 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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. 21 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace . 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 31 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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 GRADE + + + + + + + + + - A 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: http://www.chapman.edu/library/reference/styles. 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 41 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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 <http://www.chapman.edu/library/>. . Catalog Search < http://clarke.chapman.edu/search~S1>. . University of California System < http://melvyl.cdlib.org/F/HYB2I5SYLGM1987IC4LM145NLAK5G3S71Y1DRJBI6TLGGRLBL702664?func=file&file_name=find-b >. SELECTED BIBLIOGRAPHY AND DOCUMENTATION RESOURCES . Critical Legal Studies < http://www.wvu.edu/%7Elawfac/jelkins/critproj/cls.html >. . FindLaw: -Cases and Codes < http://www.findlaw.com/casecode/index.html >. -U. S. Supreme Court Opinions by Year < http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&navby=year >. -U. S. Constitution < http://www.findlaw.com/casecode/constitution/ >. -U. S. Code < http://www.findlaw.com/casecode/uscodes/ >. . Juris < http://jurist.law.pitt.edu >: -Cases and Statutes < http://jurist.law.pitt.edu/locate.htm >. . Law Journals on the Web < http://www.loc.gov/law/guide/lawreviews.html >. 51 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace < http://library.osgoode.yorku.ca/mr/linksjournalyork.htm >. . Legal Information Institute, Cornel University < http://www.law.cornell.edu/ >: -Fields of Law, Cases and Materials < http://www.law.cornell.edu/topics/topic1.html >. -Critical Legal Theory < http://www.law.cornell.edu/topics/critical_theory.html >. -Equity < http://www.law.cornell.edu/topics/equity.html >. -Feminist Jurisprudence < http://www.law.cornell.edu/topics/feminist_jurisprudence.html >. -Legal Education < http://www.law.cornell.edu/topics/legal_education.html >. -Legal Ethics Library < http://www.law.cornell.edu/ethics/ >. -Legal Research < http://www.law.cornell.edu/topics/legal_research.html >. -Legal Writing < http://www.law.cornell.edu/topics/legal_writing.html >. -Legislation < http://www.law.cornell.edu/topics/legislation.html >. -Supreme Court Cases by Area of Action < http://supct.law.cornell.edu/supct/topiclist.html >. . LexisNexis -Academic < https://web.lexis-nexis.com/universe/ >. . Library Search -Chapman University Library < http://clarke.chapman.edu/search~S1 >. -University of California System < http://melvyl.cdlib.org/F/HYB2I5SYLGM1987IC4LM145NLAK5G3S71Y1DRJBI6TLGGRLBL702664?func=file&file_name=find-b >. . The American Law Institute < http://www.ali.org/ >. . U. S. Code < http://www.access.gpo.gov/uscode/uscmain.html >. . U. S. Congress < http://www.gpoaccess.gov/legislative.html >. . U. S. Courts < http://www.uscourts.gov/ >. . U. S. Judicial Branch < http://www.gpoaccess.gov/judicial.html >. . U. S. Library of Congress < http://www.loc.gov/ >: -Law Researchers < http://www.loc.gov/law/public/law.html >. -Thomas Legislative Information < http://thomas.loc.gov/ >. 61 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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. 71 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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. 81 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace 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 Read: LAW 517-557; INSTR 7. 5 Strict liability Case 74 Leichtamer v. American Motors Corp.. INSTR 7; LAW 568 Read: LAW 517-557; INSTR 7. 91 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace CASE INDEX c44 Adams v. Williams, 407 U.S. 143, U.S.Supreme Court, June 12 1972. LAW 361 c2 Baker et al. v. General Motors, No. 96-653, U. S. Supreme Court, January 13 1998, LAW 232 c23 Belk v. U. S., 858 F.2d 706, U. S. Court of Appeals, Federal Circuit, Sep 22 1988, LAW 248 c53 Burns v. Burns, A01A1827, Court of Appeals of Georgia, Second Division, January 23 2002. LAW 398 c73 Carolyn Alford v. Wanda E. Lowery, COA02-185, Court of Appeals of North Carolina, December 3 2002. LAW 552 c62 Castorino v. Unifast Bldg.Products, 555 N.Y.S.2d 350, Supreme Court, Appellate Division, First Department, May 17, 1990. LAW 502 c42 Charles T. Dickerson v. United States, U. S. Supreme Court, No. 99-5525, June 26 2000. LAW 350 c14 City of Chicago v. Jesus Morales, et al. LAW 45 c12 Cruzan v. Director, Missouri Dept. of Health. LAW 25 c43 Crystal M. Ferguson v. City of Charleston, No. 99-936, U. S. Supreme Court, March 21 2001. LAW 356 c32 Debra Clark v. Fredrick J. Klein, Idaho Supreme Court, No.26652, March 5 2002. LAW 170 c63 Dolan v. City of Tigard, 114 S.Ct. 2309, U.S.Supreme Court, June 24 1994. LAW 597 c31 Dorsey v. Gregg, 784 P.2nd 154, Court of Appeals of Oregon, January 13 1988. LAW 167 c11 E. I. du Pont de Nemours & Co., Inc. v. Christopher. LAW 18 c71 Estate of Berthiaume v. Pratt, M.D., 365 A.2d 792, Supreme Judicial Court of Maine, November 10 1976. LAW 519 c24 Estate of John Skalka v. Mark Skalka, 751 N.E.2d 769, Court of Appeals of Indiana, July 10 2001, LAW 683 c17 Gregg v. Georgia. LAW 75 c64 James W. Croskey v. Carl Leach, C-010721, Court of Appeals of Ohio, October 18 2002. LAW 623 c15 Katko v. Briney. LAW 59 c74 Leichtamer v. American Motors Corp., 424 N.E.2d 568, Supreme Court of Ohio, August 5 1981. LAW 568 c41 Loving v. Commonwealth of Virginia, 388 U. S. 1, U. S. Supreme Court, June 12 1967. LAW 320 c51 Moore v. City of East Cleveland, Ohio, 431 U.S. 494, U.S.Supreme Court, May 31 1977. LAW 386 c18 Pennsylvania v. Bonadio [Individual Choice Versus Social Control] c61 Principal Casualty Insurance Company v. Blair, 500 N.W.2d 67, Supreme Court of Iowa, May 19 1993. LAW 481 Ratko v. Briney [Criminal and Civil Law] c16 Suggs v. Norris. LAW 65 c33 Terry L. LaGuesse v. Storytown U.S.A. Inc., Supreme Court of New York, Appellate Division, Third Department 91112, July 25 2002. LAW 179 Textile Workers v. Darlington Manufacturing Company. LAW 101 101 Chapman University College – POSU240 tB 2004 – Introduction to Law and the Legal System – Prof. Lovelace c21 United States v. Lopez, No. 93-1260, U. S. Supreme Court, Apr 26, 1995 LAW 203 c13 Washington v. Glucksberg, 521 U.S.702, U.S.Supreme Court, June 26 1997. LAW 32; INSTR 1 c72 Weirum v. RKO General, Inc., 539 P.2d 36, Supreme Court of California, August 21 1975. LAW 539 c54 Wisconsin v. Yoder, 406 U.S.205, U.S.Supreme Court, May 15 1972.LAW 417 c52 Zablocki v. Redhail, 434 U.S.374, U.S.Supreme Court, January 18 1979. LAW 391. 111