Syllabus
Law 16 - Civil & Criminal Evidence – 3:00 Units
Fall 2011 - Section 0327
Instructor: David Jordan, Esq.
Office: Faculty Office #20
Office hours: Wednesdays 4:00 – 5:00 PM, or by appointment.
Phone: 818/364-7720 - cell phone 818-415-2015
Email: abogado@pacbell.net
Moodle Page: http://moodle.lamission.edu/course/view.php?id=927
Textbook: Evidence for Paralegals by Cummins & Marlowe - 4th edition or later
ISBN: ISBN-10: 0735558523 ISBN-13 9780735558526
Course Description: Study of the rules of civil and criminal evidence and the admissibility of such evidence in court including relevancy, hearsay, hearsay exceptions, character evidence, habit and custom, witness & competency, impeachment, authentication and identification of documents, constitutional restraints, and common law privileges. Students analyze evidentiary objections to trial transcripts, and other legal documents.
Course Organization: Law 16 is organized into assignments, quizzes, contracts, a final contract project, and forum discussions. Read "Where to Start"
Student Learning Outcomes:
Upon successful completion of this course, a student will be able to:
1. Brief law cases in criminal and civil evidence including hearsay, hearsay exceptions, relevance, habit, custom, authentication, privileges, constitutional restraints, and other issues relating to evidence.
2. Critically analyze and argue issues of evidence and the other subject matters listed in #1 above.
3. Prepare legal documents, forms or papers including evidentiary analysis of transcripts, objections at trial, and during discovery, objections to evidentiary questions in interrogatories, and request for admissions, arbitration and mediation.
Students will read evidence cases and write a case brief demonstrating their understanding and application of the essential facts and rules of law and legal principles of the case. see case brief rubric at http://missionparalegal.pbworks.com/briefing
Skill Level: College level reading and writing; ability to access the internet. Necessary skills include proficiency using a word processing program, including spell checker, using a web browser, sending and receiving email, saving documents as RTFs (rich text format), uploading and attaching documents.
Estimated Time per Week: 10 hours (see Carnegie Rule)
Class format: The class is an entirely online class. We use the Moodle Course Management System. Carefully read our policies.
The class follows a weekly format. If you click on "Section Links" in upper left corner of your moodle class, you will see the weekly assignments, quizzes, forums and activities. There are many opportunities for you to participate and earn points to attain a good grade.
Online classes require your attention and effort. If you fail to log into the class during the first two weeks you will be excluded from the class. There are activities and assignments each week; you will need to log into the class several times a week.
To be a successful online/hybrid student, you need to do schedule a regular time for studying, read and complete on line activities, and more.
Technical Requirements: The minimum computer requirements are: Computer, either a Macintosh or IBM compatible; modem, minimum 28.8, broadband or high speed internet access is preferred and is required to view the videos. Software: Web browser software, preferably Firefox 3.5 or Internet Explorer 8, an e-mail address and a word processing program.
Get Firefox: http://www.mozilla.com/en-US/firefox/all.html
Get Internet Explorer: http://www.microsoft.com/windows/Internet-explorer/default.apx
Get a free email account at: www.mail.google.com
Students who do not have regular computer access may use computers in the campus Learning Resource Center. Be sure to save all your papers and assignments on a flash drive.
Course Login: http://moodle.lamission.edu
First Assignment: Introduce yourself to the class under the forum discussions for the first week. This is where you will get to know your classmates. Post your introduction by Sunday evening, 11:55 pm, September 4th. You may be withdrawn from class if you do not post your introductions by the end of the 2nd week of class.
Contacting Your Instructor: I check my email several times a day and respond to emails within 24 hours. Please don’t hesitate to contact me with any questions; email me at: abogado@pacbell.net, in the subject line put: Law 16 #0331. I am also available in-person or by telephone on Wednesdays, 4:00 – 5:00 PM.
Discussion Forums: The discussion forums are the main area for class participation. The weekly discussions open on Mondays and close the following Sunday at 11:55 PM. Initial posts are due by Wednesdays at 11:55 pm. Initial posts should be at least two paragraphs in length (approximately 120-150 words), respond directly to the topic in a reflective manner, referencing the topic link and content provided, and applying the law or case materials. Respond to at least two students to each forum by Sunday evening at 11:55 pm.
CLASS BIOGRAPHIES: You will find your instructor's autobiography posted in the "Discussion Board" of the class website. Please post your bio in the discussion board by Friday of week one. In your bio, please be sure to include:
Your name,
Class level,
Alternate email address,
Academic accomplishments,
Other items of interest, and
Include any preliminary questions or concerns you have at this point.
