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Administrative Law 2 Units: Elective, Pass/No Pass
Statutory and Executive laws frequently empower administrative agencies to flesh-out the law and administer its commands. As such the bureaucratic regime created thereby engenders a complex set of legal rules. These rules may be found in Administrative Procedures Acts and agency rules. The regulatory complex so created, the sources for authority, the processes and rules of the agency and predicates for successful challenges thereto make up the substance of this class.
Admiralty Law 2 units: Elective; Pass/No Pass
An introduction to the principles of admiralty law addressing the general concepts of jurisdiction, carriage, cargo, salvage, and injury to seamen and others involved in maritime activity. The course explores the similarities and dissimilarities of admiralty principles and those of the common law pertaining to Contracts, Torts, and Property.
Advanced California Civil Procedure: Law and Motion Practice 2 units: Elective; Pass/No Pass
This course provides practical introduction to basic procedures practice with special attention to the Code of Civil Procedure, Rules of Court and the forms provided by the Judicial Council. Major class projects may include a Demurrer (including the so-called "General Demurrer" and Response thereto, and a Motion and Defense of a Summary Adjudication proceeding. Students will be required to prepare, among other things, appropriate and evidentiary sound Declarations; and Points and Authorities.
Advanced
Contracts 2 units; Elective; Pass/No Pass
The usual law school course in contracts presents the law
of contracts, but does not emphasize what transactional
lawyers do in putting together contracts once their clients
have acceded to the "deal points". This
course addresses the problems on placing intent to paper,
the need to anticipate problems, and the standard "forms" and boilerplate the careful scrivener is likely to consider
and use in translating the client's instructions to a sound
contract in fact.
Advanced
Criminal Law 2 units; Elective; Pass/No Pass
The Seminar focuses on selected California Criminal Law
"cutting edge" issues, including
the death penalty; the so-called "Three Strikes"
law; Proposition 36, the Drug Treatment Initiative; and
Proposition 21, the so-called Juvenile Justice Initiative.
Advanced
Evidence 2 units; Elective; Pass/No Pass.
The law of evidence is both difficult and theoretical.
This course presents a refined and detailed approach to
the problems and solutions of arcade recent developments
in the law of evidence.
Advanced Federal Taxation 2 units; Elective; Letter Grade
This course deals with more involved, but nevertheless commonly
encountered issues in federal taxation. Topics include,
among others, audits; failure to file; fraud; offers-in-compromise;
joint vs. separate filings; and innocent spouse relief.
Please be advised that Federal Taxation is a prerequisite
to this course.
Advanced Legal Writing 2 units;
Required; Pass/No Pass
This fourth-year course consolidates skills in legal analysis
and written communication of information. It emphasizes
concise, coherent analysis in a variety of subject areas.
Students are instructed in organizing complex legal arguments
in a number of advanced writing exercises.
Advanced Torts 2 units; Elective;
Pass/No Pass
The course focuses on the practical application of substance
torts concepts to actual cases the practitioner may encounter
in the areas of personal injury and business. Determining
the elements of the tort to be alleged, appropriate defenses
to the claims and the lawyer's fitting responses thereto
will be developed in the careful and intense study of 7
actual cases from event to verdict. The class will
address the methods of fact-finding and issue analysis required
of the prudent lawyer to vindicate the client's position,
whether plaintiff or defendant.
Bankruptcy 2 units; Elective;
Pass/No Pass
The course broadly explores the history, theory and procedure
of U. S. Bankruptcy law with special emphasis on property,
tort and contract implications of the Bankruptcy Act. The
objective of the course is to provide a reasonably practical,
as well as theoretical familiarity with the law in preparation
for handling bankruptcy issues in private practice.
Business Organization 4 units; Required; Letter Grade
The class analyzes the legal structure and characteristics of various business organizations using the corporation as the basic model. Topics include the utilization of agents; the promotion of business; selection between the various forms available; the attributes of each and problems and issues in formation; the distribution of power and benefits within the organization; the limitations on conduct and the consequences of action or inaction imposed by the applicable duties of care, duties of loyalty and special fiduciary responsibilities emanating from federal law and state law (whether by statute, regulation or common law); the procedural requirements of litigation inter se; capital structure and financing; and the fundamental changes that may occur in the organization such as dissolution, sale of assets, mergers, as well as the rights and duties attendant thereto.
