LS: Pre-Law: Course Syllabus

POS/PLA 420

Advanced Legal Method and Process

 

 

Spring Semester, MWF @ 9:00-9:50 – K-423

Paraphrasing Justice Holmes, the young and inexperienced person knows the rules, but the older and wiser person knows the exceptions to the rules.

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, et. als.
The Craft of Legal Reasoning; Porto, Brian.
Other resources: www.flagler.edu/academics/prelaw/index.html

Course Objectives:
The objective of this course is to aid motivated students in developing the analytical skills essential for success in Law School. Students will learn how to read judicial opinions closely, to analogize and distinguish cases, to analyze legal disputes, and to synthesize judicial decisions. Students will also understand the criminal justice system, statutory interpretation, and the role of the courts in our American society.

Course Requirements:
Mastery of the course materials is required. For your final grade, fifty percent of the course grade will result from the final exam and fifty percent of the course grade will result from writing assignments. All writing assignments in this class must be typed with 12-point font and one-inch margins, and be double-spaced. Late papers will be discounted 10 points for each hour received after the due date. Lateness is not tolerated in the law or by me. Give your very best effort all the time.

Course Outline:
I. Synthesis of Host & Negligence Cases
II. The Criminal Justice System
III. The Interpretation of Statutes
IV. The Role of the Courts

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 the student demonstrates significant improvement.

Attendance:
Attendance is expected and necessary to master course materials. More than three unexcused absences will result in a grade reduction. Two tardies equal one absence. Nine absences will
result in the assignment of a WP or a WF, whichever may be appropriate. If you have a reason for being absent, please tell me.

Cheating:
Cheating will not be excused or tolerated. Anyone caught cheating will receive an “F” for the course (See Catalog). There will be several graded writing assignments throughout the semester. These papers are not collaborative assignments. You will be required to analyze and synthesize legal issues; therefore, the analysis should be your own work and not the product of a collaborative effort with other students. This collaboration as cheating policy applies only to the two graded writing assignments. Otherwise, study groups are encouraged as a valuable learning tool.

Methods of Instruction:
The Socratic method will be employed by the instructor. Lecturing will be minimal. Judicial opinions will be required reading. Class discussion is mandatory for all students. Read the entire assignment and think about all the questions prior to the class meeting.

Learning Outcomes:
Advanced Legal Method and Process is designed to teach the pre-law student the basic skills that will be needed to succeed in Law School. These skills include the following:

- To think logically and analytically using the craft of legal reasoning
- To identify the important facts in a legal dispute or a legal case
- To derive rules from various judicial opinions
- To analogize and distinguish legal cases
- To synthesize rules after reading a series of judicial opinions
- To read and interpret complicated statutes
- To synthesize rules from various statutes
- To brief judicial opinions in a lawyerly manner

Statement on Diabilities:
Special services and 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 the academic semester. I will attempt to reasonably accommodate you.

Office Hours and Location:
Mon. - Fri. @ 7:30- 9:00 A.M., other times by appointment. Kenan Hall, Room 309. My office door is always open to you.

Telephone:
Office: 829-6481 ext. 338
Home: 827-1256
E-mail: polandrc@flagler.edu

Cell Phones:
These must be turned off, unless prior permission is given due to emergency situations. I find these very annoying and disruptive to the flow of class discussion.

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 unwritten and uncertain, so too this schedule may be modified if necessary.

1st Week- Introduction to the course and discussion of the syllabus.
Review Porto Ch. 4 pp. 116-123 as an example of a synthesis. Read text pp.261-280. Brief Babcock, Dym, Tooker, & Neumeier,
Write a synthesis on the liability of hosts to their guests.(5-7 pages)

2nd Week- Read pp. 280-296; Brief Mitchell, Comstock, Batalla, & Johnson, and write a synthesis on the negligent infliction of emotional distress. (5-7 pages)

3rd Week- Read pp. 297-334; Brief Rochin and Duncan. Do case questions.

4th Week- Read pp. 334-369; Brief Betts, Gideon, Wolf, and Mapp. Do case questions.

5th Week- Read pp. 370-379; Do Problems 1-5. Read Porto Chapter 2.
Do Questions.

6th Week- Read pp. 379-406; Brief Caminetti, Temple, Chung Fook and American Trucking. Do case questions.

7th Week- Read pp. 406-447; Brief Rector, Riggs, W.O. Johnson, and TRW INC. Do case questions.

8th Week- Read pp. 447-453; Solve the “Problem” to the best of your ability.

9th Week- Read Porto Chapter 3; Do case questions. Read pp. 454-475; Brief Marbury. Do case questions.

10th Week- Read pp. 476- 513; Brief Frothingham, Flast, and Valley Forge Christian College. Do case questions.

11th Week- Read pp. 514-528; Brief Defunis and Lane. Do case questions.

12th Week- Read pp. 528-547; Brief United Public Workers and Baker. Do case questions.

13th Week- Read pp. 548-594; Brief Younger, Steffel, Hicks, and Trainor. Do case questions.

14th Week- Review with Hypotheticals as time permits. Bring hypos to class.

15th Week- Final Exam: (Comprehensive) See Registrar’s Schedule

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