Legal Process (Political Science 275)

Fall 2009, CRN 14985

Syllabus  2.0

 

 

Professor:        John Davidson

E-mail:             davidson@uoregon.edu

Office Phone: 346-4540

Office:             PLC, Rm 829

Office Hours: 2 – 4 P.M. Mon. and Tues.

 

Class Hours:                Mon, Wed, and Fri 12:00 - 12:50 P.M.

Class Room:                302 Gerlinger

Discussion Sections:   Sec 1 (CRN 14986) Mon 6 – 6:50 P.M.         246 Gerlinger

                                    Sec 2 (CRN 14987) Tues 9 – 9:50 A.M.        125 CHI

                                    Sec 3 (CRN 14988) Thur 9 – 9:50 A.M.        204 Chapman

 

GTFs:                         

Secs. 1 and 3:              Loryn Cesario                         Sec. 2:             Laura Keown

Office:                         636 PLC                                  Office:             823 PLC

Office Hours:              Wed. 2 - 4                               Office Hours:  Tues. 10 – 11 a.m.

E-mail:                        loryn@uoregon.edu                Email:              keown@uoregon.edu

Phone:                         346-4417                                 Phone:             346-4890

 

                                   

Course Description

 

            What is law and what part does it play in the society and culture in the United States?  What are its sources?  Its limits?  Whom is it meant to serve?    Whom does it actually serve?  These questions and others will be the subjects of this course, which will provide students with a general overview of the United States legal system.  We will pay special attention to the organization of the state and federal court systems and judicial methodology and will gain an introductory level of familiarity with civil and criminal procedure, tort law, property law, contract law and criminal law.

 

            The course is taught at the 200 level and is intended primarily for students who have little or no prior background in law.  Some students who take the course will view it as a gateway to further study of the law, while others will use it to broaden their understanding of the legal system as one of the most significant and powerful institutions in the modern state. 

 

Course Text

 

Melone and Karnes,  The American Legal System: Perspectives, Politics, Processes, and Policies (2d ed.  2008).

 

All other required readings will be made available via Blackboard. 

 

 

Course Requirements

 

Students are expected to carefully study each reading assignment and to attend all lecture and discussion sections.  Lectures and discussions are not intended to simply reiterate the assigned readings.  There will be information presented in lecture that does not appear in the readings, and some significant material from the readings will not be reviewed in class.  As a student, you should be familiar with all of the above.

 

Assuming satisfactory attendance and participation, each student’s course grade will be determined on the basis of:

 

a mid-term exam (25%)

a final exam (25%),

weekly Blackboard quizzes (25%)

discussion section (25%)

 

Constructive classroom participation may raise borderline grades.

 

Carefully note the Blackboard quiz due dates indicated elsewhere on this syllabus.  After 9:45 on their respective due dates, the Blackboard quizzes will become password-protected.  Extensions will only be granted for compelling, documented cause.

 

Study guides for the midterm exam and final exam will be provided several days prior to each exam.

 

Special Circumstances

 

If you have any kind of learning disability or life situation that complicates your situation as a student, please let me know.  We will attempt to accommodate you to the extent that we can.  Our goal is to help every willing student to learn and to succeed in the course.

 

Discussion Sections

 

            25% of your overall grade will be based on your discussion section.  There will be short readings assigned prior to each discussion section meeting (except weeks 1 and 10).  These readings are separate from and in addition to the regular class readings.  The discussion section reading schedule, and the readings themselves are posted in the Blackboard Course Documents folder. You should review each discussion section reading carefully, so that you can discuss insights, points of agreement, disagreement, etc. during your section meeting. 

 

A short, written assignment on the reading will be distributed during the discussion section, to be completed by the end of the discussion period.  Your discussion section GTF will grade these assignments, and those grades will make up the bulk of your overall discussion section grade.  Constructive classroom participation may raise borderline discussion section grades.

  

            You will not ordinarily be allowed to complete discussion section written assignments outside of discussion section.  Therefore, regular attendance of your discussion section is strongly encouraged.

 

The Instructor

Professor Davidson received his Juris Doctorate in 1992.  He has clerked for the Oregon Court of Appeals and, before returning to academia, worked as a public interest attorney for six years.  For the past five years, he has taught law and legal philosophy courses for the UO Department of Political Science and the UO School of Law.

 

Syllabus

DATE

TOPIC

ASSIGNMENTS

 

Week One

Mon. Sept. 28

 

 

No class 

 

 

 

 

Wed., Sept. 30

Introduction to Instructor and themes of course

 

Text: 22-41

         66-76

Fri, Oct. 2

The common law method;

Understanding and briefing court               opinions;

Jurisdictional questions

 

Text: same

Blackboard Quiz 1
Week Two

Mon., Oct. 5

 

 

The Judiciary and the federal system (federal supremacy, enumerated powers, full faith and credit)

 

 

Text: 81-122

Wed, Oct. 7

 

Same

Text: same

Fri, Oct. 9

Same

Same. 

Blackboard Quiz 2

Week Three

Mon, Oct. 12

 

Judicial methodology (common law and precedent, statutory interpretation, constitutional interpretation)

 

 

Text: 127-150

Wed., Oct. 14

Same

 

Text: same

Fri, Oct. 16

 

Administrative processes

Text: 289-326 (minus Kohn v. Minn and Jackson Mobilphone v. Tenn)

Blackboard assignment 3

Week Four

Mon, Oct. 19

 

 

Legal Profession and

Civil procedure (pleadings, discovery, trial practice, evidence, motions, remedies, judgments and appeals)

 

Text: 171-218

Wed, Oct. 21

Same

Text: same

 

Fri, Oct. 23

Same

Text: same. 

Blackboard assignment 4

Week Five

Mon, Oct. 26

 

Equity (overview)

 

Text: 223-242 (minus Finke v. Woodard)

 

Wed, Oct. 28

Equity and intergenerational justice

Davidson, “Tomorrow’s Standing Today”

 

Fri, Oct. 30

 

MIDTERM

Blackboard Quiz 5

 

Week Six

Mon, Nov. 2

 

Tort law (intentional torts, negligence, product liability)

 

 

Text: 361-400

Wed, Nov. 4

Same

 

Text: same

Fri, Nov. 6

Same

Text: same

Blackboard Quiz 6

Week Seven

Mon, Nov. 9

 

Property law (present and future interests in real property; personal property; intellectual property)

 

 

Text: 405-440

Wed, Nov. 11

Same

 

Text: same

Fri, Nov. 13

Same

Text: same 

Blackboard Quiz 7

Week Eight

Mon, Nov. 16

 

Contract law (elements of contract formation, statute of frauds, interpretation, remedies for breach)

 

 

Text: 519-553

Wed, Nov. 18

Same

Text: same

 

Fri, Nov. 20

Same

Text: same

Blackboard Quiz 8

Week Nine

Mon, Nov. 23

 

Criminal Process (complaint, arrest, indictment, arraignment, rights to counsel and jury, appeal)

 

 

Text: 245-284

Wed, Nov. 25

 

Same

Text: same

Fri, Nov. 27

 

 

THANKSGIVING BREAK ! !

 

Week Ten

Mon, Nov. 30

 

Criminal law (crimes against persons, property crimes, attempt and conspiracy, defenses)

 

 

Text: 483-512

Blackboard Quiz 9

(covering week 9)

Wed, Dec. 2

Same

Text: same

 

Fri, Dec. 4

 

Same

Same. 

Blackboard Quiz 10

 

Wed., Dec. 9

10:15 A.M.

 

FINAL EXAM ! !