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Judicial Process

Judicial Process and Policymaking (WORD doc)

POLI 311 Judicial Process and Policymaking Fall 2007

 

Donna K. Axel, Esq.

Office: R-517

Tel (201) 200-3574

E-mail:   daxel@njcu.edu

Office hours:     Thursdays: 3pm-4:30pm, R-517

Thursdays: 9:45pm-10:15pm, outside classroom

Mondays-Fridays: by appointment

 

Individual and Small Group Meetings: All are welcome:

Tuesdays in October, November, December: 2nd Tuesday of the month: 5pm-7:30pm

Room: __________ (Oct. 9, Nov. 13, and Dec. 11)

Mondays in October & November: 1st Mondays of the month: 1pm-2:30pm

Room: __________ (Oct. 1 and Nov. 5)   NOTE: December is TBA

 

Course Description

This course analyzes the structure and functions of the American judicial system with an emphasis on the way courts work, the ways judges decide cases, and the political effects of judicial decision-making. Prerequisite: POLI 102 U.S. Politics or permission of Chair.

 

Course Note:

Please be advised that this course fulfills an elective requirement for the Pre-Law Minor. Although non-Pre-Law Minors are certainly welcome in this class, please note that this course aims to prepare students for law school. As such, it is reading and writing intensive with a focus on learning traditional legal reasoning and analysis, as well as a feminist critique of the traditional categories and reasoning historically employed by lawyers.

Course Objectives

1. To understand the role of judges: as individuals and as part of a branch of government

2. To understand the role of judges, lawyers, plaintiffs and respondents in civil causes of action;

3. To understand the role of judges, lawyers, victims, the State, and respondents in criminal cases;     

4. To analyze the differences between the various families of law, including Common Law, Civil Law, Customary Law, Islamic Law, African Customary Law;                                                        

5. To analyze concepts of fairness and equality and the ways these concepts often contradict each other within the context of the judiciary system;                                                                                6. To apply the basics of legal reasoning to hypothetical cases;   

7. To apply legal reasoning and writing skills used in direct and cross-examinations with a view toward understanding: a. essential logical reasoning skills; b. fairness in the legal system; c. bias in the legal system; d. the pros and cons of working in a legal study group crucial to success as a law student and as an attorney;     

8. To learn to read and write more effectively by employing legal reasoning.

Required Material: 1 textbook + online information

Banks, Christopher P. and David M. O’Brien, Courts and Judicial Process , 4th Edition, 2008.

ALSO: You are responsible for printing the online material and bringing it to class.

COURSE REQUIREMENTS (See attached for a specific list)

A. Class Participation = 20%                           Quality, NOT Quantity/Not How often.

It is crucial that you participate in class discussion in order to maintain an exciting atmosphere. You are required to contribute to the development of ideas in a positive manner. This means that you must prepare for each class by doing the readings. If you have not done the reading, please do not detract from class discussions. Students who participate in negative ways will be marked down. Please speak to me if you have any phobias or anxieties about speaking in class so that we may make alternative arrangements.

 

B. Written Assignments & Rewrites = 20%                 Rewriting is an important skill.

Almost every week there will be a 1-2 page writing assignment (11-12 point font/Times New Roman) Students are required to rewrite most assignments (quizzes, projects, etc.) Failure to hand in the assignment will result in a grade of zero. Assignments will not be accepted unless you are in class on the day the assignment is due unless proper documentation (i.e., a doctor’s note) is provided. Writing assignments are designed for you to incorporate the readings, films, class trips, and/or discussions into these assignments.

 

C. Midterm: 10%                                                         Consider how you learn.

 

D. Quizzes = 10%                                                         This tells me how well I am doing, too.

There will be 5 short pre-test and/or post-test quizzes based upon the readings and/or the previous week’s discussion. Late or absent students who are not in class will not be given a make-up and it will count as a 0 unless there is a doctor’s note.

 

E. Presentations AND Written Assignment re: Supreme Court Justices: 15%

Choose one Supreme Court Justice, past or current and respond to a question in writing.

Present your idea to your colleagues using the information you have collected.

Readings : Chapter 2 and pp. 304-312, 314-316, 328-329.

You are expected to use the internet to find background information and cases to support your opinion. There is a specific question for this assignment.

 

F. Group Projects = 10%

During select class sessions, students will work in small groups and assigned different readings and/or sides of issue and be required to speak and write in response to the questions.

 

G. Memo for the file = 15%                                          There is a specific format.

 

Attendance = Expected                                                 Attendance and success.

