- Administrative Law - 3 Units
- An Essential California Bar Exam Supplement
- Course Descriptions
- Frequently Asked Questions | One-Timers
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Administrative Law - 3 Units
Download Options Close. Download Options Close. What ebook format do I want? Can I save notes and highlights? Will it work on my device? How can I find the last book I was reading? Book Description Description California Bar Edge essay questions with detailed issue analysis of five Bar Exam essay questions in Civil Procedure Get ready for the most difficult of state exams with the California Bar Edge study components. An aphorism known throughout higher education notes that "The ideal learning tool is [a very knowledgeable professor] on one end of a log and a student on the other.
Another objective is to accentuate the notion that legal education aims to address the fundamentals of the legal system as well as its plumbing. Students will learn about the origins of the juvenile justice system and its founding principles. These theoretical concepts will then be grounded in common juvenile justice practices throughout the country. The course will focus on ethical and practical tensions that surround juvenile advocacy and will explore the local juvenile justice efforts in Santa Clara County from the perspectives of justice involved youth, community based judges, and attorneys.
An exploration of the legal regulation of land use and development. The course considers local land use planning and controls, including comprehensive planning, zoning, subdivision controls and planned communities. In-depth discussion of major issues in land use, such as takings, transfers of development rights, growth management, and the environmental regulation of land use. It is an old and oft repeated maxim that law school teaches a new way to think. If reasoning from the particular rather than the general is that new way, the adage is simply inaccurate for reasoning inductively, while less common than reasoning deductively, requires a device that has been known for centuries.
If, on the other hand, what is meant by maxim is that lawyers reasonings sometimes are not necessary logical, but nonetheless treated so, we have embarked on a unique aspect of the law and its practice particularly in Common Law countries. When lawyers argue about the reasonable person, good-faith, subjective and objective standards, they seem to be doing something that has elements of logic, social theory, philosophy, politics and political power.
An Essential California Bar Exam Supplement
T his seminar explores whether courts are an impartial branch of government concerned with finding facts and resolving conflicts in the law when they act to affect social policy or whether they are acting in such matters as supreme legislative bodies. Additional issues to be confronted are: When can courts adjudicate such policies? What considerations prevent the judiciary from action and what factors mitigate to overcome those considerations? More importantly, how can an attorney recognize, create and exploit judicial proclivities in policy issues?
Law of Cruise Ships and Passengers. Over the recent years traveling on vacation aboard cruise ships has become popular and with popularity legal issues have proliferated. This course addresses those issues from embarkation to debarkation: ticket contract issues; passenger injury and illnesses; and unique maritime contract, criminal and tort actions.
This seminar examines the various methods of state intervention into domestic relations when matters of violence are involved. Current California law of the subject provides the courses nexus. In California nearly of a million people live within the 4, mobile home parks excluding those exempt from state regulation. The law pertaining to mobile homes and mobile home parks raises intersecting complex issues such as manufacture and responsibility for product defects, safety, owner and ownership questions and landlord-tenant rights and duties.
These issues are so complicated that state and federal law impose statutory regulations on many of these matters. Twenty nine separate pieces of legislation were reviewed by the California Legislature in alone, relating to some of these issues of which 17 were Enrolled and sent to the Governor.
This course addresses the myriad of laws necessary for the lawyer to have a fundamental knowledge of the law of mobile homes. The course addresses California and Federal law pertaining to qualification for candidacy and state and federal law regulatory campaign financing. In a complex and litigious society professional liability is both threat and fact. This course addresses not only the elements and proofs required to state a professional liability claim against a lawyer, it teaches the defenses and safeguards against such claims.
An issue sometimes debated in legal education is whether lawyers are technicians or something more. This honors seminar course is based on the premise that any functioning legal system rests on a consensus, conscious or unconscious, articulated or unarticulated, that posits the nature and appropriate function of a legal system. Following the premise, the course explores the components making up the nature and function as well as the province of the law. This first-year course provides integrated instruction in legal research, analysis and writing.
The curriculum alternates short task-based exercises with longer assignments that require effective legal research strategies and management of multiple authorities in legal writing. Primary and secondary sources are explained. Various methods for updating legal authority are also included. The initial research component emphasizes manual library research and later, computer-assisted legal research. This course is a comprehensive study of the California state legislative process, creation of statutory law and how advocates and advocacy impacts the process.
There will be limited discussion of federal and local legislative processes. Significant time will be devoted to this interactive course to activities such as drafting legislation, reading and analyzing bills, as well as participating in mock hearings and legislative meetings.
Emphasis on the skills, techniques, and format of appellate brief preparation, procedure in reviewing courts, oral presentation of facts and law, and the persuasive argument. This course is open only to students who have successfully completed the Moot Court and who have received the recommendation of the professors who taught that course.
The course seeks to prepare students for Moot Court competitions. Study of the various security devices affecting interests in real property in California and the tension created in law as a result of a judicial model that often treats the borrower as a necessitous person requiring legal protection and the lender as the author of all onerous contract terms by which the borrower is bound.