California Civil Procedure: Pleading and Law and Motion Practice 2
units; Elective; Pass/No Pass
This course focuses on California
state court procedure and is a very practical and important
course for students. Among the subjects discussed will be
pleadings, discovery, motion practice, and trials. Pertinent
parts of the California Code of Civil Procedure, Civil Code
and Rules of Court will be reviewed.
California
Real Estate Finance (Mortgages) 2 units; Elective; Pass/No
Pass
The course covers the use of real property as security for
the repayment of borrowed funds and other obligations. It
focuses on the obligation contract between debtor and creditor;
the security agreement (mortgage, deed of trust, equitable
and other mortgage substitutes) and the rights and remedies
of the party in the event of failure to perform either in
the context of California's "one action" or anti-deficiencies
rules, or both. It should be noted that it is estimated that roughly
20% of the real property MBE questions on the General Bar
Exam concern "mortgage law."
California Residential Landlord-Tenant Litigation 2 units;
Elective; Pass/No Pass
Students will study the residential tenancy from its creation
and the issues involved, to its termination in Unlawful
Detainer and the problems of litigation when a person is
ousted from their residence.
California
Special Courts 2 units; Elective; Pass/No Pass
California has developed a system of "special courts"
to address "special needs" of a complex society.
Starting with Probate Court, the state now recognizes Juvenile
Court, Drug Court, and Family Law Court. The special
jurisdiction, expertise and procedures of these courts are
analyzed together with their commonality and roots in the
common law-equity system.
Civil Procedure 5 units; Required;
Letter Grade
This course studies Federal and California Rules of Civil Procedure
which govern civil cases from filing to final disposition.
In the first semester, the course surveys each of the procedural
stages followed by a detailed consideration of issues relating
to personal and subject matter jurisdiction; venue; and
conflicts of law. The second semester focuses on pleadings;
joinder; discovery; pretrial disposition; trial; appeal;
pendent jurisdiction and preclusion.
Community Property 2 units; Required; Letter Grade
The course involves the careful study of the origin, history
and development of community property law in California;
rights and interests of the respective spouses in the community,
including agreements and dissolution; and differentiation
of separate and community property.
Comparative Constitutional Law 2 Units; Elective; Pass/No Pass
The Constitution of the United States, a document which has proven both resilient and dynamic is often looked upon as a model to be emulated by political entities on the cusp of democracy and in the early stages of building a constitutional structure. This course focuses on the developing constitutional structure of Iraq and the extent to which that evolving process may be informed by American constitutional principles or by the constitutional principles and interpretations adopted by Islamic countries. The course then explores a number of broad constitutional questions such as the essential prerequisites for the development of a constitutional democracy, the challenge of coexistence between constitutionalism and Islamic law, and the tension between the need for a viable and independent federal judicial branch and the demand by large ethnic and religious communities for autonomy from a central government which has historically disenfranchised them.
Conflict of Laws 2 units; Elective; Pass/No Pass
Conflict of Laws is the study of how law is applied when courts decide legal issues that have connections to and implications for diverse legal systems, both foreign and domestic. Often referred to as Private International Law in civil law jurisdictions, it is a particularly topical subject since the frequency of Conflict of Laws issues confronting legal practitioners is on the rise given the growth of international trade and travel. This course will focus more heavily on choice of law, and to a lesser extent, on jurisdiction and recognition. In addition, quality time will be spent learning and discussing the various approaches to Conflict of Laws that have been espoused over the years by some of the law's greatest thinkers.
Constitutional Adjudication 2
units; Elective; Pass/No Pass
This class offers a close review of major decisions in constitutional
law stressing the reoccurring themes of Constitutional law
such as equal rights, freedom, and the limitation thereof.
Methods and techniques by which legal cases make it through
final adjudication by our highest court are discussed as
well as the political stress placed on the Supreme Court
in adjudicating sensitive political cases consistent with
recognized constitutional principles.
Constitutional
Law 6 units; Required; Letter Grade
A comprehensive study of the American constitutional system
comprised of U. S. Supreme Court interpretations of the
most frequently litigated clauses of the U. S. Constitution;
emphasis on procedures by which constitutional issues are
raised and determined with materials appropriate for the
process of decision; national and state power; separation
and delegation of powers; due process of law; equal protection
under the law; and First Amendment and other civil liberties.
