Anaya Nolan
The first-year curriculum in law school is the foundation of your legal education. In your first year, you will take a range of courses that will provide you with the essential knowledge and skills needed for subsequent legal study. These courses may include Constitutional Law (Con Law), which covers judicial review, the role of the Supreme Court, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. You will also likely take Criminal Law, which explores complex questions such as criminal liability and intent. Civil Procedure (Civ Pro) is another core class, teaching the basics of filing a lawsuit in federal court and federal court powers. You will also delve into Contracts, studying the formation and breach of contracts, and Torts, which covers civil wrongs such as battery, assault, and trespass.
| Characteristics | Values |
|---|---|
| Number of semesters | 1 or 2 |
| Course content | How a lawsuit is filed in federal court, when federal courts have the power to hear a case, where to file a lawsuit, etc. |
| Torts | False imprisonment, trespass (to land), trespass (to chattel or personal property), emotional distress, conversion, assault, and battery |
| Contracts | When a valid contract is formed and what happens if one is breached |
| Constitutional Law (Con Law) | Judicial review, the role of the Supreme Court, congressional power and federalism, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment |
| Legal Research and Writing | Basics of researching, writing a memo and a brief, and possibly presenting an oral argument |
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What You'll Learn
- Criminal Law: Examining crimes, criminal liability, and complex exam questions
- Civil Procedure: Basics of lawsuits, federal courts, and their powers
- Contracts: Dealmaking, contract formation, and breach of contract
- Torts: Understanding claims like battery, assault, and negligence
- Constitutional Law: Judicial review, Supreme Court, and Due Process
Criminal Law: Examining crimes, criminal liability, and complex exam questions
Criminal law is a system of laws that deals with crimes and the punishment of individuals who commit them. It is distinct from civil law, which involves disputes between two parties. Criminal law, on the other hand, involves the government deciding whether to punish an individual for an act or omission that violates the law. Criminal law defines criminal offences, outlines the process of apprehending, charging, and trying suspected individuals, and determines the penalties and treatment for convicted offenders.
Criminal liability is a key concept in criminal law, referring to the legal responsibility of an individual who has committed a criminal act. Criminal liability requires both an actus reus, or "guilty act," and a mens rea, or "guilty mind." Actus reus pertains to the physical aspects of a crime, such as actions or omissions, while mens rea refers to the mental element of criminal intent. Criminal liability can vary depending on jurisdiction and the type of crime, with different types of crimes carrying different levels of punishment, from misdemeanours to felonies.
Criminal liability also acknowledges situations where individuals, despite committing a criminal act, should not be held accountable due to factors such as mental incapacity or minority. In such cases, individuals may be responsible for their actions but lack the necessary criminal intent to be legally liable. Additionally, individuals can use force to protect themselves from immediate physical harm, as long as the force is proportionate to the threat.
When examining crimes and criminal liability, it is important to consider the different categories of crimes, which can include felonies, misdemeanours, inchoate offences, and strict liability offences. The specific definitions of these categories may vary depending on the jurisdiction. For example, common law recognised nine major felonies, including murder, robbery, and manslaughter, while the U.S. Code includes a broader range of criminalised conduct.
To prepare for exams in criminal law, it is essential to study and understand the key concepts, principles, and categories of crimes. Additionally, practising with complex exam questions can help deepen your understanding and critical thinking skills. For example, consider the following complex question:
"In a jurisdiction where common law recognises the nine major felonies, including murder, discuss the potential criminal liability of an individual who aided a murderer by providing a false alibi, knowing the individual's guilt. Explore the actus reus and mens rea elements required for an accessory after the fact to be found guilty of a separate crime."
To answer this question effectively, you would need to demonstrate your knowledge of criminal law principles, including the definitions of key terms, the differences between accessories and accomplices, and the actus reus and mens rea requirements for establishing criminal liability.
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Civil Procedure: Basics of lawsuits, federal courts, and their powers
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. A lawsuit may involve the resolution of disputes involving issues of private law between individuals, business entities, or non-profit organizations. It may also involve issues of public law, where the state is treated as a private party in a civil case.
Civil procedure governs the conduct of a lawsuit in the common law adversarial system of dispute resolution. The rules of civil procedure arise from statutory law, case law, and constitutional provisions, especially the right to due process. These rules dictate the timing and progression of a lawsuit, and litigants are responsible for complying with them to achieve their desired results. Failure to do so can result in serious limitations on the ability to present claims or defenses at trial or even lead to the dismissal of the lawsuit.
Federal courts play a crucial role in the civil justice system. They have jurisdiction over cases involving federal laws, and their judges are appointed by the President and confirmed by the Senate. Federal courts encourage the use of alternative dispute resolution, such as mediation and arbitration, to resolve disputes without the need for a trial. In federal civil cases, a plaintiff files a complaint with the court and serves a copy on the defendant, describing their damages or injury and the jurisdiction of the court. Federal courts have specific procedures for discovery, where litigants exchange information and assemble evidence, and motions, where parties seek rulings on evidence and trial procedures.
