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Available at the bookstores:
Baum, Lawrence. (1998) American Courts: Process and Policy (5th Edition).
Bonsignore, et al. (1998) Before The Law (6th Edition).
Cardozo, Benjamin N. (1921) The Nature of the Judicial Process.
COURSE REQUIREMENTS
Reading and Discussion: Successful completion of this course will require careful preparation and active participation by me as well as each student. You are responsible for and will be tested on all assigned materials. The format of the course will be lecture/discussion, with an emphasis on class discussion. If at any time during the semester you would like to talk over the readings or other course-related issues with me, my door is open to you (preferably during office hours or by appointment).
The readings are assigned in advance (see Course Outline), and I will expect you to come to class prepared to discuss them. My wish is to spend some of each class in general discussion, give-and-take, and general consideration of the material. If you have a question or comment to make during one of our meetings, please do not hesitate to raise it. Each of you can make valuable contributions to our general understanding of the materials, and no-one's perspective or opinion is any more, or less, important than any other. This is especially true given the nature of our subject matter. We will have to read, think, write, and compare our thoughts with each other.For these reasons, you will place yourself at a significant disadvantage if you do not prepare for our class sessions and if you do not attend them.
Attendance: Although I do not intend to take attendance (your attendance is entirely voluntary), a premium is placed upon your class appearances. If you choose not to attend, you do so at your own risk. Examination questions will be based largely upon class
discussions of the course materials.
Arriving late to class is much better than not arriving at all. However, if you must arrive after a session has started, please show consideration to your colleagues by entering quietly and discretely finding a seat near the door. Similarly, if you must leave a class session early, please be kind enough to anticipate this, and locate yourself in a seat that will allow a non-disruptive exit.
Grades: Grades are calculated on a standard 10 point scale; 91-100 = A, 81-90 = B, and so on. In fairness to all, there can be no extra-credit projects. Hence, your grade is contingent upon your performance on the examinations and papers. I like to see and will reward effort and improvement. Therefore, in borderline situations, solid class participation, indicating preparation and interest, will tip the scale in your favor. Also, if in the final analysis your grade is on the border, a significantly higher score on the final (compared to the mid-term exam) will work to resolve the ambiguity, again in your favor.
Participation: It is essential that everyone participate in class discussions. Again, if, for some reason, you feel that you will not be able to actively take part in our discussions on a regular basis, please do not take this course. Participation will take two forms: (1) in-class and (2) on-line. Of course, much of this subject matter is highly controversial stuff, so we expect that everybody would want to get her or his two cents worth in. But, as an added incentive, regular, informed, and thoughtful class participation will constitute10% of your final grade.
In-class discussion needs no explanation, except to say that irrelevant, off-the-subject commentary will not count. Participation also involves asking questions, so please take advantage of our format, and fire away. These caveats also apply to class Webboard sessions, where discussion takes an electronic form.
I also want to create a distribution listserv list so that I can send information and announcements to all of you at once. Please add yourself to this list by September 10. The name of the course list is GVPT433, and complete, easy to follow instructions are located on the course website.
Exams and Papers: Your final grade will be determined on the basis of two exams (mid-term and final), two research exercises, and a series of brief papers due each week based upon the assigned readings.
EXAMS: Both examinations will present essay questions and will be cumulative. In addition, they will both count significantly toward the final grade (mid-term = 25%, final = 30%). See the accompanying Course Outline for appropriate dates. I will provide you with a list of potential examination questions in the week preceding the designated test dates to help you prepare for these events. The exam dates are fixed, and make-up exams are possible only under very unusual circumstances. If for good reason, you must re-schedule an examination, be prepared to provide me with documentation as to why it is necessary.
RESEARCH EXERCISES: You are each required to complete two research exercises, each worth 15% toward the final grade. You will be asked to complete a series of simple research maneuvers, which will bring you face-to-screen with the university's LEXIS facilities. Step-by-step instructions are included in a separate link from the main course Homepage. If you are completely unversed, do not panic. This is all the more reason to proceed with the exercises. The LEXIS system is actually quite easy to use, and, by utilizing the tutorial available in McKeldon Library, you can (believe it or not) teach yourself. Moreover, I and the McKeldon Library staff stand prepared to lend assistance, as you need it.
The due dates for your finished papers appear on the attached Course Outline. These dates are firm, and extensions will only be granted under very exceptional circumstances. The exercises are to be treated as formal papers. That is, they must be typed, double-spaced, with normal one-inch margins and 12pt type font, and at least six pages in length. Also be sure that your printer ribbon/ink cartridge/element is relatively fresh so that your finished product is reasonably easy to read. In addition, you will be graded down for sloppy presentation, poor editing, grammatical and spelling errors, and the like. Although your projects are not due until late in the term, I strongly urge you to begin working on them as soon as possible. If you put it off, you will not be able to do an adequate job. Indeed, you might not even be able to gain access to the LEXIS terminals in McKeldon. Only a small number of terminals serve the entire university community.
BRIEF PAPERS: Each Thursday (beginning September 16) I will give you a short paper assignment based upon required readings that will be due the following Tuesday. The first one will be due September 21. Each brief is to be neatly typed in reasonably dark print and should be no longer than three pages (double-spaced, with standard font and margins). During the class in which the briefed material is discussed, you may feel free to make marginal notes based on our conversation. At the end of each class, briefs will be submitted to me, marginal notes and all. I will return them in about a week. Briefs submitted on the day assigned will receive either U+ (indicating excellence), or U (indicating a satisfactory paper); late or missing ones will receive a U- (Of course, I reserve the right to assign a U- to truly sloppy or thoughtless briefs even if submitted on time). These papers will cumulate to count for a total of 15% of your final grade.
Keep in mind that these paper assignments will be given to you during each Thursday meeting and will be due during the following Tuesday's session. Although I do not plan to keep attendance records, failure to come to class meetings will result in obvious disadvantage.
Evaluation Recap:
Participation = 10%
Brief Papers = 15%
Research Exercise #1 = 15%
Research Exercise #2 = 15%
Mid-term Exam = 20%
Final Exam = 25%
COURSE OUTLINE
Important Dates:
September 15 …………… Last day for Schedule Adjustment
October 21 ........................ Mid-Term Exam
November 10 …………… Last Day to Drop w/ "W"
November 25-28 ….......... Thanksgiving Recess
November 4 ....................... Exercise #1 Due
December 9 ....................... Exercise #2 Due
December 14 .........…........ Last Day of classes
December 20 ......…........... Final Exam (10:30am)
DISCUSSION TOPICS AND READING ASSIGNMENTS:
I.Introduction ...................... Baum, Ch. 1 and Bonsignore, xiii-xxiv
II. Structure of the Judicial System .. Baum, Ch. 2
III. Function of Courts ................ Bonsignore, 336-370; 477-527
IV. The Legal Profession .............. Baum, Ch. 3 and Bonsignore, 297-336
V. Juries, Litigants ................. Bonsignore, 373-477
VI. Judges ............................ Baum, Chs. 4 & 5 and Bonsignore, 20-38
VII. Trial Courts - Criminal ........... Baum, Ch. 6 and Bonsignore, 191-293
VIII. Trial Courts - Civil ............. Baum, Ch. 7
IX. Appeal Process .................... Baum, Chs. 8-9 Bonsignore, 1-19
X. The U. S. Supreme Court ........... Cardozo, ALL