Contracts 6 units; Required;
Letter Grade
A basic study of the fundamental principles governing the
law of contracts, including offer, acceptance and consideration;
parties affected by contracts, including joint obligations,
conditions, interpretation, assignments and contracts for
the benefit of third persons; illegality and discharge;
study of the Statute of Frauds and Parol Evidence as they
pertain to contracts.
Construction Law; 2 units; Elective;
Pass/No Pass
The course provides a background in construction law, with
an emphasis on practical application of legal concepts pertaining
to construction contract agreements to remedies for their
breach. Students will be called upon to analyze construction
contract clauses, and to learn to advise clients about the
risks and benefits of such clauses as they relate to indemnity,
remedies (with particular consideration of ADR), attorney's
fees and insurance.
Copyright
Law; 2 units; Elective; Pass/No Pass
Copyright, although one of the oldest statutory laws, is
the subject of today's headlines in actions such as Viacom
vs. Google, involving the issue of whether internet videos
infringe copyrights of media firms. This course will
explore the nature of copyright in contrast to other forms
of intellectual property protection. The course will
cover copyrightable subject matter, ownership and federal
registration. Scope of copyright, particularly for
software and media, will be examined, together with general
limitations on copyright including fair use. How copyright
should be applied to new technologies, such as digital file
sharing, also will be addressed as well as infringement actions,
damages, injunctions and license agreements as negotiated
settlements. Brief treatments of international
copyright and federal preemption will be included.
Criminal
Law 6 units; Required; Letter Grade
Fundamental problems in the substantive law of crimes and
its administration; the content of criminal law; punishable
acts and omissions; mental state requisite to punishment;
scope of liability under modern law for conspiracy and attempt,
and for participation in crimes committed by others; enforcement
of the law; and an introduction to criminal procedure.
Criminal Procedure 3 units; Required;
Letter Grade
This course studies the validity of arrests, searches and
seizures, and motions for suppression; the right to counsel
and proceedings preliminary to trial; plea bargaining; prosecution
and defense tactics and strategies.
Education Law 2 units; Elective;
Pass/No Pass
This course takes a generic view of the law pertinent to
educational issues from federal and state Constitutional
requirements to student discipline. The breadth of
issues covered will test the student's facility with contracts,
torts and constitutional law concepts.
Electronic Evidence 2 units; Elective; Pass/No Pass
During this course, students will study the laws regulating the preservation, discovery, admissibility and presentation of electronic information for legal proceedings. The cases and material will cover three aspects of this subject matter:
(1) Legal – Students will be study and use the federal and California Rules of Civil and Criminal Procedure and Rules of Evidence governing the preservation, discovery, admissibility and presentation of material compiled, maintained or presented in electronic form;
(2) Technical – Students will be exposed to basic electronics with a view toward understanding the technical language used to describe electronic information and the devices and software used to create, store, retrieve and present it. Students will be given an opportunity to use evidence presentation software to create and present electronic evidence;
(3) Psychological – Students will study materials on effective use of electronic evidence to produce good decision making in our justice system.
The goal of the course is develop an understanding of how evidentiary issues are affected if the information is in or is converted to electronic form. Class time will be allowed for actual hands-on practice of the evidence presentation hardware and software. Access to a computer for work in class and between classes will be extremely helpful.
Employment Law 2 units; Elective;
Pass/No Pass
This course is a survey of the development of and current
issues and cases in employment law with an emphasis on California
law. It includes a discussion of the evolution of both the
Federal and State statutory regulation of the employment
relationship including the National Labor Relations Act,
Occupational Safety and Health Act, Fair Labor Standards
Act and various other state and federal statutes. The course
explores the employment relationship; terms and conditions;
employment contracts; employee/employer rights; and terminating
the relationship. In addition, it reviews the erosion of
the employment-at-will doctrine and the growth of wrongful
discharge litigation.
Entertainment Law Seminar 2 units: Elective; Pass/No Pass
This is an exploratory course that studies the intersection of creative arts and property, and the commercial exploitation of both. Using the creation, development and marketing of video games as a model, the course examines both the common law foundations of Entertainment Law and the special legal rules developed to cover the special needs of the industry.
Evidence 6 units; Required; Letter
Grade
This course studies the rules of common law, California
and Federal Rules of Evidence with special attention to
hearsay; relevancy; privileges; character evidence; real
proof; judicial notice; and other doctrines affecting the
admissibility of evidence in judicial proceedings.