The powers of federal courts extend beyond trial proceedings. They have the authority to decide the constitutionality of federal laws and resolve cases involving federal legislation. Federal courts also include bankruptcy courts, which help individuals and businesses unable to pay their debts get a fresh start. Additionally, specific federal courts, such as the United States Court of Appeals for Veterans Claims and the United States Court of Federal Claims, handle appeals and claims against the federal government, respectively.
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$169.95
Contracts: Dealmaking, contract formation, and breach of contract
Contracts are an essential part of the law school curriculum, and students can expect to dedicate one or two full semesters to this subject. The course centres on the art of dealmaking, contract formation, and the implications of a breach of contract.
Contractual relationships are complex, and the study of contracts involves examining past court cases to understand the conditions and obligations that contracts represent. Students will learn about the various stages of civil litigation in the trial court, including pleading, discovery, summary judgment, jury trial, and motions for judgment. They will also explore the constitutional limits on territorial jurisdiction and the federal subject-matter jurisdiction, gaining insight into when federal courts have the authority to hear a case.
The Contracts course delves into the intricacies of contract formation. Students will learn about the elements required for a valid contract, including offer, acceptance, consideration, and mutual assent. They will analyse case studies to determine if a contract has been formed and understand the consequences of a breach. This includes exploring the legal remedies available to the aggrieved party and the process of enforcing those remedies.
Additionally, the course will likely cover contract performance, remedies, and termination. Students will learn about the different types of contracts, such as unilateral and bilateral contracts, and the obligations of each party. They will also discuss the performance expectations and the legal options available if one party fails to fulfil their contractual obligations. This includes understanding the concept of anticipatory breach and the remedies available to the non-breaching party.
The Contracts class is an engaging and nuanced part of the law school curriculum, providing students with a strong foundation in dealmaking and contract law. By studying real-world examples and analysing court cases, students gain practical knowledge and skills that will be invaluable in their future legal careers.
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Torts: Understanding claims like battery, assault, and negligence
Torts is a class that most law students take in their first year and is considered one of the more enjoyable courses. A tort is a civil wrong, a harmful act for which someone might be held legally responsible under civil law.
The primary actionable torts in the United States can be remembered with the acronym FITTED CAB, which stands for False Imprisonment, Trespass (to land), Trespass (to chattel, or personal property), Emotional Distress, Conversion, Assault, and Battery.
Battery is any intentional and unpermitted contact by one person with items connected to another person, including the other person's body. This is a strict liability offence, meaning that the defendant's intentions or mental state are irrelevant. Assault, on the other hand, is the threat or action of bodily harm by one person to another, requiring proof of intention and apprehension.
Negligence is another tort, where the defendant failed to take proper care in their actions, thus causing injury to the plaintiff. This is often a breach of a duty of care, such as in a doctor-patient relationship. To prove negligence, the plaintiff must show that the defendant owed them a duty of care, that this duty was breached, that the breach caused the plaintiff's injury, and that the injury led to actual damages.
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Constitutional Law: Judicial review, Supreme Court, and Due Process
Constitutional Law is one of the classes that students take in their first year of law school, usually for two semesters. This class is considered by most practising attorneys to be the most useful class in law school. In this class, students learn about judicial review, the Supreme Court, and due process.
Judicial Review
Judicial review is the process by which claimants seek legal redress when other avenues, such as the First-tier Tribunal, have been exhausted. Judicial review proceedings are limited to questions of law and the power of the court in such proceedings is to quash the challenged decision and find it invalid. Judicial review cases may involve appeals from decisions by public bodies, and in certain instances, they may extend to the facts of the case. The Senior Courts Act 1981 is the primary legal instrument that governs judicial review.
Supreme Court
The Supreme Court is the highest court in the land, and cases that are decided by the Supreme Court must go through a particular series of stages, each involving specific pleadings or actions on the part of the litigants and the Court. The Supreme Court has original jurisdiction over certain claims as governed by Article III, Section 2 of the United States Constitution and Title 28 of the United States Code, section 1251. Most original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. Litigants file a "petition for writ of certiorari" to ask the Court to hear their case, and if the Court agrees, the case proceeds to oral arguments.
Due Process
Due process refers to the fair procedures that must be provided by the state before depriving an individual of "life, liberty, or property". Due process does not govern how rules are set, but it does govern how those rules are applied to individuals. For example, in the context of student discipline, due process does not govern how a state sets the rules for student discipline, but it does govern how the state applies those rules to individual students. The interpretation of due process has evolved over the years, reflecting the changing nature of the relationship between individuals and the government.
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Frequently asked questions
You will take a range of courses, including Civil Procedure (Civ Pro), Contracts, Torts, and Constitutional Law (Con Law). You will also take courses in Legal Research and Writing.
Civil Procedure is a course that covers the basics of filing a lawsuit in federal court, including when federal courts have the power to hear a case and where to file a lawsuit.
Contracts is a course that covers the art of deal-making. You will learn when a valid contract is formed and what happens if one is breached, among other topics.
Torts is a course that covers harmful acts for which someone might be held legally responsible under civil law. Examples include battery, assault, trespass, and negligence.
Constitutional Law provides an introduction to judicial review, the role of the Supreme Court, congressional power, and federalism. You will also learn about the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
