Instruction
in the first year embraces a variety of
course work that introduces the beginning
law student to the vast array of legal subjects.
Particularly mindful of a legal education
to provide more skill-centered experience
while students are still in school, Miles
Law School's first-year required course
work in Lawyering Skills provides students
the opportunity to explore the relationship
between legal analysis and the lawyering
tasks such as effective, oral advocacy,
legal research, and client interviewing
and counseling. Students achieve this through
course work as well as working on simulated
cases in both a courtroom and law office
setting taking depositions, interviewing
witnesses, and preparing case memoranda.
We will take a special section of Lawyering
Skills that will present skills instruction
in the context of public interest practice.
Students also are required to take courses
in subjects which historically have dominated
legal thought: civil procedure; constitutional
law; property; and torts. Instruction focuses
on analysis of appellate cases, the traditional
source of the common lawyer's understanding
of the law. Instructors are likely to employ
a wide range of pedagogical techniques ranging
from the Socratic dialogue, to lecture,
to small group discussion.
To foster a sense of community and create
an environment of mutual support, the education
provided by this shared experience has long
remained a source of intellectual excitement
and close friendships for students. Faculty
teaching these small sections employ teaching
methods that increase participation and
provide students with essential feedback
on their progress.
The
First -Year Curriculum
Contracts
This
is a course about the law governing private
agreements. The course analyzes the criteria
for determining whether or not a particular
promise or voluntary agreement is legally
enforceable and surveys the major legal
issues affecting enforceable agreements.
Theses issues include the questions of when
a contract becomes binding and what persons
acquire rights under a contract, the conditions
under which performance is required or excused,
what constitutes breach of contract. Attention
will be given throughout the course to the
general problems of interpreting contract
language, the role of contracts in a market
society, the conflict between the commercial
need for certainty and the demands of individual
fairness, and the relationship between contract
laws and other areas such as torts, property,
and restitution.
Lawyering
Skills: Theory and Practice
During the year students interview and counsel
clients, do legal research, and draft legal
memoranda and contracts. In the second semester,
students prepare a case for trial. They
develop a discovery plan, interview and
depose witnesses and argue a motion before
a judge. Throughout the entire year, the
course focuses on the principles of legal
analysis and argumentation as well as lawyering
techniques.
Criminal
Law
This course covers selected topics in substantive
criminal law: principles underlying the
definition of crime (such as the requirements
of actus reus and mens rea) and the general
doctrines such as ignorance of fact and
ignorance of law, causation, attempt, complicity
and conspiracy. Principles of justification
and excuse are examined with particular
attention to the doctrines of necessity,
intoxication, insanity, diminished capacity
and automatism. The substantive offense
of homicide is extensively reviewed, as
are from time to time other offenses, such
as theft. Emphasis is placed on the basic
theory of the criminal law and the relationship
between doctrines and the various justifications
for imposition of punishment.
Property
An
analysis of property as a social institution
and as a dynamic system for recognizing
and protecting competing claims to resources.
Major problem areas to be studied include
the historical development of various kinds
of interests in property. Housing, landlord
and tenant, public and private land use,
planning and development, and the sale and
financing of real estate.
Torts
This course focuses on personal injury law
as it has developed within the Angelo-American
legal tradition. In particular, the concept
of negligence and the refinements of negligence
law will be extensively considered. The
doctrine of intentional torts will be examined.
Contemporary rules and strict liability
will be carefully studied, because of both
their intrinsic importance and their theoretical
implications. Treating the need for victim
compensation as a societal problem, the
course will deal with alternatives to the
tort system such as no-fault. Throughout
the course, there will be an effort to identify
the basic goals that our tort system achieves,
or should achieve.
Civil
Procedure
This
is a course about the processes that courts
follow in deciding disputes in non-criminal
cases. It deals with the way in which conflicts
are framed for courts, the stages through
which litigation goes, the division of power
among the various decision-makers in the
legal system and between the state and federal
courts, the territorial limitations on the
exercise of the judicial power, the principles
that define the consequences of a decision
once a court has finished with a case, and
special disputants. Throughout the course,
considerable attention will be devoted to
the ways in which our beliefs about fairness
(in particular those embodied in the U.S.
Constitution) shape the design of the process.