DISCUSSION FORUMS: Every week a discussion questions posted to the website "FORUMS." You are required to post a answer to each discussion question by Wednesday of the forum week. Further, you are required to post, at least, one response to two or more of your classmates' initial responses. You are not required to respond to every classmate. You may, although this is a decision each student will make.
Minimum THREE different days per forum week. As we begin our online work together I want to discuss an important aspect of online learning, namely participation. Participation is an important part of this collaborative online learning environment. It is well documented that participation and collaboration does enhance learning & whether it be in-class or at a distance. You are encouraged to initiate and respond regularly and make sure your ideas are presented clearly and are substantive. Postings that lack substance will receive little or no credit. For example, “I agree,” “Good posting,” or similar messages that add little or nothing to the discussion will receive few, if any credits. Discussions posted to the website are an important part of the learning that takes place in this class. In essence, we learn from each other. Share ideas or questions with your colleagues. Ask them questions. Share your own experiences.
SOME SPECIFIC EXPECTATIONS ABOUT PARTICIPATION:
Class Meeting Discussions:
- Please read, review, and reflect on each message PRIOR to posting to the forums. Remember: Others cannot get visual clues as to meaning, therefore, be careful in what and how you communicate. Once posted, messages cannot be deleted!
- All postings to any meeting in this class are to be considered CONFIDENTIAL and for consideration and discussion only by members of this class.
- Ask questions about areas of the subject that you wish to better understand or for clarification and/or amplification.
- Read your classmates comments and presentations, and respond constructively.
- Offer personal/professional experiences/observations relevant to the items being discussed.
Participation Rubric:
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Unsatisfactory
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Satisfactory
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Exemplary
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A minimum of 3 postings per forum on at least 3 separate days.
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Less than 3 substantial postings.
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Three required substantial postings.
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More than the 3 substantial required posting.
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Answers by Wednesday
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Respond to classmates by Sunday
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Posting answers after Wednesday
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Posting answers on Wednesday
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Posting answers before Wednesday
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Well reasoned with appropriate analysis.
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No response or lacks applicability.
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Response is applicable, but may not be thorough or lacks depth.
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Thorough response with appropriate depth.
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Appropriate dialog with classmates
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Responses do not clearly relate to topic.
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Responses relate to topic.
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Responses clearly relate to topic.
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Appropriate grammar, spelling, and APA references.
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Spelling and/or grammar errors.
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No spelling or grammar errors..
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No spelling, grammar errors, or punctuation errors.
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Student deliverables should be submitted on the specified date by midnight of the student’s time zone. For purposes of scheduling, each week or module begins on Monday 12:01 AM and concludes the following Sunday at Midnight.
EXPECTATIONS FOR WRITTEN WORK:
VOCABULARY - You are expected to read and understand the material presented in the assigned text and articles you locate.
FORMAT - Papers submitted should be written in accordance with the APA, Bluebook, or other recognized formatting style.
GRAMMAR - Use active voice in your writing. Also use the spelling and grammar check feature of your Word Processor before submitting your papers.
Homework Assignments: Assignments require you to read and brief law cases. Read the information on "briefing law cases". Below is the grading rubric for your case "briefs"
CASE BRIEF GRADING RUBRIC
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Outstanding
A
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Proficient
B
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Adequate
C
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Inadequate
D/F
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Case Name and Citation
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Complete case name and properly formatted citation appear at the top of the case brief
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Complete case name is provided but citation is incomplete
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Complete case name is provided but no citation is give
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Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.
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Operative Facts
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Operative facts are relevant to the issue being examined by the court and are logically organized.
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Facts are relevant to the question being answered but lack coherence or organization.
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Irrelevant facts are included. Lack of logical organization.
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Relevant facts are omitted or lost in discussion of unrelated information.
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Procedural Facts
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Procedural history of the case is clearly and logically presented in proper chronology.
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Procedural history of the case is presented but chronology is confusing.
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Some procedural history is presented.
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No procedural history is presented.
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Issue/Short Answer
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Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.
Answer responds to question being posed.
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Issue is separately articulated, but does not include all elements; applicable law, issue being examined and relevant facts.
Answer responds to question being posed.
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Issue is not separately articulated, but implied through description of facts or discussion of law.
Answer does not respond to question being posed.
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Issue is not articulated
No answer is given.
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Law
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Law is correct and is relevant to the question being answered. Rule(s) of law succinctly paraphrased rather than quoted.
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Law is correct and is relevant to the question being answered, but is not paraphrased
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Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.
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Rules of law are omitted from answer or incorrect law is used.
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Rationale
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The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law.
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Law is applied to the facts, but the underlying rationale is not clear.
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Analysis is unclear, causing the reader to question whether the law is correct.
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No analysis of the law is given.
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Writing Mechanics
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Sentence structure, grammar, punctuation are substantially correct.
Each component‘s material is logically organized and presented in a clear, concise manner.