As this is a pre-law course, you are expected to attend and participate in every class. Should you not be able to attend class, please be in touch with me by email and provide me with documentation of any medical or family emergency, such as a doctor’s note. There are no make-ups for in-class assignments without an excused absence.

 

ACADEMIC HONOR STATEMENT AND PLAGIARISM

Academic integrity is essential and non-negotiable. There is a 0-Tolerance Policy regarding plagiarism. Citing your work is imperative. In this course, you must follow either MLA, APA, or proper legal (“bluebook”) citation format. Diana Hacker’s A Writer’s Reference, is an excellent guide to proper citation. I also recommend the following websites: http://www.ccc.commnet.edu, www.dianahacker.com/writersref, http://www.law.cornell.edu/citation/
Grading Scale

To give you a better idea of my grading scale, the following applies to all written assignments:

 

A = Basic ideas and information in the assignment are discussed, and the student also evaluates material, discusses weaknesses and primary contributions of authors/approaches, and notes exceptions to arguments or nuances of implications of the material. Assignment is well written and well organized, with no grammatical or spelling mistakes.

 

B = Main ideas are solidly intact and assignment is well written and well organized.

 

C = Main ideas are fairly well-intact, the majority of the basic ideas of information is covered, with fair organization of the material.

 

D = Many of the main ideas are missing or vaguely stated, lacks a great deal of the basic information and is not particularly well organized.

 

F = Main ideas are virtually missing, work is sloppy and carelessly prepared, and there is poor effort at organization.

 

FINAL GRADE SCALE:

 

Letter Grade

Percentage Scores

              A

95+%

              A-

90-94%

B+

87-89%

              B

84-86%

              B-

80-83%

C+

77-79%

              C

74-76%

              C-

70-73%

D+

67-69%

              D

64-66%

              F

Less than 64%

Grades of incomplete will NOT be given under ANY circumstances.

No handwritten “home” assignments are accepted.
Class Outline

Class 1 Introductions

Pre-test: Quiz

Distribute and review syllabus

In-Class Assignment 1: “Gideon’s Trumpet”

Small Group Questions & Discussion

Intro to the role of lawyers, judges, juries and logical reasoning in light of the right to counsel.

In Class Exercise: [1] Can the average person do an adequate job of defending him/herself at trial if he/she, like Gideon, is not illiterate, and he/she is competent? Is it fair to not provide a lawyer?

 

Class 2: On your own: VIEW FILM

Sept. 13 is a Jewish holiday, so you have an assignment in lieu of class:

TWO films will be on reserve in the library and/or you can watch it on your own.

_________________________________ and Gideon’s Trumpet

 

Class 3: The U.S.: Overview of the Organization of the Courts: Federal & State Systems

Pre-test: Quiz re: State and Federal Court Systems

 

Readings : Chapter 3, pp. 65-91 (and top of p. 99); pp. 186-193

NOT REQUIRED, but Recommended Readings: Tarr, Chapters 1 and 2: Courts and Law; The Federal and State Court Systems, pp. 1-52.

Recommended: Go to: http://www.oyez.org/oyez/resource/case/139/

Assignment Due: Read, Print and Bring to Class info re: Gideon v. Wainright, 372 U.S. 335 (1963): Go to Landmark Supreme Court Cases and read “Key Excerpts from the Opinion” and “ Background Summary and Questions, Reading Level 2 and/or 3” and “Diagram of How the Case Moved Through the System”:

http://www.landmarkcases.org/gideon/courtsystem.html

 

Post-test: Quiz

 

Class 4 (Sept. 27): Families of Law: Legal Systems & Sources of Law

Pre-test: Quiz

Readings : Chapter 1

Go to: http://public.findlaw.com/library/legal-system/

Recommended: Go to: http://www.oyez.org/oyez/resource/case/139/

Pre-test: Quiz

Group Project: FGM and Judicial Decision-making Around the World

Assignment Due: TBA

 

Class 5 (Oct. 4): Judges: Judicial Review & Judicial Selection

Pre-test & Post-test Quiz

Readings : Chapter 3, pp. 57-65; Chpt. 1, pp. 15-17.

Read, Print and Bring to Class info re: Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). Go to Landmark Supreme Court Cases and read “Key Excerpts from the Opinion” and “ Background Summary and Questions, Reading Level 2 and/or 3” and “Diagram of How the Case Moved Through the System”: http://www.landmarkcases.org/marbury/home.html   

 

Class 6 (October 11, 2007): Mid-Term & Computer Instruction RE: Presentations

NOTE: Begin preparing for your presentation and response to question.