Family Law 2 units; Elective; Letter Grade
This course addresses the legal rights and responsibilities in both marital and non-marital relationships. Topics include dissolution and separation; maintenance; child custody and support; domestic violence and child abuse; adoption and termination of parental rights.
Federal Taxation 2 units; Elective;
Letter Grade
This course explores the federal taxation of individuals,
business partnerships, and corporations; income, exemptions
and deductions; timing problems; capital gains and losses;
choice of taxable person; tax procedures; use of statutes,
regulations, and decisions; and other materials.
Financial Statements for Lawyers
2 units: Elective; Pass/No Pass
This course introduces the student to accounting principles
and issues and how they relate to the skills required of
the careful lawyer. The implications for the lawyer
of accounting and financial practices on business decisions
will form the focal point of the course. However,
the course will not be overloaded with "number crunching."
Government Contracts 2 units:
Elective; Pass/No Pass
The course addresses the special considerations imposed
when an agency of the federal government is one of the contracting
parties.
Immigration Law 2 units: Elective;
Pass/No Pass
The exploration of the U. S. immigration system from constitutional,
statutory, regulatory and policy perspectives forms the
core of this course. Topics include source and scope of
congressional power to regulate immigration; procedures
for admission and removal; proposals for immigration reform;
and the acquisition and loss of U. S. citizenship.
Independent Study Maximum of
2 units per semester with a maximum of 6
units during entire law school attendance; Elective; Credit/No
Credit
The Independent Study curriculum is designed to provide
students with the opportunity to enhance their legal education
through non-classroom activities. Students may earn academic
credit for approved Independent Study activities. Students
interested in participating in Independent Study must review
and follow the procedures set forth in the School's Independent
Study Handbook which contains the guidelines and forms applicable
to the Independent Study curriculum.
The Independent
Study curriculum is comprised of the following three electives:
•Directed
Research: This course provides students with an
opportunity to conduct thorough research on
a topic of their choice and prepare a paper of publishable
quality under the direction and supervision of a faculty
member. Please be advised that students must obtain advanced
written approval from the Director of Independent Study
in order to take this course.
•Internship: This course provides students
with an opportunity to receive practical legal training
under the supervision of a judge or an attorney. Please
be advised that students must obtain written advanced
approval from the Director of Independent Study in order
to take this course.
•Law Review: Members of the Lincoln Law Review
may receive credit for their academic work on Law Review
through the Independent Study curriculum.
International Commercial Dispute Resolution 2 units: Elective; Pass/No Pass
The expansion of global markets has heightened the need for the amicable settlement of transnational commercial disputes. While some international disputes will be resolved through litigation, most will not be settled in national courts. What alternative resolution options are available to commercial disputants form the basis for this course. The course will emphasize the utility of mediation, conciliation, arbitration, as well as litigation as appropriate vehicles for the settlement of international contentions.
Insurance
Law 2 units; Elective; Pass/No Pass
The course offers a survey of insurance law from the requirement
of an "insurable interest" to the scope and limitations
of coverage under various policies. Topics include the nature
of an "insurable interest"; the standard form
insurance contract; the scope of coverage; and the rights
and duties of the insurer and the insured. The class emphasizes California law.
Intellectual Property I 2 units;
Elective; Pass/No Pass
A survey course introducing the law of trademarks, copyright
and patents, including the bases for claims, the vindication
of claims and attacks thereon; the rights of the right-holder;
the scope and breadth of the rights; and the duties of others
with respect thereto.
Intellectual Property II 2 units;
Elective; Pass/No Pass
Using the Internet as an exemplar, the course investigates
the law's response to "new" forms of intellectual
property. Initial exploration of regulation is made by study
of traditional forms of protection to reach and govern emerging
technology. The thoughts of Stanford law professor Lawrence
Lessig, particularly as expressed in his book, The Future
of Ideas are consulted to contemplate innovative responses
to the law in a world changed by "being connected" and revolutionary technology. Cases such as New York Times
vs. Tasini and Random House vs. Rosetta Books are carefully
analyzed.
