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CIVIL
PROCEDURE: Four semester hours credit.
Introductory
course on the legal process, history and objectives of the law, including
sources of law, case-law and the doctrine of stare decisis; Anglo-American
judicial origins and organizations, common-law pleading and the history
and development of equitable remedies; code pleading; the anatomy of
a legal proceeding before, during, and after trial of a civil case;
including basic jurisdictional concepts in federal and state court,
common law and current pleadings under procedural codes, judicial handling
of multiple claims and parties, discovery, pretrial process, taking
the case away from the jury, and the appellate process.
CONSTITUTIONAL
LAW: Four semester hours credit.
Historical
development of the federal constitution; the judicial function in constitutional
cases; the federal system, doctrine of reserved powers; relations between
state and nation; constitutional amendments and procedures; due process
clause; the equal protection clause; the commerce clause; relationship
between legislative, executive and judicial functions; limitations on
governmental powers, the Bill of Rights and the right of privacy.
CONTRACTS
I: Three semester hours credit.
A
study of the basic principles of contract formation and enforceability,
including offer and acceptance, mutual assent, consideration, promissory
estoppel and the statues of fraud. The course also considers invalidating
causes, such as incapacity, misrepresentation and fraud, duress, mistake,
unconscionability and illegality, and provides an introduction to remedies
for breach of contract. Special emphasis is placed on the relevant provisions
of the Uniform Commercial Code and the Restatement (Second) of Contracts.
CONTRACTS
II: Three semester hours credit.
Prerequisite:
Contracts I.
A
continuation of the study of contracts, including remedies for breach
of contract, interpretation of contract language, the parole evidence
rule, performance and breach of contract, express and constructive conditions,
excuse and discharge, frustration of purpose, impossibility, commercial
impracticability, third-party beneficiary contracts, assignment and
delegation. Special emphasis is placed on the relevant provisions of
the Uniform Commercial Code and the Restatement (Second) of Contracts.
CRIMINAL
LAW: Three semester hours credit.
The
elements of crimes and defenses of importance, with emphasis on the
substantive law; including the development of mens rea and actus reus,
homicide, non-homicide crimes against the person or against public
safety, vicarious liability and inchoate crimes, theft and related
offenses, drug related offenses, justification, excuse, insanity,
entrapment, mistake of fact and law, theories of punishment, sentencing,
the appropriateness and legality of criminalization.
EVIDENCE:
Three semester hours credit.
History
and development of the rules relating to presentation of proof and
evidentiary matters pertaining to the judicial functions, with emphasis
on the Federal Rules of Evidence and the Texas Rules of Evidence,
including preparation for trial, examination of witnesses, competency
of witnesses, types of evidence, burden of proof, hearsay rule and
exception, judicial notice, privileges, and impeachment in civil and
criminal proceedings.
FEDERAL
INCOME TAX: Three semester hours credit.
A
basic examination of federal income taxation and its pervasive effect
on individuals and small businesses through analysis of the Internal
Revenue Code and relevant underlying tax policy. Designed to provide
the non-tax lawyer with an understanding of major tax concepts and
tax procedure and the implications for the general practitioner and
non-tax specialists in areas such as family law, dispute settlement,
real estate and small business counseling.
LEGAL RESEARCH & WRITING I:
Two semester hours credit.
An
introduction to the fundamentals of legal problem-solving, with emphasis
on common law analysis (including court system structure), statutory
analysis, research and effective writing techniques. The research
portion of the course (how to find legal authorities, both primary
and secondary) is taught in an additional weekly laboratory session.
LEGAL
RESEARCH & WRITING II: Two semester hours credit.
Prerequisite: Fifteen hours of course work, including Legal Research
& Writing 1.
An
introduction to persuasive legal writing and advanced legal research
and analysis through the drafting of documents typically required
in a litigation and office practice. Students may prepare client letters,
pleadings, motions and trial documents. Toward the end of the semester,
each student will research and write an appellate brief. Students
are also introduced to oral advocacy and are required to present oral
arguments based on their briefs. No final examination.
PROFESSIONAL
RESPONSIBILITY: Three semester hours credit.
American
Bar Association Model Rules and Texas Rules of Professional Responsibility
form framework for study of ethical topics relating to attorney's
relation to the courts and to his/her clients, such as the rights
and responsibilities of an attorney; conflicts of interest; confidential
communications; disciplinary procedures and other ethical issues.
PROPERTY
I: Three semester hours credit.
Overview
of property law, including acquisition of rights in personal property,
fixtures, estates in land and future interests, landlord and tenant
PROPERTY
II: Three semester hours credit.
Prerequisite:
Property I.
Modes
of transferring real estate, including contracts to transfer problems
affecting transfer, methods of title assurance, adverse possession,
third-party interests in land, including easements, covenants and
natural rights, and a brief introduction to deeds of trust and mortgages.
TORTS
I: Three semester hours credit.
Introductions
to Torts. This section of the basic Torts course includes the fundamentals
of the intentional torts, including the concept of intent, and a study
of the elements of assault, battery, false imprisonment, trespass
to land and chattels, conversion, and intentional infliction of emotional
distress, together with the privileges the defeat these causes of
action. The major portion of this course is devoted to study of the
negligence cause of action, including the elements of duty, breach
of duty and actual proximate cause. This part of the course also considers
negligence per se, the special problems of the negligence liability
of owners and occupiers of land, and the defenses of contributory
and comparative negligence, limitations and immunities. Also studied
are the principles relating to the calculation and recovery of damages,
including joint and several liability and the concepts underlying
the wrongful death and survival actions.
TORTS
II: Three semester hours credit.
Prerequisite:
Torts I.
The
second section of the basic Torts course introduces the concept of
liability without fault (strict liability), including vicarious liability
and strict liability for ownership of animals and for engaging in
abnormally dangerous activities. The law of products liability will
then be examined. The course will also consider some of the more specialized
areas of civil wrongs, including the law of public and private nuisance;
defamation, including libel and slander and the related common law
and constitutional privileges; fraud as misrepresentation; injuries
to relationships, including business and intra-family torts; and misuse
of legal procedure. Some consideration will be given to insurance
compensation schemes, including worker's compensation and automobile
no-fault.
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