Constitutional
Law
This course examines ways in which the United
States Constitution (a) distributes power
among the various units of government in
the American political system, and (b) limits
the exercise of those powers. The course
considers two sets of structural limitations
of government: the division between the
Nation and the States in the federal system,
and the separation of the powers among the
three branches (legislative, executive,
and judicial) of the national government.
It also considers the Civil War Amendments
(13th, 14th, and 15th) as limits on the
states and as sources of congressional power.
A major focus throughout is the proper role
of the judiciary in limiting the action
of other branches of the government.
First-Year
Public Interest Seminar
This seminar is a noncredit, first-year
course required of all students. Through
reading, field work and class discussions,
students will become familiar with basic
issues facing lawyers engaged in public
policy formulation. Specific topic will
include: problem identification and construction;
client identification and loyalty; the analysis
of service delivery systems; and grantsmanship.
Housing discrimination litigation will be
used as a thematic backdrop and ongoing
case study.
| Second-,
Third-, and Fourth Year Courses |
UCC:
Article 2 of the Uniform Commercial Code
dealing with transactions in goods or contracts
for the sale of goods. The principles of
personal property law, the rights and duties
of the buyer and seller; passage of title;
risk of loss; warranty obligation; reproductions;
breach; excuse; sellers remedies; buyers
remedies. Article 9 of the Uniform Commercial
Code deals with transactions which are founded
on a security interest or agreement. Creation
and perfection of a security interest; priority
problems; bankruptcy liens; proceeds; default;
bulk sales. Articles 3 and 4 of the Uniform
Commercial Code deal with commercial paper.
The Introduction to instruments; requirements
of negotiability; liability between parties
to an instrument; holder in due course;
check collection process; relationship between
a bank and its customer.
LEGAL
ETHICS:
A study of the usages and customs among
members of the legal profession, involving
their moral and professional duties to one
another, to clients, to the public, and
to the courts.
LEGAL
RESEARCH:
Designed for the development of basic legal
research and legal writing skills. The course
consists of lectures and work in the library
as to the nature and use of all types of
law books with problems and assignments
requiring practical application of research
methods.
EQUITY:
The system of rules and principles which
originated in England as an alternative
o the harsh rules of common law and which
were based on what was fair in a particular
situation. History of equity; powers of
courts of equity; equitable remedies, defenses
to equitable relief.
EVIDENCE:
The rule governing the admission of proof
during the fact finding stage of a legal
dispute. Rules and standards for the presentation
of evidence; relevancy; authentication;
hearsay; privileges; presumptions and burdens
of proof; federal rules of evidence.
CRIMINAL
PROCEDURE:
The procedural steps through which a criminal
case proceeds. Examination of the criminal
justice system; right to counsel; 6th amendment;
due process; 4th amendment; search and seizure;
exclusionary rule; probable cause; 5th amendment;
privilege against self-incrimination; police
interrogation.
INCOME
TAX:
A study of the tax levied by the U. S. government
on an individual's income; gross income;
gain or loss dividends; business and personal
deductions; alternative tax methods; handling
taxes of partnership, estate and trusts;
figuring the corporation tax; overview of
federal tax structure.
ESTATE
AND GIFT TAX:
A study of the excise taxes on the right
to transfer property at death, and the right
to transfer property as a gift during the
taxpayer's life. Gross estate; valuation
of estate property; deductions from gross
estate; what constitutes a gift; valuation
of gifts; deductions and credits; figuring
the tax; procedure for filing returns.
WILLS
AND TRUSTS:
The law dealing with the passing of
a decedent's property at death to survivors.
Interstate succession; execution and revocation
of wills; limitations on testamentary power,
will substitutes, probate and contest of
wills; administration and distribution of
estates. The study of the fiduciary relationship
which exists when a property right is held
by one party for the benefit or use of another.
Creation of express trusts, charitable trusts,
resulting and constructive trusts; powers
and duties of the trustee; alteration or
termination of the trusts; remedies of beneficiaries.
PRACTICE
COURT:
The first semester of the course consists
of in-class instruction of trial techniques.
Preparation for trial; jury selection; opening
statement; direct examination; exhibits;
cross-examination; closing arguments; objections.
The second semester, students act as criminal
defense lawyers or prosecuting attorneys
in criminal cases, or lawyers representing
the plaintiff or defendant in civil cases.
The court is presided over by a professor
who acts a judge.
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