POLSC 238: American Legal System
Instructor: Leora Harpaz
Professor Emeritus Western New England University School of Law
and Adjunct Assistant Professor Hunter College
Email: lharpaz@lharpaz.com
Class Meetings: Class Meetings: Tuesday and Friday 2:10 p.m. to 3:25 p.m. in Room W1729.
Office Hours: 3:30 - 4:30 p.m. Tuesday and Friday and by appointment (see details below).
Office: W1730A (Adjunct Faculty Office).
Professor’s Website: www.lharpaz.com
Course Webpage: www.lharpaz.com/americanlegalsystem/americanlegalsystem.html

American Legal System
Syllabus Spring 2020

Course Description:
This course is a general introduction to the United States legal system. The course will examine the structure of the legal system including its division into state and federal courts at both the trial and appellate levels. It will explore the basic aspects of litigation in those courts. It will introduce the tools of legal reasoning including the use of precedent and reasoning by analogy. It will also examine the sources of law relied on in American courts including the United States Constitution as well as state constitutions, federal and state statutes, regulations, common law principles, and judicial decisions. Finally, the course will explore selected concepts in core areas of the law including constitutional law, criminal law, criminal procedure, torts, and contracts.

Reading Materials:
Teacher-prepared textbook: American Legal System: Cases and Materials (Spring 2020 edition). The textbook consists of introductory explanations of areas of the law, edited versions of court opinions and occasional problems for discussion. The book is available at Shakespeare & Co. If there are any additional readings, they will be made available to be downloaded from the course website. A PDF of the First Two Reading Assignments is available for students who have not yet obtained the textbook.
 
Reading Assignments:
Please bring to class the material that will be discussed during that class period so you have the text available as we discuss it. Legal analysis requires you to focus on specific language used in court opinions and statutes so you need to have that language available to be able to refer to it. You should assume that each numbered assignment represents the reading for a single class. However, if we do not complete our discussion of the assigned material, we will complete it in the next class before beginning the next assignment.

First Assignment - Structure of the American Court System and Reading a Judicial Decision
Part 1. Textbook pages 1-8 (Structure of the American Court System, Reading a Judicial Decision and Conti v. ASPCA). After reading the description of how to read a judicial decision, please read Conti v. ASPCA carefully and come to class prepared to participate in a discussion about the case. If you are unfamiliar with any legal terms used in the case, you can consult any of the dictionaries on the list of online legal dictionaries.
Part 2. Think of things you already know about the American legal system. These can be from real world events that have occurred to you, your friends or members of your family or they can be things you have seen on television or in the movies or read in books or newspapers. Be prepared to share with the class something you already know about the American legal system.

Assignment 2 - Sources of Law, Tools of Legal Reasoning and Law vs. Equity
Textbook pages 8-15 (Sources of Law: Common Law, Stare Decisis and the System of Precedent, Tools of Legal Reasoning: Analogy and Precedent, Adams v. New Jersey Steamboat Co., and Law vs. Equity)

Assignment 3 - Statutes and Statutory Interpretation
Textbook: pages 15-24 (Statutes and Statutory Interpretation, McBoyle v. United States (10th Cir.), and McBoyle v. United States (Sup. Ct.))

Assignment 4 - Case File 1: Borden v. Crestview Estates
Textbook pages 25-44. Please read the Borden case file. This dispute is set in the fictional state of Columbia and you are a lawyer at the firm of Morrison, Anders & Garcetti. The memorandum on the first page of the case file explains the assignment.

Assignment 5 - Case File 2: Gleason v. Save-A-Bunch
Textbook pages 45-64. Please read the Gleason case file. This dispute is set in the fictional state of Columbia and you are a lawyer at the firm of Morrison, Anders & Garcetti. The memorandum on the first page of the case file explains the assignment.

