ACE CREDIT Introduction to Law Online

·         Before the Government

·         The Results of the Revolution

·         The Influence of Political Theories

·         Balance as the Key to Success

1.2 The Modern Legal System

·         The Sources of Law

·         The Hierarchy of Law

·         Exception to the Rule of Hierarchy

• Distinguish the positivist, naturalist, and sociological theories.
• Explain the role of political theories in the current system of American government.
• Discuss the weaknesses of the Articles of Confederation.
• Describe the function of each branch of government under the Constitution.
• Explain the differences between legislative, judicial, and administrative law.
• Distinguish the traditional and modern balance of application of laws.
• List the hierarchy of law.
• Explain the exception to the rule of hierarchy.

·         Characteristics of Judicial Law

·         Clarification of the Law

·         Protection of the Law

2.2 The Structure of the Judicial System

·         Trial versus Appellate Courts

·         The Federal Court System

·         The U.S. District Courts

·         Special Federal Courts

·         The U.S. Courts of Appeals

·         The U.S. Supreme Court

2.3 The State Court System

2.4 The Process of Legal Analysis

·         Legal Analysis of Case Law (Judicial Opinions)

·         The Facts

·         The Legal Issue

·         The Law

·         The Rule

·         Statutory and Administrative Analysis

·         Application of Legal Analysis

• Discuss the characteristics unique to judicial law.
• Explain the twofold purpose of judicial law.
• Describe the structure of the federal court system.
• Describe the role of each primary level of federal courts.
• Describe the modern-day function of the U.S. Supreme Court.
• Discuss the types of cases generally considered by the U.S. Supreme Court.
• Describe the two general types of state court structures.
• Discuss the process of legal analysis.
• Apply the process of case analysis to a judicial opinion.

3.2 The Purpose of Legislation

3.3 The Legislative Process

·         The Path from Concept to Law

·         Constitutional Amendments

·         The Function of Lobbyists

·         Public Hearings and Sessions

·         Publication of Legislation

3.4 Legislation and Judicial Review

• Describe the method of election of members to both houses of Congress.
• Describe the three purposes of legislation.
• Describe the process of legislation.
• Discuss the effect of the presidential veto power on legislation.
• Discuss the publication process of new legislation.
• Describe the role of the lobbyist.
• Describe the role of the judiciary with respect to statutory law.

·         Changes in the Electoral Process

·         Powers and Authority of the President

·         The Role of the President, Then and Now

4.2 Administrative Agencies

·         The Role of the Administrative Agency

·         The Creation of an Administrative Agency

·         The Delegation Doctrine

·         Agencies Today

·         The Operation of an Administrative Agency

·         Authority of Administrative Agencies

• Discuss the effect of the Twelfth Amendment on the electoral process.
• List the duties of the president.
• Describe the delegation doctrine.
• Identify the steps in the creation of an administrative agency.
• Discuss the purpose of an administrative agency.
• Discuss the function of an administrative agency.
• Identify what an administrative agency is required to do when proposing and issuing a new regulation.
• Describe what a court must consider when reviewing an administrative agency action.
• Discuss the purpose and nature of the Administrative Procedure Act.

·         The Difference between Civil and Criminal Law

5.2 Substantive versus Procedural Law

·         Substantive Law

·         Procedural Law

·         The Common Ground

5.3 The Creation and Application of Civil Procedure Law

·         Creating Laws of Procedure

·         Types of Procedural Law

5.4 Rules of Civil Procedure

·         Pretrial Proceedings

·         Stages of Trial

·         Rules of Evidence

·         Rules of Appellate Procedure

·         Appellate Procedure

• Distinguish substantive and procedural law.
• List the two functions of substantive law.
• Explain how the laws of procedure are created.
• List the types of procedural law.
• Discuss the function an appellate court.
• Discuss the procedure of an appellate court.
• Explain the purpose of the rules of evidence.
• Describe each stage of a trial.
• Explain the difference in procedure between a jury trial and a bench trial.
• Identify the difference between a motion for judgment NOV and a motion for new trial.
• Explain the purpose of exceptions to hearsay evidence.