International Law 2 units; Elective; Pass/No Pass
The intent of this course is to serve as an introduction to both public and private International Law. In addition to an historical overview of public International Law, the sources and fundamental concepts of international law will be reviewed, including the system of treaties, state sovereignty, the role of the UN, and emerging principles of customary law. Students will be exposed to the basic concepts of EU Law, Human Rights Law, as well as International Humanitarian Law. This course will also survey private international law, often called “choice of laws,” since it almost always involves resolution of differing principles and ways of legal proceedings among diverse legal systems.
Internet
Law 2 units; Elective; Pass/No Pass
Modernity is characterized by technology and technology
has required new law to address old issues. The Internet
is a choice example of old issues confronting new technology.
So privacy, theft, malicious mischief and spamming
all invade interests that the legal system has traditionally
protected. This course seeks to identify how the law
responds to this important, compelling, and invasive technology.
Introduction to Law 1 unit; Required;
Pass/No Pass
This course, offered to entering first-year students during
the weeks preceding the commencement of their first-year
of substantive courses, is an introduction to the substance
and process of law and legal education and it explores the
general sources of law; an introduction to legal reasoning;
the case method and techniques used by the courts in resolving
cases. Students are taught to analyze case law and statutes
and to cultivate an understanding of the judicial and legislative
processes. The course also provides students with an opportunity
to practice briefing cases, take a practice examination
and receive individual feedback on their writing and analyses
in preparation for first-year substantive courses.
Jurisprudence Honors 1 unit; Oxford Style Seminar/Tutorial
The Oxford style seminar is based on the tutorials at the Universities of Oxford and Cambridge that pair one student and one professor. In our program the model is two or three students with one professor. An aphorism known throughout higher education notes that "The ideal learning tool is [a very knowledgeable professor] on one end of a log and a student on the other." This seminar is intended provide that experience. Another objective is to accentuate the notion that legal education aims to address the fundamentals of the legal system as well as its plumbing.
Juvenile Justice Seminar 2 units; Pass/No Pass
Students will learn about the origins of the juvenile justice system and its founding principles. These theoretical concepts will then be grounded in common juvenile justice practices throughout the country. The course will focus on ethical and practical tensions that surround juvenile advocacy and will explore the local juvenile justice efforts in Santa Clara County from the perspectives of justice involved youth, community based judges,
and attorneys.
Land Use Law & Policy 2 units;
Elective; Pass/No Pass
An exploration of the legal regulation of land use and development. The course considers local land use planning and controls, including comprehensive planning, zoning, subdivision controls and planned communities. In-depth discussion of major issues in land use, such as takings, transfers of development rights, growth management, and the environmental regulation of land use.
Law of Domestic Violence 2 units; Elective; Pass/No PassSeminar
This seminar examines the various methods of state intervention into domestic relations when matters of violence are involved. Current California law of the subject provides the course’s nexus.
Law and Logic 2 units; Elective; Pass/No Pass
It is an old and oft repeated maxim that law school teaches a “new way to think.” If reasoning from the particular rather than the general is that “new” way, the adage is simply inaccurate for reasoning inductively while less common than reasoning deductively, requires a device that has been known for centuries. If, on the other hand, what is meant by the maxim is that lawyers’ reasonings sometimes are not necessary logical, but nonetheless treated so, we have embarked on a unique aspect of the law and its practice particularly in Common Law countries. When lawyers argue about the “reasonable person,” “good-faith,” “subjective and objective standards” they seem to be doing something that has elements of logic, social theory, philosophy, politics and political power. This course addresses these matters.
Legal Philosophy 2 units; Elective; Pass/No Pass
An issue sometimes debated in legal education is whether lawyers are technicians or something more. This debate sometimes surfaces in discussions about the purpose of legal education: is the appropriate focus in law school passing a Bar Examination, learning the law, its reasonings and role in seeking“Justice” in or for the or a “good society” (whatever such a society “is”), or something else? This honors seminar course is based on the premise that any functioning legal system rests on a consensus, conscious or unconscious, articulated or unarticulated, that posits the nature and appropriate function of a “legal system”. Following the premise, the course explores the components making up the “nature and function” as well as the province of the law. The course might be appropriately entitled “The Reasons Law School is Not Trade School or Why Lawyers Aren’t Plumbers”.
Legal Research & Writing
3 units; Required; Pass/No Pass
This first-year course provides integrated instruction
in legal research, analysis and writing. The curriculum
alternates short task-based exercises with longer assignments
that require effective legal research strategies and management
of multiple authorities in legal writing. Primary and secondary
sources are explained. Various methods for updating legal
authority are also included. The first semester emphasizes
manual library research and the second semester introduces
computer-assisted legal research.
