San José State University
CASA/Department of Justice Studies
JS205, Seminar in Law & Courts, Section 1, Spring 2013
Instructor:
Office Location:
Telephone:
Email:
Office Hours:
Class Days/Time:
Classroom:
JS Competency Area:
Harold W. Peterson, JD
MacQuarrie Hall, Room 521
(408) 924-4927
harold.peterson@sjsu.edu
Tuesdays 3:00 pm to 4:15 pm
Thursdays 8:00 am to 8:45 am
Tuesdays 4:30 pm to 7:15 pm
Clark Building, Room 127
Graduate
Course Description: This course critically examines the structure and function of law and the
court system in the United States, with particular attention to the role of law in settling disputes,
exerting social control, establishing norms, regulating behavior and promoting equality.
Significant attention will be devoted to court systems including the role of the jury in American
jurisprudence. As a graduate seminar, the course’s emphasis is on reading, discussion and oral
and written analysis. Class participation is a significant part of your grade, so it will be essential
for you to keep up with the readings, attend class regularly, and contribute to class discussions.
Prerequisite: Graduate Standing.
Student Learning Objectives: Successful completion of this course will enable students to
appreciate, describe and critique the various roles law and courts play in society, including the
function of dispute settlement, regulating and controlling the behavior of individuals and
organizations, sanctioning misbehavior and promoting equality and justice. In addition, students
will be able to analyze fundamental concepts of the law as it relates to citizens and institutional
actors by examining specific cases as well as the role of mass media and underlying political
debate shaping the popular perception of law and its role in society.
Required Texts/Readings/Written Assignments:
Textbook
Walsh, A. & Hemmens, C. (2011) (2nd ed) Law, Justice and Society. New York. Oxford
University Press. The text is available at the campus bookstore, with
supplemental readings held on e-reserve as assigned by topic. In addition, the
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Seminar in Courts & Law, JS205, Spring 2013
textbook publisher
www.wadsworth.com.
provides
supplementary
Internet
resources
at
ISBN 978-0-19-975793-0
Reading Assignments: Students are expected to complete all reading assignments
before their discussion in class.
Briefing Cases: In addition to the reading assignments, students should draft written
briefs for specific court cases assigned throughout the semester. Students are required to
submit a written brief after class recitation of an assigned case. Students must draft briefs
in the proper format.
Class Participation: Accounts for 20% of student’s grade. Students are required to
keep up with the assigned reading and be able to discuss it in class. In addition, students
are required to recite at least one appellate case during the semester (does not include
case studies).
Case Recitation: Accounts for 10% of student’s grade. Students must prepare
to summarize the facts, identify the pertinent questions or issues and discuss
(with fellow students and the instructor) the court’s analysis or reasoning of a
specific cases assigned the previous week. The instructor will assign specific
cases to individual students on the day of class scheduled for recitation of that
case. Students unprepared or otherwise refusing to recite a case may “pass” on
the recitation and make it up during another class. However, students will be
allowed one “pass” per semester without consequence. Additional “passes” will
receive a 10% grade deduction per “pass”.
In-Class Discussion: Accounts for 10% of student’s grade.
Participating
students who demonstrate they are prepared for class and provide a positive
contribution to the class discussions may expect as much as 5 points per week for
a maximum of 50 points per term.
Moot Court Assignment:
1. Each student will be required to participate in the moot court.
2. During a typical “Moot Court” session, four students (two on each side) will play the role
of lawyers representing particular sides of the assigned issue, and they will present their
arguments to the judges, consisting of the instructor plus two other judges (depending on
the number of students enrolled in the class).
3. Each team will research and write a formal “brief” presenting their arguments. The brief
should be 10 typewritten pages long; in it, you should formally summarize the question
you are addressing, and then argue your position. Each team will submit an electronic
copy of his or her written brief to the Desite2Learn website (if you use a word processor
other than Microsoft Word, please save your file in the "rich text" format.
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Seminar in Courts & Law, JS205, Spring 2013
4. Note that although you and your fellow lawyer will want to divide up the main points for
your side between you for your individual oral presentations during the in-class debate,
your brief should contain an overview of your position, and your reasons for thinking as
you do.
5. Please include a cases cited page at the end of the brief. Research is required.
6. As soon as they are received, the briefs will be posted on our course website
(www.ithaca.edu/faculty/cduncan/250/250.htm), so that the judges may prepare some
questions in advance of the debate. Lawyers are of course encouraged to work together
with their partner in preparing their case. You will be graded on both your written and
oral presentations.