·         Subject Matter Jurisdiction

·         Jurisdiction in Personam (Personal Jurisdiction)

·         In Rem and Quasi in Rem Jurisdictions

6.2 Federal Jurisdiction

·         Federal Question

·         The United States as a Party

·         Diversity of Citizenship

·         Removal and Remand

6.3 Other Jurisdictional Considerations

·         Corporations

·         Venue

·         Forum Non Conveniens

6.4 Establishing Jurisdiction

• Distinguish in personam, in rem, and quasi in rem jurisdiction.
• Describe subject matter jurisdiction.
• Identify the conditions for establishing federal jurisdiction.
• Discuss the circumstances of removal and remand of a case based on federal jurisdiction.
• List the possible domiciles of a corporation.
• Explain how the domicile of a corporation is determined.
• Discuss the doctrine of forum non conveniens.
• List the factors used to make a forum non conveniens determination.

·         Judges

·         Lawyers

·         Paralegals

·         Law Office Administrators

·         Support Personnel

·         Quasi-Legal Professionals

7.2 The Newest Professional in the Legal Arena: The Paralegal

·         The Paralegal as a Member of the Legal Team

·         Development of the Paralegal Profession

·         Current Defining Standards of Competence

• Describe the special skills that a licensed attorney is expected to have.
• Explain what is necessary to become a licensed attorney.
• Explain the difference between a trial judge and an appellate judge.
• Define the role of an administrative law judge.
• Discuss the evolution of the paralegal profession.
• Describe the skills that a qualified paralegal is expected to have.
• Discuss the various members of the legal team and their duties.
• Explain why some nonlawyers have a limited license to engage in what would otherwise be considered the unauthorized practice of law.

·         Legal Ethics and Their Impact on Professionals

·         Ethical Standards

·         Ethical Canons and Rules

·         Competency

·         Confidentiality

·         Conflict of Interest

·         Commitment to Zealous Representation

8.2 The Result of Ethical Violations

• Explain the role of ethical standards in the American legal system.
• Discuss the attitude of the legal profession toward ethical standards.
• Describe the ethical standards applicable to various components of the legal profession.
• Distinguish between ethical canons and ethical standards.
• Explain the rationale for holding attorneys accountable for the ethical conduct of subordinates.
• Discuss major ethical requirements that are universal to all legal professionals.
• Discuss what can result from ethical violations.

9.2 The Development of Tort Law

·         Trespass and Trespass on the Case

·         Liability of Parties

·         Increase in Tort Claims

9.3 Terminology in Torts

9.4 Negligence

·         The Concept of Duty

·         Range of Possible Injury

·         Degree of Duty

·         The Standard of Care

·         Proximate Cause

·         Damage

·         Res Ipsa Loquitur

9.5 Strict Liability

9.6 Intentional Torts

·         Assault

·         Battery

·         False Imprisonment

·         Trespass

·         Fraud

·         Defamation

·         Emotional Distress

·         Special Damages Awarded for Intentional Torts

9.7 Product Liability

·         Causes of Action

·         Defenses

·         Statute of Limitations

9.8 Employment and Torts

·         Employer–Employee Relationship

·         Statutes Governing the Employment Relationships Involved in Tort Actions

·         Employer Liability Laws

·         Discrimination Issues

9.9 Medical Malpractice

9.10 Effects of Electronic Communications on Modern Tort Law

9.11 Tort Defenses

·         Contributory and Comparative Negligence

·         Assumption of Risk

·         Last Clear Chance

·         Intentional Tort Defenses

9.12 Damages in Tort Actions

• Distinguish negligence from intentional torts.
• Distinguish negligence from strict liability.
• Explain the applicability of respondeat superior in tort cases.
• List the elements of negligence.
• List the defenses to claims of negligence.
• Identify the various kinds of damages available in a tort case.
• List the types of actions for defamation.
• List the requirements for application of res ipsa loquitur.
• Distinguish the torts of assault and battery.
• Discuss product liability.
• Describe employment discrimination.
• Identify areas of electronic technology that are evolving areas of tort litigation.

