Judicial Process

POL 3301
Dr. Raymond A. Whiting
1838 McDowell St. Augusta, Ga. 30910
737-5341

Office Hours
9:00-10:00 M-F
Or by appointment
Skinner Hall, F-11
731-1710

Course Objectives

The objective of this course is to introduce students to the nature and theory of law as a complex form of social organization. We will explore some of the major types of law, their structural features and minimal substantive contents. We will also be exploring the relationship of formal legalism to such informal forces of morality, politics and societal development. However; in order to understand theses thing we must also understand not only the methodology of our legal system but it's parts there functions and applications.

Course Materials

Grilliot, H.J., & F.A. Schubert (1996) Introduction to Law and the Legal System. Bosto Massachusetts, Houghton Mifflin Co.. 6th.

Course Requirements

Midterm Exam (Take Home)               40%
Trial Observation                                 10%
In Class Questions                               10%
Final paper                                           40%

Course Outline

Part I             Introduction to the Study of Law.

Week 1.        Introduction to legal concepts.
                       Read: Introduction, pp. 1-23

                       Introduction to Technology and Legal Research on the Internet and other resources.

                       - How to Brief a Legal Case.
                       - E.L. Du Pont De Nemours & Co., Inc. v. Christopher. (1970)

Part II            Rights and Remedies

Week 2.      Read: 149-165
                       [Lecture] - Butterfield v. Forrester (1809)
                       Judicial Decision Making
                       - Davis v. Mann (1842)
                       - British Columbia Electric Railway v. Loach (1915)
                       - Maki v. Frelk (1968)

Week 3.        Read: pp. 214-251
                       [Lecture] - Avis v. Ribar (1981)
                      - An Economic Analysis of the Law.

Part III.         Structure, Process and Application.

                       - The steps of Civil Litigation
                        - White v. Island Amusement Co.(1963)

Part IV.        Civil Procedure

Week 4.        Read: pp. 96-136
                       - Historical Evolution of American Tort Law
                       Read: pp. 96-136
                       - Discovery Before Trial.
Week 5.         Read: 491-547
                        Civil Procedure
                         - The Pursuit of Truth and the Adversarial Method.

Part V.         The Law, Lawyers, Citizens and the Courts.

                    - Coercion and the Theory of Law.

Week 6.      [Lecture] - Reizakis v. Loy (1974)
                    - Legal Realism
                    - Law and Values
                    - Parrish v. Board of Comm. of the Alabama St. Bar(1975)

Week 7.     Read: 649-681
                    - Improving the System
                    - Alternative to Litigation.
                    - A Comparison of Systems

Week 8.     Read: 256-282
                    - Hurley v. Eddingfield (1901)
                    - Alternative Dispute Resolution (A.D.R.)

Part VI.      Law as a Penal Corrective Instrument

                    Criminal Law and Procedure.
                    - Regina v. Dudley and Stephens (1884)

Week 9.     - M'Naghten's Case (1843)
                    - Durham v. United States (1954)
                    - Rex v. Esop (1836)
                    -The Making, Structure, and Application of the Penal Law.
                    [Lecture]

Week 10.   - Keeler v. Superior Ct. (1970)
                    - U.S. v. Weltberger (1820)
                    Coercion, The Death Penalty and the Role of Counsel.
                    - Hopsins v. State (1949)

Week 11.   -Confessions
                    - Brown v. Mississippi (1936)
                    - Miranda v. Arizona (1966)
                    - Henderson v. Morgan (1976)
                    - Bordenkircher v. Hays (1978)

Week 12.   Improving the System
                    - How Does the Criminal System Really Work?
                    - Law and Morality
                    - Whose Job is it to Uphold Morality?
                    - People v. Onofre (1980)

Week 13.   - "Overcriminalization"

Part VII.     Administrative Law
                    Read: pp. 553-570 & 575-587
                    Administrative Law

Week 14.   - Why Create a New Realm of Law?
                    - Licensing as a Federal Device.
                    - The Threat of Publicity.

Week 15.   - The Authorized Makers of Administrative Law.
                    Read: Reserve readings in library.

Week 16.   Clean up and Review.

Recommended Reading List

Carter, Lief H. 1998. Reason in Law. New York: Longman.

Fisher III, William, W., Morton J. Horowitz and Thomas A. Reed.
            1993. American Legal Realism. New York: Oxford University
            Press.

Hodder-Williams, Richard. 1996. Judges and Politics in the
            Contemporary Age. London: Bowerdean Pub. Co.

Lewis, Anthony. 1966. Gideon's Trumpet. New York:Vintage Books.

Stumpf, Harry P. 1998. American Judicial Politics. New Jersey:
            Prentice Hall.

Westin, Alan F. 1958. The Anatomy of a Constitutional Law Case.
            New York: MacMillan.

Woodward, Bob, Scott Armstrong. 1979. The Brethren: inside the
            Supreme Court. New York: Simon and Schuster.

CUT POLICY- We will adhere to the College Policy. After the equivalent of one and a half weeks of absences from class, (3-5 classes depending on class schedule) regardless of cause, the student is subject to being withdrawn from the class at the discretion of the instructor.

TAPING POLICY- Taping is permitted.

Students with disabilities should contact the Office of Disability Services to make arrangements for appropriate services and testing modifications. The director of the Office of Disability Services can be reached in Bellevue Hall at (706)-737-1472 or (TDD-706-667-4175).