7. Each lawyer will be allotted 10 minutes for his/her presentation. Be aware that probably
1/3 of this time will be devoted to answering judges’ questions. Do not bring your
written brief up to the podium; only 2 notecards will be permitted. In any case, you will
not have time to make all your points from your brief; you will have to prioritize and
select the most important points. You should meet before the debate with your partner to
decide who is going first and who is going second, and divide the main points between
you.
8. The debate will take place according to the following procedures: Side A opening
statement, then side B opening statement, then side A closing statement, and then side B
closing statement.
9. At the conclusion of the oral arguments, the judges (except for me) will render a tentative
decision (the decision only becomes final after the written opinions are turned in). The
students in the audience will also cast a vote and function as a tie-breaking judge if need
be. Unless the topic sheet says otherwise, by 3pm the day of the second class period
after the debate, judges will email me an electronic copy of their written opinion. The
opinion should be 5 pages long; after briefly summarizing the question you are
addressing, you should then proceed to justify your position. Judgments will be posted
on the course website after they are received. Each judge should turn in a separate
written opinion. You will be graded separately on the quality of your opinion.
10. Every teams’s brief should be clearly written, logically organized, and well-argued. It
should show careful reading of the relevant cases and careful thought about the issue in
dispute. Good arguments in philosophy involve giving good reasons for your view and
rebutting the reasons that given by the opposing side. Good reasons are ones that would
tend to make an impartial, intelligent, and reasonable person agree with you. Your
arguments should be logically consistent with one another and presented in a logically
organized manner. The instructor will base grades on the following criteria:
understanding of the issues, clarity of writing, persuasiveness of the argument, grammar
and spelling. No late briefs.
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Seminar in Courts & Law, JS205, Spring 2013
Examination and Evaluation: A student’s final evaluation shall consist of class participation
(case recitation and in-class discussions, a moot court presentation, a midterm take-home
examination, a final examination. Points and percentage of overall evaluation:
Grade Item
2 Take-home Midterm Examinations
Case Recitation
Moot Court Team Brief
Moot Court Oral Argument
Class Participation
Final Examination
Total
Points Weight
100 x 2
30%
100
10%
100
15%
100
15%
100
5%
100
25%
100%
Examinations consist of multiple choice, short answer and essay questions derived from
the reading assignments and class lecture. Missed exams or assignments may only be
made-up with proper documentation of illness, incapacity and/or prior and valid
notification and reason for absence. Points for class participation are at the discretion of
the instructor and may be added or withdrawn at any time before a student’s final
evaluation.
This course will be using the +/- system on final grades based on the
following percentages:
+/- Grading:
95-100:
90-94:
87-89:
84-86:
80-83:
77-79:
A
AB+
B
BC+
74-76:
70-73:
67-69:
64-66:
60-63:
0-59:
C
CD+
D
DF
To receive a grade for this course, students must complete all course requirements.
Failure to complete any of them may result in a failing grade for the course. Students
may dispute assignment, examination and course grades at the instructor’s convenience
(or during office hours). It is important to note, however, that upon review, the instructor
reserves the right to increase as well as decrease the grade in question. Students must
submit all assignments online at the Desire2Learn website under the Dropbox menu.
Instructor will not accept late assignments.
Library Liaison
Nyle Monday Senior Assistant Librarian, University Library, San Jose State University
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Seminar in Courts & Law, JS205, Spring 2013
Email:
nyle.monday@sjsu.edu
Classroom Protocol: This is a time to open your minds to new ideas, to explore new
concepts, so please take advantage of this opportunity. Further, please be respectful of others and
show them common courtesy. Students may enrich the learning process by discussion. Respect
and professionalism are the guiding principles of this class. Tardiness will not be tolerated, if you
are late, do not disturb class—wait until break to enter the classroom.
Please turn off all cell phones, pages, PDA’s or any other
electronic device that “make noise”. No text messaging in class, please turn off these
devices, as they are disruptive. Students may take hand written notes during class;
however, students may not use computer and/or other recording devices.
Electronic Devices:
Dropping and Adding: Students are responsible for understanding the policies and
procedures about add/drops, academic renewal, etc. Information on add/drops are available at
http://info.sjsu.edu/web-dbgen/narr/soc-fall/rec-298.html. Information about late drop is available
at http://www.sjsu.edu/sac/advising/latedrops/policy/ . Students should be aware of the current
deadlines and penalties for adding and dropping classes.