·         Antenuptial (Prenuptial) Agreements

·         Requirements for Marriage

·         Annulment

·         Common Law Marriage

·         The Marriage Relationship

·         Effects of Tort and Criminal Law on Domestic Relations

10.2 Ending the Marital Relationship

·         Jurisdiction

·         Grounds for Dissolution of a Marriage

·         Legal Separation

·         Temporary Orders

10.3 Custody

·         Who Gets Custody?

·         Joint Custody

·         Enforcement of Custody Orders

10.4 Child Support

·         Child-Support Guidelines

·         Modification of Support

·         Failure to Pay

10.5 Visitation

10.6 Property and Debt Division

·         Separate Property

·         Community Property

·         Pensions and Employee Benefit Programs

·         Marital Debts

10.7 Maintenance (Alimony or Spousal Support)

10.8 Nontraditional Marital Relationships

10.9 Reproductive Law

·         Paternity

·         Adoption

·         Fertility and Surrogacy

• Explain the requirements for a valid antenuptial agreement.
• List the requirements for marriage.
• Explain the purpose of legal annulment.
• Discuss the rights of parties who cohabit without marriage.
• Discuss the function of temporary orders.
• Explain how courts determine child support.
• Explain how courts determine custody issues.
• Discuss the disadvantages of joint custody.
• Explain how property and debts are divided in marriage dissolution.
• Explain how courts determine alimony issues.
• Describe the issues involved in reproductive law.
• Explain the concept of no-fault divorce.

11.2 The Function of the Probate Courts

11.3 Intestate Succession

11.4 Testate Succession

·         Requirements of a Valid Will

·         Will Codicils and Will Revocation

·         Will Contests

11.5 Probate of Estates

• Distinguish between per stirpes and per capita distribution.
• List the requirements for a valid will.
• List the grounds to contest a will.
• Describe the function of probate courts.
• List the steps of probate.
• Describe the obligations of the personal representative.
• Discuss the rights of a surviving spouse.
• Distinguish testate from intestate distribution.
• Describe the process of dealing with the inheritance of one who is alleged to be responsible for a decedent’s death.
• Discuss the requirements for a valid oral will.

·         At Least Two Parties

·         Parties Who Have Legal Capacity

·         Manifestation of Assent by All Parties

·         Consideration That Supports a Legal and Enforceable Promise

13.2 Third-Party Involvement in Contracts

·         Third-Party Contracts

·         Assignment and Delegation

13.3 Problems in Creating or Enforcing the Contract

·         Terms of the Contract

·         Unconscionable Contracts

·         Fraud in Contracts

·         Statute of Frauds

13.4

·         Defenses to an Allegation of Breach of Contract

13.5 Remedies for Breach of Contract

• Identify the elements of a valid offer to contract.
• Differentiate between a unilateral and a bilateral contract.
• Discuss the application of assignment and delegation in a contract.
• Distinguish fraud in fact and fraud in the inducement.
• Explain the purpose of the statute of frauds.
• List the defenses to alleged breach of contract.
• Distinguish compensatory damages, liquidated damages, and specific performance.
• Discuss the remedies available to one who has entered a contract with a mistaken understanding of the terms of the agreement.