Legislative Advocacy and Statutory Law 2 units; Elective; Pass/No Pass
This course is a comprehensive study of the California state legislative process, creation of statutory law and how advocates and advocacy impacts the process. There will be limited discussion of federal and local legislative processes. Significant time will be devoted in this interactive course to activities such as drafting legislation, reading and analyzing bills, as well as participating in mock hearings and legislative meetings.
Moot Court 2 units; Required;
Pass/No Pass
Emphasis on the skills, techniques, and format of appellate
brief preparation, procedure in reviewing courts, oral presentation
of facts and law, and the persuasive argument.
Moot Court (Honors Class) 2 units; Elective; Pass/No Pass
The course seeks to prepare students for Moot Court competitions.
The course is open only to students who have successfully
completed the Moot Court and received the recommendation
of the professors who taught that course.
Mortgage Seminar 2 to 4 units;
Elective; Pass/No Pass
The seminar involves careful study of security devices affecting
interests in real property and the tension created in the
law as the result of a model that treats the borrower as
a necessitous person needing protection of the law and the
lender as the source of all contracts by which the borrower
is bound. The course focuses not only on the law, but the theory behind the law in mortgage cases.
Negotiation & Mediation 2
units; Elective Honors Course; Pass/No Pass
This is an "Honors" course requiring interested
students to submit a Petition to the Dean for admittance
which is based on approval by, and at the sole discretion
of the Dean. The course explores the theoretical and
practical aspects of negotiating and mediating disputes
with emphasis on the collaborative negotiation model. The
objectives of the course are to: (1) familiarize students
with various negotiation models as a foundation for creating
their own negotiating style; (2) develop an understanding
of the context in which particular negotiation and mediation
strategies are successfully employed; (3) explore ethical
considerations and their impact on negotiations and mediations;
(4) develop proficiency in negotiation through role playing
and other practical exercises; (5) acquire basic skills
essential to serve as a mediator, including convening mediations,
conducting joint sessions, caucusing and assisting in the
creation of durable and enforceable agreements.
Personal
Property 2 units; Required; Letter Grade
A study of the law attendant to tangible and intangible
personal property that provides an analysis of ownership;
possession; methods of acquisition, transfer, and hypothecation;
and remedies to vindicate ownership or possession of such
property. Attention is devoted to the problems of bailment
and common carrier responsibilities. The course also serves
as a brief introduction to the concepts of so-called intellectual
property.
Products
Liability 2 units; Elective; Pass/No Pass
The history of products liability from its antecedents in
strict liability and warranties to the modern test of consumer
expectations and chain of commerce are carefully analyzed together with the policy issues that led to the development
of this tort as well as of the criticism that it operates
to reduce entrepreneurship and to limit markets and choice.
Professional Responsibility 2
units; Required; Letter Grade
Study of the legal profession as an institution; the development
of a sense of professional responsibility; privileges and
duties as a member of the legal profession; review of the
fundamentals of ethics and their application to legal problems;
study of the Model Rules of the American Bar Association
and the Rules of Professional Conduct of The State Bar of
California.
Race
and The Law 2 units; Elective; Pass/No Pass
This course provides an overview of the differing legislative
and judicial approaches to the so-called "American
Dilemma" where Race and the quest for equality intersect.
The problems of social stigmas and prejudice and efforts
to seek "equal justice under the law" are reviewed
from a both a historical and a Constitutional perspective.
Constitutional issues from Dred Scott v Sandford to Lopez
v. Union Tank Car, as well as "racial profiling" are explored in depth.
Real
Estate Negotiations 2 units; Elective; Pass/No Pass
This course addresses the strategies integral to successfully
negotiating the purchase and sale, exchange or leasing of
real property with the principals, professionals and regulatory
authorities. The course is open only to students who
have successfully completed Real Property I and II and who
have received the recommendation of the professors who taught
those courses or students who have completed their third
year and obtained a grade point average of 84 or higher;
or on recommendation of the Dean.
Real Property I (Estates and
Co-ownership) 4 units; Required; Letter Grade
This is a year long course for 2nd Year students that provides
an introduction of the law of property that focuses on interests
and estates in land as historically developed in England
and the United States and the co-ownership of estates and
the consequences thereof.