University Policies
Academic integrity
Students should know that the University’s Academic Integrity Policy is available at
http://www.sa.sjsu.edu/download/judicial_affairs/Academic_Integrity_Policy_S07-2.pdf. Your
own commitment to learning, as evidenced by your enrollment at San Jose State University and
the University’s integrity policy, require you to be honest in all your academic course work.
Faculty members are required to report all infractions to the office of Student Conduct and
Ethical Development. The website for Student Conduct and Ethical Development is available at
http://www.sa.sjsu.edu/judicial_affairs/index.html.
The University will not tolerate instances of academic dishonesty. Cheating on exams or
plagiarism (presenting the work of another as your own, or the use of another person’s ideas
without giving proper credit) will result in a failing grade and sanctions by the University.
Students must complete all assignments unless otherwise specified. If you would like to include
in your assignment any material you have submitted, or plan to submit for another class, please
note that SJSU’s Academic Policy F06-1 requires approval of instructors.
Campus Policy in Compliance with the American Disabilities Act
If you need course adaptations or accommodations because of a disability, or if you need to make
special arrangements in case of building evacuation, please make an appointment with me as soon
as possible, or see me during office hours. Presidential Directive 97-03 requires that students with
disabilities requesting accommodations must register with the DRC (Disability Resource Center)
to establish a record of their disability.
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Seminar in Courts & Law, JS205, Spring 2013
Student Technology Resources
Computer labs for student use are available in the Academic Success Center located on the 1 st
floor of Clark Hall and on the 2nd floor of the Student Union. Additional computer labs may be
available in your department/college. Computers are also available in the Martin Luther King
Library. A wide variety of audio-visual equipment is available for student checkout from Media
Services located in IRC 112. These items include digital and VHS camcorders, VHS and Beta
video players, 16 mm, slide, overhead, DVD, CD, and audiotape players, sound systems, wireless
microphones, projection screens and monitors.
Learning Assistance Resource Center
The Learning Assistance Resource Center (LARC) located in Room 600 in the Student Services
Center assists students in the development of their full academic potential and motivates them to
become self-directed learners. The center provides support services, such as skill assessment,
individual or group tutorials, subject advising, learning assistance, summer academic preparation
and basic skills development. The LARC website is located at http:/www.sjsu.edu/larc/.
SJSU Writing Center
The SJSU Writing Center located in Room 126 in Clark Hall offers a variety of resources to help
students become better writers, including one-on-one tutoring sessions and numerous writing
workshops. All of the services are free for SJSU students. The Writing Center website is located
at http://www.sjsu.edu/writingcenter/about/staff//.
Peer Mentor Center
The Peer Mentor Program was eases the transition to SJSU by empowering students to help each
other and themselves. Peer Mentors are among the best, brightest, and most diverse SJSU
students. Peer Mentors are in the MUSE classrooms as well as available in the Peer Mentor
Center located in the Academic Success Center in Clark Hall. Website of Peer Mentor Center is
located at http://www.sjsu.edu/muse/peermentor/ .
CASA Student Success Center
The Student Success Center located in MacQuarrie Hall, Room 533 (top floor) provides advising
for undergraduate students majoring or interested in majoring in programs offered by CASA
Departments and Schools. The Student Success Center provides general education advising,
assistance with changing majors, answers to academic policy related questions, meetings with
peer advisors and/or various regularly scheduled presentations and workshops. 408.924.2910
http://www.sjsu.edu/casa/ssc/.
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Seminar in Courts & Law, JS205, Spring 2013
JS205 / Seminar in Law & Courts, Spring 2013
Course Schedule
Week
Date
Readings, Assignments & Deadlines
1
Tuesday
1/29/13
Reading: None
Lecture & Discussion: Introduction; Syllabus; Class Mechanics; Class Policy
and Procedures; the Syllabus; Briefing; Moot Court Assignment; Why do we
need Law?
