6202–3 Contracts I–II (3–3) L. Fairfax, Maggs, Schooner, Selmi, Swaine, Wilmarth
Legal remedies of contracting parties, including damages in contract and quasi-contract, specific performance, reformation, rescission, remedies in tort; acts creating and terminating contractual rights, including offer and acceptance, mistake, problems of proof; function of consideration; conditions; assignments; third-party beneficiaries; effect of changed circumstances; protection of the client’s interests upon breach or threat of breach by the other party. Emphasis on problems of analysis, draftsmanship, adversary method. (Examination)
6206 Torts (4 day) (2–2 evening) Diamond, Schechter, N. Schoenbaum, Suter, Turley
Liability for harm to person or property. Intentional torts, negligence, nuisance, products liability, defamation, and invasion of privacy; fault and other bases for shifting losses; causation; damages; effects of liability insurance; problems under Federal Tort Claims Act. (Examination)
6208 Property (4) E. Brown, Glicksman, Manns, Nunziato, Overton, Tuttle
Basic concepts of personal property. Real property: historical background of the law of estates and conveyancing, types of estates, dower and curtesy, landlord and tenant relationship, concurrent estates, future interest at common law and after the Statute of Uses; introduction to modern conveyancing—the real estate contract, the deed, the recording system, methods of title assurance. (Examination)
6210 Criminal Law (3) Braman, Cottrol, Diamond, R. Fairfax, Solove
An overview of the criminal justice system; dimensions of the problem of crime and goals of penal sanctions. An examination of what conduct should be made criminal and what sanctions should be applied. The theoretical anatomy of a criminal offense (elements of mens rea and actus reus), the general principles of criminal liability, and the various defenses. Special problems, such as conspiracy, inchoate crimes, causation, insanity, and complicity, are subjected to detailed analysis. (Examination)
6212–13 Civil Procedure I–II (3–3) Abramowicz, Berman, Friedenthal, Gutman, A. Morrison, Peterson, Raven-Hansen, Schaffner, Siegel, P. Smith, Trangsrud
The theory and practice of civil litigation. Analysis of the goals, values, costs, and tensions of an evolving adversarial system of adjudication. Examination of the rules and statutes that govern the process by which substantive rights and duties are enforced in our federal and state courts. Topics include the relationship of procedure to substantive law, the proper reach of judicial authority, pleading, motions practice, joinder of parties and claims, class actions, pretrial discovery, trial by jury, remedies, post-trial procedure, appeals, claim and issue preclusion, and alternative dispute resolution. (Examination)
6214 Constitutional Law I (Federal Systems) (3) Cheh, Colby, Maggs, A. Morrison, P. Smith
Basic principles of U.S. constitutional law, with a focus on governmental powers and the role of the Supreme Court in interpreting and enforcing constitutional norms. The nature and scope of judicial review. The case and controversy requirement and other limitations on constitutional adjudication. Powers of the president and Congress; the separation of powers doctrine. Relationship of the national government to state governments and principles of federalism. The state action doctrine. (Examination)
6216 Legal Research and Writing (2) DeSanctis, Baisinger, and Staff
Introduction to use of a law library; research experience in primary, secondary, and specialized sources of law; practice in proper legal citation form. Instruction and practice in legal writing and analysis, with primary emphasis on legal memoranda. This course is graded on a letter-grade basis. Failure to complete the work in this course may result in the receipt of a grade of F.
6217 Introduction to Advocacy (2) DeSanctis, Baisinger, and Staff
Instruction and experience in the research and writing of pretrial motions and appellate briefs, with emphasis on preparing and presenting arguments persuasively. Also instruction and practice in preparing and presenting oral arguments. This course is graded on a letter-grade basis. Failure to complete the work for this course may result in the receipt of a grade of F.
6218 Professional Responsibility and Ethics (2 or 3) Cohen, Morgan, Tuttle, Hricik, Shawn, Szabo
Ethical problems involved in civil and criminal counseling and litigation. Rules of Professional Conduct and legal discipline; roles of bar associations and courts in regulating lawyer conduct. Credit may not be earned for both Law 6218 and Law 6343. (Examination)