FOUNDATIONS OF AMERICAN LEGAL SYSTEMS AND METHODS FOR DISPUTE RESOLUTION

 

B. Adam McGough, J.D., LL.M 

Southern Methodist University Center for Dispute Resolution & Conflict Management
Cell 214-876-0582

rezolutionz@gmail.com

 

Course Description

            This course is designed to impart fundamental knowledge about the American legal system and teach practical skills that professionals engaged in dispute resolution need to effectively participate in mediations, arbitrations, negotiations, and dispute resolution design. These skills include legal reasoning, interpreting case law, statutes, as well as receiving a primer on research materials and tools used by judges and lawyers to find and interpret the law so that they can evaluate the merits of a legal dispute. Topics that will be covered include: (1) Structure of the American Court System; (2) How the Common Law Works and How to Read It; (3) The Legislative Process and Understanding Statutes; (4) Anatomy of a Lawsuit; (5) ADR and the Courts; (6) Constitutional Law; (7) Tort Law; (8) The Process of Legal Negotiations; (9) Mediation of Legal Disputes; and (10) Basic Legal Research.

  

Goals of the Course

 

1.                  You will acquire the ability to communicate more effectively and confidently with lawyers and judges since you will be able to understand the often technical language of the law.

 

2.                  You will develop a more sophisticated understanding of the dispute because you will be able to better understand the legal arguments being made by the advocates in the mediation, arbitration or negotiation in which you are involved.

 

3.                  You will gain a deeper appreciation for how alternative dispute resolution fits into the American legal system, and the policy issues raised by its use.

 

4.                  You will be a more effective “reality” tester in mediation because you will better understand the law and the legal process, and thus as you will be able to formulate meaningful questions to assist the parties in viewing the dispute more objectively.

 

5.                  You will be able to educate yourself about a particular legal aspect of a dispute with which you are involved.

 

6.                  You will be better able to keep apprised of the substantive changes in the law of mediation and arbitration, as well as keeping abreast of the legal changes in the practice of dispute resolution as the field becomes increasingly regulated.

 

7.                  You will acquire basic legal research skills so that you may familiarize yourself with the legal issues that might arise in a dispute.

 

8.                  You will gain a more sophisticated understanding of the structure of the American constitutional legal system.


 Class Days & Times

 Class will meet on Tuesday evenings from 6:00pm till 10:15pm for 10 weeks from August 11 thru October 13th.  Classes will meet at the Legacy Campus unless otherwise announced by instructor. 

 

 August 25th:  Class will be held at the SMU Dallas Campus.  Additional info will be provided. 


Required Books & Materials

 

Manual (available at the DR Office): “Tabs” from this manual will be referenced throughout the course.

 Jay M. Feinman, Law 101: Everything You Need to Know About the American Legal System, (Second Edition; 2006)

 

Blacks Law Dictionary (pocket edition) (or any other good legal dictionary)

 

Additional materials in the form of articles, cases and role-play problems will be distributed throughout the course.  Other study materials will be used and referenced, and additional books may be suggested by the instructor.   

 

Grading

 Vocabulary/ Topical Quizzes                          10%

 

Professional Journal                                        10%

 

Class Participation (Role Plays, Prep, etc.)     30%

 

Research Project                                             15%

 

Mock Trial Prep                                              15%

 

Take-home Exam                                            20%

 

 

 

 Learning Methods

 

Class Discussion; lecture; role plays; self reflection; fishbowl demonstrations; case briefing and analysis; legal research; mock litigation/trial exercises.

 

Class Policies

 

Class Attendance:  Regular and punctual attendance is required.  Active participation is crucial for this class.  If you know in advanced that you will be late or will miss a class please inform me as soon as possible.  Any time missed may result in an additional requirement to be completed as agreed with the instructor.  Missed time for any reason may result in the reduction of the participation grade as well as a possible incomplete. 