2
Tuesday
2/5/13
3
Tuesday
2/12/13
4
Tuesday
2/19/13
5
Tuesday
2/26/13
6
Tuesday
3/5/13
7
Tuesday
3/12/13
8
Tuesday
3/19/13
Reading: Text - Chapter 1 – Law Its Function and Purpose, Crime and
Controversy
Lecture & Discussion: What is the Law? Characteristics of Culture and Their
Relationship to Law; Beliefs, Values, Norms, Symbols, Technology; Early
Thinkers about Law – Plato, Aristotle, Thomas Hobbes, John Locke, John
Rawls; Sociological Perspectives of Law – Max Weber, Emile Durkheim; Two
Opposing Theories – The Consensus Perspective & The Conflict Perspective
Reading: Text – Chapter 2 – Justice and the Law
Lecture & Discussion: What is Justice? Distributive Justice, Retributive
Justice; Problems with Aristotle’s Definition of Justice; Legal Realism; Does
Justice Come From? Two Perspective of Law and Justice as Natural – The
Transcendental Natural Law Perspective; The Evolutionary Perspective; What
is the Relationship of Law & Justice? Garfolo and Natural Crime; The Rule of
Law; The Rule of Law; Justice Evolving; Cesare Beccaria and Reform; Justice,
the Law and Packer’s Models of Criminal Justice (Crime Control vs. Due
Process)
Reading: Text – Chapter 3 – Making Law; Chapter 4 – Federal & State
Courts
Lecture & Discussion: Common law; Precedent and Stare Decisis; Sources
of law; Sources of Individual Rights (Bill of Rights); Judicial Review; The
Process of Amending the Constitution Federal Courts (District Courts, Court of
Appeals, Supreme Court); the State Courts; Overview of the Criminal Process;
The Jury and Its Selection; Court Actors
Reading: None
Lecture & Discussion: Moot Court Process; Formal Brief writing; Format
Reading: Text – Chapter 5 – Crime and Criminal Law
Lecture & Discussion: What is a Crime? Sources of Criminal Law;
Limitations on Criminal Law; Elements of Criminal Liability; Liability without
Fault; Inchoate Crimes; Defenses to Criminal Liability; Procedural Defenses;
Entrapment; Crimes Against the Person; Crimes Against Property; Crimes
Against Public Order and Morality
First Take-home Midterm Examination distributed
(Due Friday, March 8, 2013)
Reading: Text – Chapter 6 – Criminal Procedure
Lecture & Discussion: Purpose of Criminal Procedure Law; Sources of
Criminal Procedure law; Search & Seizure and the Fourth Amendment; Arrest;
Searches (Reasonable Expectation of Privacy; Exceptions to the Warrant
Requirement)
Moot Court Topic Assigned
Reading: Text – Chapter 6 – Criminal Procedure (continued)
Lecture & Discussion: Right to the Assistance of Counsel; Right to Counsel
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Seminar in Courts & Law, JS205, Spring 2013
During Interrogations and Pretrial Identification Procedures; The Confrontation
Clause; Right to Compulsory Process Clause; The Exclusion to the
Exclusionary Rule; Advancing Toward the Exclusionary Rule
9
No Class
Spring Recess
10
Tuesday
4/2/13
Reading: Text – Chapter 7 – Civil and Administrative Law
Lecture & Discussion: Tort Law; Property Law; Contract Law; Family Law;
Administrative and Regulatory Law
11
Tuesday
4/9/13
12
Tuesday
4/16/13
13
Tuesday
4/23/13
14
Tuesday
4/30/13
15
Tuesday
5/7/13
17
TBA
Reading: Text – Chapter 8 – Juvenile Justice
Lecture & Discussion: What is Juvenile Delinquency? The Extent of
Delinquency; History and Philosophy of Juvenile Justice; Juvenile Waiver to
Criminal Court; Discuss; The Juvenile Death Penalty; Eroding the Distinction
Between Adult and Juvenile Court Systems; Restorative Justice
Reading: Text - Chapter 10 – Limits of Social Control
Lecture & Discussion: Policing Vice; What is a Vice Crime? Homo Sexuality
and Sodomy; Prostitution and Commercialized Vice; Pornography/Obscenity;
Abortion; Alcohol and Illicit Drugs
Second Take-home Midterm Examination distributed
(Due Friday, April 19, 2013)
Reading: Text – Chapter 12 – Woman & The Law
Lecture & Discussion: Feminist Legal Theory; Women and Law in History;
The Relative Value of Citizens; Woman as Human and Person; Rape and
Other Misogynous Atrocities; Women’s Work and Other Legal Matters; The
UNCEFDW and the Equal Rights Amendment
Moot Court Briefs Due
Reading: Text – Chapter 13 – Racial Minorities and the Law
Lecture & Discussion: African Americans; American Indians; Asian
Americans; Race, Law and Conflict
Moot Court
Final Examination
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Seminar in Courts & Law, JS205, Spring 2013