* China University of Politics & Law: February 22 - March 5, 2010
* Peking University (Beijing Lawyers Association): February 1-12, 2010
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Course Materials
William Burnham, Introduction to the Law and Legal System of the United States (4th ed. 2006).
This book is available from Amazon or West. The parts we will read are reproduced below.
- Table of Contents
- Chapter I: History and Governmental Structure
- Chapter II: Legal Methodology
- Chapter III: Adversary System and Jury Trials
- Chapter V: Judicial System
- Chapter VI: Administrative Law
- Chapter VII: Civil Procedure
- Appendices:
Hoffman v. Jones (Florida Supreme Court)
Constitution of the United States
Diagram of the Structure of the Federal Government
Diagram of State and Federal Court Systems and Hierarchy
Diagram of a Typical Courtroom - Table of Cases, Index
Other Materials:
- Marbury v. Madison (U.S. 1803)
- How to Brief a Case
- Muscarello v. United States (U.S. 1998)
- Roberson v. Rochester Folding Box Co. (N.Y. 1902)
- Schoolhouse Rock, “I’m Just a Bill” (1975) (cartoon on the legislative process)
- Trial By Jury (video on trial procedure shown to jurors in Nashville, Tennessee)
- Class Lecture Notes (to view this, download the free 30-day trial of MindManager from http://www.mindjet.com)
- Sample Exam (Questions Only)
- Sample Exam (Questions & Answers)
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Syllabus:
1. COURSE INTRODUCTION
HISTORY & GOVERNMENT STRUCTURE:
Some Constitutional History
The Government Structure Provided for in the 1789 Constitution
Reading Due:
* Burnham 1-18
2. HISTORY & GOVERNMENT STRUCTURE (CONT’D):
Judicial Review
The States and Federalism
Reading Due:
* Burnham 19-35
* Marbury v. Madison (U.S. 1803)
3. LEGAL METHODOLOGY:
Sources of Law and Their Hierarchy
Anatomy of a Case
Briefing Cases
Exercise: Briefing McAvoy v. Medina (Mass. 1866)
Reading Due:
* Burnham 38-54, 73-79
* “How to Brief a Case”
4. LEGAL METHODOLOGY (CONT’D):
Introduction to Rule-Based Reasoning in the Common Law
The Common Law Method
- Induction/Deduction
- Analogy
Study Skill: The Structure of Rules
Reading Due:
* Burnham 63-73
Homework Due:
* Write a case brief of Roberson v. Rochester Folding Box Co. (N.Y. 1902)
5. ADVERSARY SYSTEM AND JURY TRIALS:
The Characteristics and Rationale of the Adversary System
Juries
The Jury Trial and the Lawyer’s Role in It
Study Skills: The Socratic Method; Making a Class Outline
Reading Due:
* Burnham 80-109
6. ADVERSARY SYSTEM AND JURY TRIALS (cont’d):
Evidence Law
Criticisms of the Adversary System
Criticisms of the Jury System
Study Skill: Taking an Exam
Reading Due:
* Burnham 109-125
7. JUDICIAL SYSTEM:
* Trial Courts and Appellate Courts: Their Basic Characteristics and Interrelationship
* State and Federal Court Structure and Characteristics
Reading Due: Burnham 165-194
8. CIVIL PROCEDURE:
The Pleading Stage of the Case
The Discovery Stage
Motion for Summary Judgment and the Final Pretrial Conference
Trial Procedure
Judgments in Civil Cases: Money Damages, Equitable Relief and Costs
Effect of Judgments
Resolving Cases without Litigation
Reading Due:
* Burnham 226-265
In-Class Exercise: 2-3 minute presentation on a Federal Civil Procedure topic:
* Summarize relevant information from Burnham
* Supplement with information from 2-3 secondary sources from Westlaw, such as:
* Am Jur 2d (encyclopedia)
* FPP (Federal Practice and Procedure treatise)
* FedProc (Federal Procedure treatise)
* FRCP-RC (Federal Rules of Civil Procedure–Rules & Commentary)
* Law review article
* Bring copies of the secondary authorities that you use to class.
* Assignments:
1. Complaint:
2. Venue:
3. Compensatory Damages:
4. Punitive Damages:
5. Declaratory Relief:
6. Service of Process:
7. Motion to Dismiss:
8. Answer: Jessica
9. FRCP Rule 11 Sanctions:
10. Joinder of Parties:
11. Class Action:
12. Deposition:
13. Interrogatory:
14. Request for Admission:
15. Motion for Summary Judgment:
16. Pre-Trial Conference:
17. Motion for Judgment Notwithstanding the Verdict:
18. Jury Nullification:
19. Motion for New Trial:
20. Motion to Impeach the Verdict:
21. Garnishment of Wages:
22. Writ of Execution:
9. ADMINISTRATIVE LAW:
Types and Purposes of Administrative Agencies
Rule-Making Functions of Agencies
Adjudicatory Functions of Agencies
Judicial Review of Agency Action
Presidential and Congressional Controls on Federal Agency Action
Reading Due:
* Burnham 195-225
10. STATUTORY INTERPRETATION IN A COMMON LAW SYSTEM
Reading Due:
* Burnham 49-63
Homework Due:
* Write a Case Brief of Muscarello v. United States (U.S. 1998)
11. CLOSED BOOK EXAM
