Chicago-Kent College of Law
Course: Introduction to U.S. Law
2015 Location: China University of Politics and Law
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Textbook
William Burnham, Introduction to the Law and Legal System of the United States (5th ed. 2011).
This book is available from Amazon or West.
Other Printed 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)
- Transcript of the Oral Argument in Dep’t of Health and Human Services v. Florida (2012)
- Sample Exam (Questions Only)
- Sample Exam (Questions & Answers)
Lecture Notes
- Intro to the U.S. Constitution
- Federalism and the Commerce Clause
- Sources and Hierarchy of U.S. Law
- Anatomy of a Judicial Decision
- Briefing Cases
- Stare Decisis
- Reasoning by Analogy
- Diagramming Rules
- The Common Law Method–Induction & Deduction
- Overview of the Court System
- Federal Rules of Evidence
- Adversary System
- Criticism & Defense of the Adversary System
- Overview of Federal Civil Procedure
- Administrative law
- Exam Tips: How to Write an Essay
Videos
- 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)
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Syllabus:
Class 1
Course Overview
Intro to the Constitution
* Brief Constitutional History
* Gov’t Structure Per the Constitution
* Principles That Shape the Constitution
Reading Due:
* Burnham 1-18 (History and Governmental Structure)
Class 2
Intro to the Constitution (cont’d):
* Judicial Review
* Federalism and the Commerce Clause
Reading Due:
* Burnham 18-37 (History and Governmental Structure)
* Marbury v. Madison (U.S. 1803)
Class 3
Legal Methodology:
* Sources of Law and Their Hierarchy
* Anatomy of a Judicial Decision
* The Case Brief
Reading Due:
* Burnham 38-49, 73-79 (Legal Methodology)
* “How to Brief a Case” / Baxter v. Fugett (Okla. 1967)
Homework Due:
* Write your own brief of Baxter v. Fugett
Class 4
Legal Methodology (cont’d):
* Review case brief for Roberson v. Rochester Folding Box Co. (N.Y. 1902)
* Stare Decisis
Reading Due:
* Burnham 64-66 (Form and General Nature of Caselaw)
Homework Due:
* Write a case brief of Roberson v. Rochester Folding Box Co. (N.Y. 1902)
Class 5
Legal Methodology (cont’d):
* Induction/Deduction
* Analogies
* The Structure of Rules
Reading Due:
* Burnham 66-74 (The Legal Reasoning Process in Caselaw)
Class 6
Organization of the Court System:
* Trial Courts and Appellate Courts: Their Basic Characteristics and Interrelationship
* State and Federal Court Structure and Characteristics
Study Skills:
* Making a Class Outline
* Taking an Exam
Reading Due: Burnham 167-197 (Judicial System)
Class 7
The Adversary System and Jury Trials
* Intro to the Adversary System
* Jury Trials
* Video
Reading Due:
* Burnham 80-109 (Adversary System and Jury Trials)
Class 8
The Adversary System and Jury Trials (cont’d):
* Evidence Law
* Criticisms and Defense of the Adversary System
Reading Due:
* Burnham 109-126 (Adversary System and Jury Trials)
Class 9
Civil Procedure:
* The Pleading Stage of the Case
* The Discovery Stage
* Motion for Summary Judgment and the Final Pretrial Conference
* Judgments in Civil Cases: Money Damages, Equitable Relief and Costs
* Effect of Judgments
* Resolving Cases without Litigation
Reading Due:
* Burnham 226-253 (Civil Procedure)
In-Class Exercise: 2-3 minute presentation on a Federal Civil Procedure topic:
* Summarize relevant information from Burnham
* Supplement this by reading about your topic in the Federal Rules of Civil Procedure (FRCP) at http://www.law.cornell.edu/rules/frcp/
Class 10
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 198-228 (Administrative Law)
Closed Book Exam
How to Succeed in This Class / Grading
Tips for success in this class:
- Do the reading and homework.
- As you encounter legal terms you don’t know, look them up in a legal dictionary. Black’s Law Dictionary is included in your WestlawNext subscription.
- As you do the reading and homework, note questions & comments, then raise them in class.
- Participate and volunteer in class.
- Embrace ambiguity: There are ambiguities and gaps in rules, facts, and how the rules should be applied to the facts. Identify them.
- Learn to analyze and argue from two (or more) sides.
Here is how your grade will be determined:
- 80% exam
- 20% class participation
What to Bring to Class
- Your textbook (both parts)
- All additional reading assignments you’ve completed. (We may refer back to them).
- All homework assignments you’ve completed. (We may discuss them in class).
- Feel free to bring English and legal English dictionaries