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Sentence structure, grammar, punctuation are substantially correct.
Organization is logical but needs better consistency and clarity.
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Adherence to rules of writing is poor.
Material lacks organization and/or is unclear, making it difficult to understand.
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Rules of writing are ignored or misunderstood.
No apparent logic to the organization of the material. Writing lacks clarity.
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**above adopted from case grading rubric - AAFPE.org website
Students who plagiarize will receive zero credit on the assignment.
Quizzes: The class is divided into weekly quizzes (20 multiple choice questions each). This is 40% of your grade.
Assignments: The class is divided into weekly assignments. This is 45% of your grade.
Forum Discussions: The class is divided into weekly discussion forums. This is 15% of your grade.
Late Assignments Our "Late Work" Policy is firm.
Grading Policy: Letter grades will be determined based upon the following:
Grade Distribution
Quizzes - 40 % of your grade
Assignments- 45 % of your grade
Forum Discussions- 15 % of your grade
Grade Scale: A 90-100
B 80-89
C 70-79
D 60-69
F ≤ 60
Please note that a grade of C or higher is required for each of the 12 paralegal certificate classes.
Points will be posted on the class website after each activity closes.
Reasonable Accommodation: For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement. The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732. see their website at http://lamission.edu/dsps
Important Dates
Website opens Sunday 8/28/11 at 6 pm
Aug. 29 - First Day of Instruction
Sept. 5 – Holiday, No Classes
Sept. 9 - Last Day to Add full-term Fall 2011 classes
Sept. 12 – Last day for refund
Sept. 12 – Last day to drop without notation on transcript & get refund
Sept. 23 - Last Day to Drop without a “W” in person
Sept. 25 - Last Day to Drop without a “W” by WEB
Nov. 11 – Holiday, No Classes
Nov. 18 - Last Day to Drop with “W” in Person
Nov. 20 – Last Day to Drop with a “W” by WEB
Nov. 24-27 Holiday – No Classes
Final Exams – Dec. 12-17
Dec. 17 - Semester Ends
Calendar of Activities
Chapter Quizzes
Week 1 - Due 9-4-11
Week 2 - Due 9-11-11
- Read Chapter 2 - Relevance
- #1 Evidentiary Objections
- #2 Kinds of Evidence - Monroe case
- #3 Relevance Questions
- #4 Veronica Hypothetical
- Post "The Importance of Evidence"
Week 3 - Due 9-18-11
- no chapter to read
- #5 Cofeld case
- #6 7-11 Hypo
- #7 Danielle Hype
- Test #A Intro to Evidence Quiz
- weekly discussion forum
Week 4 - Due 9-25-11
Week 5 - Due 10-02-11
Week 6 - Due 10-09-11
- Read Chapter 10 - Hearsay Exceptions
- Test #D Hearsay Quiz
- weekly discussion forum
Week 7 - Due 10-16-11
- no chapter to read
- #11 Compare and Contrasts California Evidence Code (CEC) with the Federal Rules of Evidence (FRE)
- #12 Analyze the Keaton transcript - Hearsay
- Test #E Hearsay Exceptions Review Questions Quiz
- weekly discussion forum
Week 8 - Due 10-23-11
Week 9 - Due 10-30-11
- Read Chapter 4 - Habit and Custom
- #14 Analyze Estate of Giddy Transcript
- Test #G Character Evidence Quiz
- weekly discussion forum
Week 10- Due 11-06-11
- Read Chapter 5 - Witness and Competency
- #15 Analyze Dunbar Transcript
- #16 Character Discussion
- #17 Character Evidence Review
- Test #H Habit & Custom Quiz
- weekly discussion forum
Week 11 - Due 11-13-11
- Read Chapter 6 - Impeachment
- #18 Habit and Custom Discussion
- #19 Habit and Custom - 3 cases
- Test #I Witness and Competency
- weekly discussion forum
Week 12 - Due 11-20-11
- Read Chapter 11 Authentication, Identification and Exhibits
- #20 Witness and Competency Discussion
- #21 Impeachment End of Chatpter Discussions
- Test #J Impeachment Quiz
- weekly discussion forum
Week 13 - Due 12-4-11
- Read Chapter 12 Constitutional Constraints
- #22 Impeachment case
- Test #K Authentication, Identification & Exhibits Quiz
- weekly discussion forum
Week 14 - Due 12-11-11
- Read Chapter 13 Common Law Privileges
- #23 - Impeachment Applications Questions
- Test #L Constitutional Restraints Quiz
- weekly discussion forum
Week 15 - Due 12-18-11
- Test #M Common Law Privileges Quiz
- weekly discussion forum
(special thanks to PM for the above format and structure of the syllabu)
Syllabus Fall 2011 (9/22/11)
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