This honors seminar involves intense study of the regulation of security devices affecting interest in real property with particular emphasis on the limits on freedom of contract imposed by California's unique approach to land security and the reasons and purported justifications therefore. Open only to students who have successfully completed the California Real Estate Finance course. The utilization of real property as security for the performance of a contractual promise is a critical component of our commercial society as has been shown by our recent economic duress; this class addresses the fundamentals of so-called mortgage law including the concept of security, the various forms of security agreements and the enforcement of such agreements.
Prerequisite: Completion of Real Property I. This is an Honors course requiring interested students to submit a Petition to the Dean. Admittance is based on approval by, and at the sole discretion of the Dean. The course explores the theoretical and practical aspects of negotiating and mediating disputes with emphasis on the collaborative negotiation model. The objectives of the course are to: 1 familiarize students with various negotiation models as a foundation for creating their own negotiating style; 2 develop an understanding of the context in which particular negotiation and mediation strategies are successfully employed; 3 explore ethical considerations and their impact on negotiations and mediations; 4 develop proficiency in negotiation through role plays and other practical exercises; 5 acquire basic skills essential to service as a mediator, including convening, conducting joint sessions, caucusing and assisting in the creation of durable and enforceable agreements.
Personal Property 2 units; Required; Letter Grade. A study of the law attendant to tangible and intangible personal property that provides an analysis of ownership; possession; methods of acquisition, transfer, and hypothecation; and remedies to vindicate ownership or possession of such property. Attention is devoted to the problems of bailment and common carrier responsibilities. The course also serves as a brief introduction to the concepts of so-called intellectual property. The history of products liability from its antecedents in strict liability and warranties to the modern test of consumer expectations and chain of commerce are carefully analyzed together with the policy issues that led to the development of this tort as well as of the criticism that it operates to reduce entrepreneurship and to limit markets and choice.
This course entails study of the legal profession as an institution; the development of a sense of professional responsibility; privileges and duties as a member of the legal profession; review of the fundamentals of ethics and their application to legal problems; study of the Model Rules of the American Bar Association and the Rules of Professional Conduct of The State Bar of California. An additional unit has been added to the class in order for students to analyze, describe and resolve issues connected with the professional and ethical practice of the law.
One unit of the course will be devoted to writing including Opinion Letters relating to rule compliance and advice. Provides an overview of the differing legislative and judicial approaches to the so-called American Dilemma where race and the quest for equality intersect. The problems of social stigmas and prejudice and efforts to seek equal justice under the law are reviewed from a historical and Constitutional perspective. Constitutional issues from Dred Scott v Sandford to Lopez v.
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Union Tank Car, as well are racial profiling are explored in depth. This course addresses the strategies integral to successfully negotiating the purchase and sale, exchange or leasing of real property with the principals, professionals and regulatory authorities. The course is open only to students who have successfully completed the Real Property I and II and who have received the recommendation of the professors who taught those courses or who have completed the second year and obtained a grade of 84 or higher; or on recommendation of the Dean. This is a yearlong course for 2nd year students that provide an introduction to the law of property that focuses on interests and estates in land as historically developed in England and the United States and the co-ownership of estates and the consequences thereof.
This is a yearlong course for 3rd year students that addresses how interests in land are acquired, the consequences of acquisition, the transfer of such interests, the effects thereof, and restrictions on such interests whether imposed privately or by government. This is a yearlong course for 2nd year students that provides an overview to the law of real property, focusing on interests and estates in land; the co-ownership of such interests and estates; the acquisition of ownership and lesser interests in real estate, the nature of that ownership, restrictions thereon, the consequences of ownership and methods and procedures connected with transfers of such ownership.
The course introduces the student to the basic document encountered in real estate transactions; the agreement of sale or so-called deposit receipt. Starting with the role of the broker and issues of agency, the course turns to the purchase and sale agreement and the usual terms therein. In reviewing the agreement, attention is devoted to the usual conditions found in such agreements, pertinent to the state of property, state of title, and financing the transaction as well as the negotiation of the terms of those conditions and their satisfaction.
Additional matters, such as options, escrow and closing are also considered. This course considers contemporary issues in religious liberty, including significant reported and pending cases. The student will be expected to learn the impact of the Free Exercise and Establishment clauses of the First Amendment as unique topics in Constitutional law and the various principles applied by the courts in deciding such cases.
The intersection of establishment and free exercise of Religion raise important and arcane issues. What is religion? What is the difference between the rule of law and the ethical codes of religion? Which has the greater power over citizens the religious institution, or the governmental authority of the state?
Frequently Asked Questions | One-Timers
How does each power co-exist with the other? Such issues exist in a broader context as well as current world events prove. In the Western tradition, the balance of power between religion and state has shifted over the centuries. In the United States, the balance takes a particular form as expressed in the First Amendment. The free exercise clause protects individuals freedom of religious practice and liberty of conscience, and is more than toleration of different religions. The establishment clause puts limits on the states authorization or protection of a particular religion--or non-religion--and it also protects believers from governmental assault on their conscience in the name of the law.
How should we analyze how judicial decisions have affected expression of religious belief in the U. Because lawmaking activities include more than case law, we will also look at other literary forms, such as essays by scholars, statutes, legislative debates, and presidential proclamations and addresses. Remedies 3 units; Required; Letter Grade.