Assignment 6 - Constitutional Law - Structural Aspects of the Constitution
Textbook pages 65-82 (Introductory Material, United States v. Lopez and Gonzales v. Raich)

Assignment 7 - Dormant Commerce Clause
Textbook pages 82-90 (Introductory Material, Philadelphia v. New Jersey and Maine v. Taylor)

Assignment 8 - Constitutional Law - Individual Rights - Freedom of Speech
Textbook pages 91-100 (Introductory Material, Chaplinsky v. New Hampshire and Cohen v. California)

Assignment 9 - Constitutional Law - Individual Rights - Freedom of Speech
Textbook pages 100-111 (Texas v. Johnson and Snyder v. Phelps)

Assignment 10 - Equal Protection - Minimum Scrutiny
Textbook pages 112-121 (Introductory Material, Massachusetts Board of Retirement v. Murgia, and U.S. Dept. of Agriculture v. Moreno)

Assignment 11 - Equal Protection - Intermediate Scrutiny and Strict Scrutiny
Textbook pages 122-131 (Craig v. Boren, Korematsu v. United States, and Palmore v. Sidoti)

Assignment 12 - Due Process
Textbook pages 132-142 (Introductory Material, Griswold v. Connecticut and Washington v. Glucksberg)

Assignment 13 - Due Process
Textbook pages 142-158 (Obergefell v. Hodges)

Assignment 14 - Criminal Law - Actus Reus, Mens Rea, and Requirement of a Voluntary Act Textbook pages 159-166 (Elements of Crimes: Actus Reus and Mens Rea, Actus Reus - The Requirement of a Voluntary Act - Martin v. State, Mens Rea - Regina v. Cunningham, and Actus Reus/Mens Rea/Voluntariness Problems)

Assignment 15 - Criminal Law - Causation
Textbook pages 166-170 (People v. Kibbe, People v. Ballinger, and Problem for Class Discussion - Causation)

Assignment 16 - Criminal Law - Inchoate Crimes: Attempt and Defenses
Textbook pages 170-180 (Introductory Material, People v. Warren, People v. Coleman, People v. Campos, People v. Jenkins, and People v. Kurr)

Assignment 17 - Criminal Procedure - Search and Seizure: Privacy and Technology
Textbook pages 181-194 (Introductory Material, Kyllo v. United States and Riley v. California)

Assignment 18 - Criminal Procedure - Search and Seizure: Privacy and Technology and Consent to Search
Textbook pages 194-211 (Carpenter v. United States and United States v. Matlock)

Assignment 19 - Criminal Procedure- Search and Seizure: Consent to Search
Textbook pages 212-226 (Illinois v. Rodriguez, Georgia v. Randolph, and Fernandez v. California)

Assignment 20 - Torts - Introduction to Tort Law and Intentional Torts
Textbook pages 227-233 (Introductory Material, Garratt v. Dailey (1955), Garratt v. Dailey (1956), and Vosberg v. Putney)

Assignment 21 - Torts - Negligence
Textbook pages 234-244 (Palsgraf v. Long Island Railroad Co., Heath v. Swift Wings, Inc., Trimarco v. Klein, and Byrne v. Boadle)

Assignment 22 - Contracts - Introduction to Contract Law and Consideration
Textbook pages 245-252 (Introductory Material, Hamer v. Sidway, Dougherty v. Salt, and Kirksey v. Kirksey)

Assignment 23 - Contracts - Promissory Estoppel
Textbook pages 252-260 (Feinberg v. Pfeiffer Co. and Hayes v. Plantations Steel Co.)

Classroom Material:
All Classroom Material prepared for use in class in connection with a reading assignment will be posted on the course website in advance of each class and remain available throughout the semester.

Optional Reading Material:
In addition to the assigned reading, I have prepared a list of links to material related to each chapter of the required reading which is available on the course website. This list of Optional Class Material will be updated frequently.

Office Hours:
I will be available to meet with students after class on both Tuesday and Friday from 3:30 to 4:30 p.m. in Room W1730A (Adjunct Faculty Office). However, I would appreciate it if you would let me know if you want to meet with me on a particular day either by email or by telling me before or after class. That way I will make sure to remain in my office for the entire hour. In addition, I can meet with students on Tuesday and Friday in the hour before class, but by appointment only.