·         Creation of the Agency Relationship

·         Agent’s Duties

·         Principal’s Duties

·         Types of Authority

·         Respondeat Superior

14.2 Sole Proprietorships

14.3 Partnerships

·         The Nature of Partnerships

·         Characteristics of a Partnership

·         Limited Partnerships

·         The Relationship of Partners

·         Partnership Property

·         The Life of a Partnership

·         Partnership Dealings with Third Parties

·         Termination or Dissolution

14.4 Corporations

·         Corporate Characteristics

·         Creating a Corporation

·         Types of Corporate Status

·         Personal Corporations, Close Corporations, and Limited Liability Companies

·         Piercing the Corporate Veil

·         Corporate Stock

·         The Corporate Existence

·         Voting by Shareholders

·         Rights of Shareholders

·         Corporate Actions

·         Dissolution of the Corporation

·         Bankruptcy

14.5 Negotiable Instruments

• Discuss the role of agency in partnerships and corporations.
• Distinguish actual and apparent authority.
• Distinguish by characteristic the business forms of partnership, corporation, and sole proprietorship.
• List the determining factors for the existence of a partnership.
• Discuss limited partnerships’ unique characteristics.
• Describe the steps that must be taken to create a corporation.
• Discuss a corporate promoter’s role.
• Explain the rationale behind the doctrine of piercing the corporate veil.
• Describe the process of dissolution of a corporation.
• Discuss negotiable instruments.

·         Categories of Crime

·         Definition of Crime and the Elements of Criminal Conduct

15.2 Parties to Crime

·         Principal in the First Degree

·         Principal in the Second Degree

·         Accessory before the Fact

·         Accessory after the Fact

·         Parties to Crime under the Model Penal Code

15.3 Elements of Serious Crimes

·         Inchoate Offenses

·         Miscellaneous Offenses

·         Felony Crimes

·         Electronic Media and Crime

15.4 Punishment

15.5 White-Collar Crime

15.6 Defenses to Charges of Criminal Conduct

·         Common Defenses

·         The Insanity Defense

• Distinguish actus reus and mens rea.
• Identify the parties to crime under common law principles.
• Identify the parties to crime under the Model Penal Code.
• Explain the distinction between theft and robbery.
• Distinguish the types of homicide.
• Discuss the concept of corporate criminal liability.
• Distinguish justifiable and excusable conduct.

·         Categories of Crime

·         Definition of Crime and the Elements of Criminal Conduct

15.2 Parties to Crime

·         Principal in the First Degree

·         Principal in the Second Degree

·         Accessory before the Fact

·         Accessory after the Fact

·         Parties to Crime under the Model Penal Code

15.3 Elements of Serious Crimes

·         Inchoate Offenses

·         Miscellaneous Offenses

·         Felony Crimes

·         Electronic Media and Crime

15.4 Punishment

15.5 White-Collar Crime

15.6 Defenses to Charges of Criminal Conduct

·         Common Defenses

·         The Insanity Defense

• Distinguish actus reus and mens rea.
• Identify the parties to crime under common law principles.
• Identify the parties to crime under the Model Penal Code.
• Explain the distinction between theft and robbery.
• Distinguish the types of homicide.
• Discuss the concept of corporate criminal liability.
• Distinguish justifiable and excusable conduct.

·         The Approach of the U.S. Supreme Court

·         The Fourteenth Amendment: Due Process

·         The Fourth Amendment: Search and Seizure

·         The Fifth Amendment: Double Jeopardy and Self-Incrimination

·         The Sixth Amendment: Speedy Trial, Impartial Jury, and Confrontation

·         The Eighth Amendment: Bail and Cruel and Unusual Punishment

16.2 Stages of Criminal Procedure

·         Pre-Arrest

·         Arrest and Interrogation

·         Bail

·         Preliminary Hearing and Arraignment

·         Trial, Appeal, and Sentencing

• Explain the purpose of selective incorporation.
• List the rights adopted into the definition of due process through selective incorporation.
• Explain the concept of double jeopardy.
• Explain when double jeopardy does not apply even though the defendant has gone to trial.
• Discuss when a defendant has the right to counsel.
• Discuss the determination of bail.
• Discuss when an arrest warrant is not required.
• Compare grand jury proceedings and preliminary hearings.
• Explain the process of arraignment.