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LS:
Pre-Law:
Course
Syllabus POS/PLA
419
Legal
Method and Process
Fall
Semester
-
MWF@9:00-9:50
"An Axiom Which
Is Always True: Nam Et
Ipsa Scientia Potestas
Est" –Francis
Bacon
Instructor:
Judge Richard Poland,
Associate Professor
of Law.
E-mail: polandrc@flagler.edu
Office Hours and Location:
M-F 7:30-9:00 A.M.,
or other times by appointment.
Kenan Hall, Room 309.
My door is always open
to you.
Telephone:
819-6338
Texts:
Introduction to
Legal Method and Process;
Berch, Berch, and Spritzer,
3rd Ed. 2002, West
Publishing Group.
The
Craft of Legal Reasoning;
Porto, Harcourt Brace College
Publishers.
Additional resources
available at: www.flagler.edu/academics/prelaw/index.html
Course Objectives:
The objective of this
course is to aid pre-law
students in developing
the analytical skills
essential for success
in Law School. Students
will learn how to read
closely and to brief
judicial opinions;
to analyze legal disputes;
to analogize, to distinguish,
and to synthesize judicial
decisions.
Course Requirements:
Mastery of the course
materials is required.
Fifty percent of the
course grade will result
from the final exam
and 50% of the course
grade will result from
writing assignments.
All writing assignments
in this class must
be typed with 12-point
font, one-inch margins,
and double-spacing.
Daily reading, thorough
preparation, and analytical
papers are the keys
to success in this
class. Any paper not
presented on the due
date will be discounted
20 points for each
day late.
Course Outline:
I. Methods of the Study
of Law
II. The Art of Legal
Reasoning
III. The Anatomy of
a Legal Dispute
IV. Analysis and Synthesis
of Judicial Decisions
Grading:
A = 90-100 B = 80-89
C = 70-79
D = 60-69 F = Below
60
I reserve the right
to “bump up” borderline
grades based on class
participation if a
student demonstrates
a mastery of the material
and improvement throughout
the semester.
Attendance:
Attendance is expected
and necessary to master
course materials. More
than three unexcused
absences will result
in a grade reduction.
More than 5 absences
will result in a "WF" or
a "WP," whichever
is appropriate. Two
tardys equal one absence.
If you have a reason
for missing a class,
let me know that reason
so that I can determine
whether it should be
excused.
Cheating:
Cheating will not be
excused or tolerated.
Anyone caught cheating
will receive an "F" for
the course (See College
Catalog). There will
be several graded writing
assignments throughout
the semester. These
papers are not collaborative
assignments. These
papers will require
you to analyze and
synthesize legal issues;
therefore, the analysis
should be your own
work and not the product
of a joint effort with
other students. This
collaboration policy
applies only to the
written assignments.
Students can learn
from each other and
study groups are encouraged.
Methods of Instruction:
The Socratic method
will be employed by
the instructor. Lecturing
will be minimal. Judicial
opinions will be required
reading and class discussion
is mandatory.
Statement
on
Disabilities:
Special services and
reasonable accommodations
are available to those
who are registered
with the Office of
Services for Students
with Disabilities and
who request assistance
before the beginning
of a given academic
semester (See College
Catalog).
Learning Outcomes:
Legal Method and Process
is designed to begin
the process of teaching
pre-law students the
basic reasoning skills
that will be needed
to succeed in law school.
These skills include
the following:
- To think logically
and analytically using
the principles of legal
reasoning as taught
in this course.
- To identify the important
facts in a legal dispute
or a judicial opinion
and to apply those
facts to a new situation.
- To derive legal rules
of law from various
judicial opinions and
then apply those rules
to different factual
situations.
- To synthesize judicial
opinions after reading
a series of law cases
and then to apply that
synthesis to new hypotheticals.
- To write clearly
and effectively.
Course Schedule:
Below is a tentative
list of class assignments.
Although it is detailed,
it is not written in
stone. Just as the
future is both unwritten
and uncertain, so too
this schedule may be
modified if the need
arises.
Assignments
1st Week- Read Text
pp. 1-40. Read The
Craft of Legal Reasoning
Chapter 1.
Do Questions pp. 25-26.
2nd Week- Read Text
pp. 40-69; Brief Rush;
Do Questions 1-6, pp.
50-52.
3rd Week Read- The
Craft of Legal Reasoning
Chapter 4. Do Questions
pp. 127-128. Read Text
pp. 70-94; Diagram
the accident.
4th Week- Read Text
pp. 95-118; Draft a
Complaint and Answer;
Brief Hickman.
5th Week- Read Text
pp. 119-147; Analyze
the Transcript.
6th Week- Read Text
pp. 148-169; Do Questions
1-13, pp. 163-169;
Brief Pennoyer.
7th Week- Read Text
pp. 169-186; Brief
Hess, International
Shoe Co.
Do Questions pp. 171-173
and pp.180-186.
8th Week- Read Text
pp. 186-218; Brief
Schaffer, Burnham:
D0 Questions pp. 186-188,
pp. 205-209, and pp.
216-218.
9th Week- Whither Jurisdiction
and Cyberspace? Discuss
Zippo Manufacturer
v. Zippo Dot Com, Bensusan
Restaurant Corp. v.
King, and Panavision
International v. Toeppen.
(See Handout) Write
first synthesis. (5-7
pages)
Synthesis: An integration
of various cases involving
one area of the law.
10th Week- Read Text
pp. 218-237; Brief
Sniadach, Fuentes;
Do Questions pp. 223-225
and pp. 237-240.
11th Week- Read Text
pp. 240-260; Brief
Mitchell, North Georgia
Finishing, Inc.; Do
Questions pp. 259-261.
12th Week- Brief Connecticut
v. Doehr. Write second
synthesis. (5-7 pages)
13th Week- Read The
Craft of Legal Reasoning
Chapter 5. Do Questions
pp.158-159.
Read The Craft of Legal
Reasoning Chapter 6.
14th Week- Review Course
Materials. Bring hypotheticals
to class for review.
15th
Week- Final Exam (See Registrar’s
Schedule) Remember: “The
young man
knows the rules, but
the old man knows the
exceptions.” – O.W.
Holmes
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