Attendance:
Attendance will be taken by students initialing an attendance sheet. Students are required to attend class on a regular basis. Students should limit missing class to illness and family or other emergencies. Class attendance together with classroom participation will count for 10% of a student’s grade in the course as described under Grading below.

Grading:
There will be two exams (a midterm and a final) during the course of the semester. Each exam will be a take-home exam. Each exam will count 30 % of the course grade. The remaining 40 % will be based on two writing assignments (15 % each) and classroom attendance together with class participation (10 %). During the semester, I will use a numerical grading system for each individual component of the final grade. The appropriate percentage of each individual grade will be added together to create a final numerical grade. These final grades will then be converted to the letter grading system used for submitting grades.

Exams:
The midterm and final exam will both be take-home exams. The exams will consist of a combination of multiple choice questions and essay questions. The majority of the multiple choice questions will require that you identify the reasoning in a specific case. Essay questions will provide you with a set of facts that are similar to, but not identical to, cases that you have read. The set of facts will result in the filing of a lawsuit. Your answer to the question will require you to make a number of specific legal arguments that the parties in the case could present to a court to support their position.

Learning Outcomes:
Students will learn to understand how the American legal system is organized and how it functions. Particular attention will be paid to the methods used in legal analysis including statutory interpretation, the use of precedent, reasoning by analogy, and the development and organization of a legal argument. In addition, students will learn to understand judicial opinions that analyze legal issues in a variety of substantive areas including constitutional law, criminal law, criminal procedure, torts, and contracts. This will include identifying the legal principles, standards, and tests used by courts to resolve legal disputes in these areas and applying those standards to a variety of different factual situations.

Credit/No Credit Option:
It is Hunter College policy that Credit/No Credit may be requested by the student up until the final examination (or date of the final assignment); however "Students requesting grading according to this system must satisfy whatever attendance requirement has been set by the instructor, complete all the assignments and take the final examination." For this class, you must have taken the midterm and final examinations, turned in all required written exercises, and attended class on a regular basis.

Academic Integrity:
Hunter College's policy on Academic Integrity is as follows: "Hunter College regards acts of academic dishonesty (e.g., plagiarism, cheating on examinations, obtaining unfair advantage, and falsification of records and official documents) as serious offenses against the values of intellectual honesty. The College is committed to enforcing the CUNY Policy on Academic Integrity and will pursue cases of academic dishonesty according to the Hunter College Academic Integrity Procedures."

Hunter College Policy on Sexual Misconduct:
“In compliance with the CUNY Policy on Sexual Misconduct, Hunter College reaffirms the prohibition of any sexual misconduct, which includes sexual violence, sexual harassment, and gender-based harassment retaliation against students, employees, or visitors, as well as certain intimate relationships. Students who have experienced any form of sexual violence on or off campus (including CUNY-sponsored trips and events) are entitled to the rights outlined in the Bill of Rights for Hunter College.
1. Sexual Violence: Students are strongly encouraged to immediately report the incident by calling 911, contacting NYPD Special Victims Division Hotline (646-610-7272) or their local police precinct, or contacting the College's Public Safety Office (212-772-4444).
2. All Other Forms of Sexual Misconduct: Students are also encouraged to contact the College's Title IX Campus Coordinator, Dean John Rose (jtrose@hunter.cuny.edu or 212-650-3262) or Colleen Barry (colleen.barry@hunter.cuny.edu or 212-772-4534) and seek complimentary services through the Counseling and Wellness Services Office, Hunter East 1123.
3. CUNY Policy on Sexual Misconduct Link: http://www.cuny.edu/about/administration/offices/la/Policy-on-Sexual-Misconduct-12-1-14-with-links.pdf

ADA Policy:
In compliance with the ADA and with Section 504 of the Rehabilitation Act, Hunter College is committed to ensuring educational access and accommodations for all its registered students. Hunter College’s students with disabilities and medical conditions are encouraged to register with the Office of AccessABILITY for assistance and accommodation. For information and appointment contact the Office of AccessABILITY located in Room E1214 or call (212) 772- 4857 and/or VRS (646) 755-3129.