 

Office Hours & Questions

 

I appreciate questions throughout the class, and I will make myself available to discuss specific questions or issues at your convenience.  I will stay after class most Tuesdays, and questions may be submitted via email.  I am also happy to set up meetings at agreeable times throughout the week.  Please call or email to arrange a meeting.    

  

 Class and Topical Outline

This is a general topic outline.  I reserve the right to vary these topics based upon the discussion, needs, and interests of the class.  Students are responsible for any changes announced in class.  Assignment due dates will be announced on or before the first day of class. 

 

CLASS ONE                (Tuesday August, 11)

 

Topics:                                    Overview of Course; Structure of the American Legal System; Sources of Law; Legal Methodology; and Intro into Areas of Law to be covered in class. 

  

CLASS TWO               (Tuesday, August 18)
 

Topics:                                    The Common Law & Legal Reasoning; Interpreting Statutes;  Briefing Cases; The Anatomy of  Lawsuit; Intro into Civil Procedure
 

CLASS THREE           (Tuesday, August 25)(Dallas Campus)

         

Topic:                                      Legal Research; The Adversary System, Civil Procedure and Alternatives to Traditional Litigation in the Court System       

 

CLASS FOUR              (Tuesday, September 1)

 

Topic:                                      Constitutional Law; Separation of Powers
 

CLASS FIVE                (Tuesday, September 8)
 

Topic:                                      Criminal Procedure & Criminal Law
 

CLASS SIX                   (Tuesday, September 15)

 Topic:                                      Contracts; Commercial Law; Business Foundations
 

 CLASS SEVEN            (Tuesday, September 22)
 

Topic:                                      Tort Law/ Professionalism and Ethics

 

CLASS EIGHT             (Tuesday, September 29)
 

Topic:                                      Property Law

 

CLASS NINE                   (Tuesday, October 6)
 

Topic:                                      Family Law;
 

 CLASS TEN                   (Tuesday, October 13)

 

Topic:                                      Role of ADR in various areas of Law 

 

Reminders about certain SMU Policies

 

1.             Students are reminded of the SMU Honor Code as referenced in the Student Handbook. Intellectual integrity and academic honesty are both the foundation and the goals for this program. Please reference and review the university policies on the responsibilities, policies, and penalties regarding academic honesty. http://www.smu.edu/studentlife/PCL_05_HC.asp

2.             Religious Observance: Religiously observant students wishing to be absent on holidays that require missing class should notify their professor in writing at the beginning of the term, and should discuss with them, in advance, acceptable ways of making up any work missed because of the absence.

3.             Disability Accommodations: Students needing academic accommodations for a disability must first contact Ms Rebecca Marin, Coordinator, Services for Students with Disabilities (214-768-4557) to verify the disability and establish eligibility for accommodations. They should then schedule an appointment with the professor to make appropriate arrangements.

4.             Class Decorum: Turn off (or set on vibrate) all cell phones or pagers. Do not read newspapers, books for other classes, or other outside reading materials during class. Walking into class late is disruptive as is leaving early. If you have to leave early, make arrangements before class begins, and then, when you leave, do so quietly. Professional respect and courtesy for your fellow students is imperative at all times.

 

 

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SMU Fall 2009 Emergency Preparedness Syllabus Insert:

As part of the federal government response to the H1N1 (Swine Flu) virus, the Department of Health and Human Services issued a nationwide public health emergency preparedness declaration on April 26th, 2009.  The declaration was renewed on July 23, 2009 and is currently in force. For the semester ahead, there is concern that the level and intensity of flu cases could increase substantially.

 

1)  For updates on the campus-wide status of flu conditions at SMU, please visit http://www.smu.edu.

 

2)  If flu conditions require cancellation of a class session or other changes for this course, an email will be sent to all class members.

 

3)  In the event of a major campus emergency at SMU, course requirements, deadlines and grading percentages are subject to changes that may be necessitated by a revised semester calendar or other circumstances beyond the instructor’s control.