 

Class 7 (October 18, 2007): Guest Speaker & Prep for NY Law Forum

Readings : TBD

 

NY LAW FORUM: October 20-21, 2007

 

Class 8 (October 25, 2007): Theories of Jurisprudence & Constitutional Interpretation

Readings : Chapter 2 and pp. 304-312, 314-316, 328-329.

Assignment Due: Draft of written portion of your presentation. Complete list of cites.

In-Class Small Group: Consideration & Classification of Specific Judicial Opinions.

 

Class 9 (November 1, 2007): Presentations: The Supreme Court

In Class Presentations re: Supreme Court Justice and his/her theories of jurisprudence and the way he/she interprets the Constitution and statutes:

1. Respond to the question distributed in writing (3 pages) and

2. Prepare a 5 minute summary of his/her background in light of this question. Please include any relevant information regarding her/his work as a lawyer and legal decisions as a judge and/or Supreme Court Justice, as well as who appointed him/her to the Supreme Court to support your answer.

Readings : Chapter 2 and pp. 304-312, 314-316, 328-329.

 

Classes 10 & 11: Possible Guest Speaker

 

Class 10 (Nov. 8): Access to Courts & Access to the Bar

Quiz: Fairness & Equality in access to the Courts & the Bar.

Readings : 3-4 articles: Newsletter: Axel, Donna, “Triple Burden,” Women on Campus, 2007.

LSAC: http://www.lsac.org/LSAC.asp?url=lsac/minorities-in-legal-education.asp

ABA : http://www.abanet.org/legresource/minority.html

NJ Law Journal: http://www.law.com/jsp/nj/index.jsp

See also: Text, Chapters 5 & 6.

 

Class 11 (Nov. 15) : The Politics of the Composition of the Bar: Revisiting Fairness v. Equality

Readings : 3-4 articles: Newsletter: Axel, Donna, “Triple Burden,” Women on Campus, 2007.

LSAC: http://www.lsac.org/LSAC.asp?url=lsac/minorities-in-legal-education.asp

ABA : http://www.abanet.org/legresource/minority.html

NJ Lawyer: http://www.law.com/jsp/nj/index.jsp

See also: Text, Chapters 5 & 6.

Assignment Due: Rewrite of Fairness and Equality in Access to the Bar.

 

NOVEMBER 22: THANKSGIVING, NO CLASS

 


Classes 12 & 13: Introduction to Criminal Law, the Justice System, and the Role of Courts

Class Visit/Guest Speaker/In-class Assignment: Flexible

NOTE: Depending on attorneys’ schedules and court docket, we hope to visit a municipal court.

 

Class 12 (November 29) and Class 13 Dec. 6): Criminal Justice and The Courts

Readings : Chapter 7: Criminal Justice and The Courts

Quiz: Criminal Justice and Race

 

Assignments Due:

1. Plea v. Trial: The underlying question for these hypothetical situations is to test your faith in the criminal justice system: Imagine that you are accused of stealing a fur coat. If found guilty at trial you could be sentenced for anywhere between 3-5 years in prison. The evidence against you is overwhelming, but you are innocent. Your lawyer urges you to accept a plea, but you are not eligible to be offered probation since you were found guilty of a disorderly person’s offense for a minor bar fight within the past 10 years. Would you accept a plea bargain for 6 months in county jail? Would you insist on going to trial against your lawyer’s advice? What would you do? Now imagine, that the crime for which you are accused and for which the evidence is stacked against you is murder. If you go to trial, you could face the death penalty. Would you accept a plea? What is the maximum prison time that you would be willing to accept before you would insist upon going to trial? Or would you accept any plea rather than risk the death penalty? Is it easier for you to “have faith” in our criminal justice system and go to trial when the death penalty is not on the table?

 

2. Is the criminal justice system fair?

 

3. Reflection Memo: The Muni Court System

 

Class 14 (Dec. 13):        The Death Penalty: The Ultimate Sentence

What is the role of the judiciary in deciding who is to be put to death?

Readings : Case: Roper v. Simmons and related news articles

ASSIGNMENT DUE: FOLDERS

 

Class 15 (Dec. 20):       The Death Penalty & Sentencing

Any outstanding work is due today.

 

Email me by Dec. 27: Reflection Memo: Guest Speaker and the Death Penalty and/or any rewrites.



[1] Taken from “Landmark Cases,” http://www.landmarkcases.org/

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