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ACE Introduction to Law (3 Semester Credits) – Course Syllabus

Description:

This course creates an awareness and appreciation for the effect that law has on virtually every facet of modern life and society. Introduction to Law begins with a detailed look at the organization of the U.S. system of government. Students examine each of the primary substantive areas of law with realistic learning activities, relevant ethical considerations and easy-to-understand judicial opinions that reinforce topics. From fundamental concepts to emerging legal topics, Introduction to Law, presents the terminology, principles, and cases that are impacting society, and many professions today.

Textbook: Introduction to Law, 7th Ed. - Beth Walston-Dunham, J.D. – ISBN: 9781305948679

(This text is provided to students as part of their enrollment.) 

Prerequisites: No prerequisites

Course objectives:

Throughout the course, you will meet the following goals:

  • Explain the role of political theories in the current system of American government.
  • Describe the function of each branch of government under the Constitution.
  • Understand the structure of the U.S. Judicial System.
  • Describe the skills that a qualified paralegal is expected to have.
  • Discuss the various members of the legal team and their duties.
  • Understand how Law and Ethics are Interrelated.

Course Evaluation Criteria

A passing percentage is 70% or higher. 

Grading Scale                                                                                   

A = 95-100%

B = 88-94.9%

C = 80-87.9%

D = 70-79.9%

F = Below 70%

ACE Course Retake Policy

2 (two) attempts are allowed on every quiz, and 2 (two) attempts are allowed on every final exam.

Proctorio – Video Proctoring          

All Final Exams are video proctored with Proctorio. (www.proctorio.com)

ADA Policy

Excel Education Systems is committed to maintaining an inclusive and accessible environment to all students, across all of its schools, in accordance with the 1990 Federal Americans with Disabilities Act (ADA).

There is a total of 290 points in this course:

Grade Weighting

Chapter Quizzes          70%

Final Exam                  30%

100%

Assessment Points Available Percentage of Final Grade
Chapter 1 Quiz 15 4.375
Chapter 2 Quiz 15 4.375
Chapter 3 Quiz 15 4.375
Chapter 4 Quiz 15 4.375
Chapter 5 Quiz 15 4.375
Chapter 6 Quiz 15 4.375
Chapter 7 Quiz 15 4.375
Chapter 8 Quiz 15 4.375
Chapter 9 Quiz 15 4.375
Chapter 10 Quiz 15 4.375
Chapter 11 Quiz 15 4.375
Chapter 12 Quiz 15 4.375
Chapter 13 Quiz 15 4.375
Chapter 14 Quiz 15 4.375
Chapter 15 Quiz 15 4.375
Chapter 16 Quiz 15 4.375
Final Exam 50 30
Total 290 100

 

Course Contents and Objectives

 

Chapter 1 – The Historical Basis and Current Structure of the American Legal System
Lessons 1.1 The Historical Basis of American Law

·         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

Objectives
  • 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.

 

Chapter 2 – The Courts
Lessons 2.1 The Purpose and Effect of Judicial Law

·         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

Objectives
  • 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.

 

Chapter 3 - Legislation
Lessons 3.1 The Legislative Branch

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

Objectives
  • 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.

 

Chapter 4 - The Executive Branch and Administrative Authority
Lessons 4.1 The Executive Branch

·         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

Objectives
  • 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.

 

 

Chapter 5 – Substantive and Procedural Issues
Lessons 5.1 Substantive and Procedural Issues

·         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

Objectives
  • 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.

 

Chapter 6 - Jurisdiction
Lessons 6.1 Types of Jurisdiction

·         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

Objectives
  • 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.

 

Chapter 7 – The Legal Professional
Lessons 7.1 Who Are Today’s Legal Professionals?

·         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

Objectives
  • 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.

 

Chapter 8 – The Law of Ethics
Lessons 8.1 How Law and Ethics Interrelate

·         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

Objectives
  • 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.

 

Chapter 9 – Torts
Lessons 9.1 What Is a Tort?

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

Objectives
  • 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.

 

Chapter 10 – Family Law
Lessons 10.1 Marriage and Annulment

·         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

Objectives
  • 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.

 

Chapter 11 – Estates and Probate
Lessons 11.1 What Is Probate and Estate Law?

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

Objectives
  • 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.

 

Chapter 13 – The Law of Contracts
Lessons 13.1 Elements of a Valid Contract

·         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

Objectives
  • 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.

 

Chapter 14 – The Law of Business
Lessons 14.1 Agency

·         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

Objectives
  • 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.

 

Chapter 15 – Criminal Law
Lessons 15.1 Definitions and Categories of Crime

·         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

Objectives
  • 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.

 

Chapter 15 – Criminal Law
Lessons 15.1 Definitions and Categories of Crime

·         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

Objectives
  • 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.

 

Chapter 16 – Criminal Procedure
Lessons 16.1 Criminal Procedure and the Constitution

·         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

Objectives
  • 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.

ACE Introduction to Law (3 Semester Credits)