Real
Property II (Acquisition of Ownership and Conveyances) 4
units; Required; Letter Grade
This is a year long course for 3rd Year students that addresses
how interests in land are acquired, the consequences of
acquisition, the transfer of such interests, the effects
thereof, and restrictions on such interests whether imposed
privately or by government.
Real Property Sales Contracts: The California Deposit Receipt
2 units; Elective; Letter Grade
The course introduces students to the basic document encountered
in real estate transactions-the Agreement of Sale or so-called
"deposit receipt". Starting with the role of the
broker and issues of agency, the course turns to the purchase
and sale agreement. In reviewing the Agreement of Sale,
attention is devoted to the usual conditions found in such
agreements pertinent to the state of property, state of
title, and financing the transaction as well as to the negotiation
of the terms of those conditions and their satisfaction.
Additional matters, such as options, escrow and closing
are also considered.
Remedies 4 units; Required; Letter
Grade
This course provides a review, using both a historical and
an analytical approach, to remedy jurisdiction and the principles
of remedies with respect to contracts, torts and real property.
Topics include the powers of courts of equity; specific
performance; specific relief against torts; special equitable
remedies; interpleader; cancellation and surrender of contracts;
removal of cloud of title; declaratory judgment; the merger
or union of law and equity, both procedural and substantive.
Second Amendment: Constitutional Touch Stone; 2 units; Elective; Pass/No Pass
The course will take up the substance of one of the most controversial Amendments to the United States Constitution. With a Second Amendment case now pending before the United States Supreme Court, the course will provide a unique opportunity to study constitutional law in real time.
The Law of Politics 2 units; Elective; Pass/No Pass
The course addresses California and Federal law pertaining to qualification for candidacy and state and federal law regulatory campaign financing.
Torts 6 units; Required; Letter Grade
The course addresses the invasion of legally protected interests
of one person by another and study of the simple social
obligations which an individual owes to others according
to the traditions of the common law and subsequent development.
Individual torts are considered within the broad categories
of intentional invasions, negligent invasions and absolute
liability. Also included are issues related to defamation;
deceit; interference with business, political and family
relations; and addressing the major problem of determining
who should bear the loss incurred through the tortious act
of another.
Trademarks: An Introduction 2 units; Elective; Pass/No Pass
The course will answer the following questions: What is a trademark and how are rights in trademarks acquired? What it the test of trademark infringement and what are the remedies therefor? What are defenses against infringement? How does unfair competition and trademark dilution differ from trademark infringement? How do rights in domain names differ from trademarks? How do trademark rights impact advertising, performers’ rights and authors’ rights? What are the formalities of trademark registration? What are the dynamics of a trademark law practice?
Trial Practice 2 units; Required;
Pass/No Pass
This course provides students with a general introduction
to trial practice, procedures and strategies through a combination
of lectures and practical skills exercises.
Uniform Commercial Code 2 units;
Elective; Pass/No Pass
Introduction to Commercial Law surveying primarily Articles
2, 3, 4 and 9 of the Uniform Commercial Code. Coverage includes
an examination of the reciprocal rights, duties and responsibilities
of sellers and buyers of goods. The course also examines
the payment system, focusing on the principles of commercial
paper and bank deposits and collections, and the relationship
of the commercial bank and its customers.
White Collar Crimes 2 units; Elective; Pass/No Pass
White-collar crime generally relates to crimes having their origin in financial activity. Often sounding in fraud, the reach of such crimes extends to securities violation, misrepresentation of financial documents, and breaches of fiduciary duties by management or controlling parties or both, as well as other "fiduciaries". This course addresses the elements of and defenses to such crimes and notes the unusual rules that sometimes obtain when the accused is deemed to be a fiduciary.
Wills & Trusts 4 units; Required;
Letter Grade
This course covers such issues as intestate succession;
execution and revocation of wills; incorporation by reference
and related issues; planning, creating, and administering
trusts; duties and liabilities of trustees; charitable trusts;
and the nature and application of the rule against remotely
contingent interests.
Worker's Compensation Law 2 units;
Elective; Pass/No Pass
This course surveys the law relevant to the practice of
Worker's Compensation law before the State of California
Workers' Compensation Appeals Board and covers topics from
forms, pleadings, procedures and appeals to issues of accidents,
occupational diseases and the relationship between tort
law and worker's compensation law.
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