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Preface
Some Thoughts on the Study of Law
Advanced Legal Research
Civil Procedure and Administrative Law
Clinical Law
Commercial & Real Estate Law
Constitutional Law
Criminal Law and Procedure
Disability Law
Environmental Law
Estates and Trusts Law
Health Care Law
Intellectual Property
International Law
Perspectives Courses
Property
Tax and Business Law
Torts
Index |
CIVIL PROCEDURE AND ADMINISTRATIVE LAW
The civil procedure field introduces students to the principles, law, techniques, process, and contextual understanding which enable lawyers to know, and to advise clients, about whether to sue, where to sue, what jurisdiction's law might apply to the fact situation, procedural defenses, how a lawsuit proceeds, appeal, alternatives to suit, the settlement of disputes, and the effectiveness of judgments.
The closely related field of administrative law presents the principles, processes, and procedural rules used in the most important non-common-law portion of the law. It focuses on the tools - principally rulemaking and adjudication - and procedural devices that legislatures and courts have developed to shape and control the vast power which has been placed in the hands of the agencies and departments of the executive branch.
The basic courses in these areas are sufficiently important that they are either required, like first-year Civil Procedure (Law 608), or are offered at least once during each academic year: Federal Jurisdiction (often offered each semester); Conflict of Laws (usually offered in the spring and summer terms); and, soon, Administrative Law.
Fundamental Courses
Civil Procedure (Law 608). 4 hours. A required first-year course.
Evidence (Law 642). 3 hours, offered fall and spring. A required second-year course.
Federal Jurisdiction (Law 670). 3 hours, usually offered fall and spring. This course introduces the student to the federal court system and deals in particular with federal subject-matter jurisdiction, habeas corpus, the law applied in federal courts, and the issue of access to federal courts by studying the Constitutional, statutory, and case law about jurisdiction and venue.
Conflict of Laws (Law 667). 3 hours, usually offered spring and summer. This course deals with the difficult task of investigating what substantive law applies, when, thanks to the fact situation, the law of more than one jurisdiction might apply. The topic of jurisdiction over the person is considered, although most of the course is concerned with choice-of-law problems. In a federal system such as ours, with modern mobility, such questions arise in an increasing number of litigable situations.
Administrative Law (Law 683). 3 hours. Administrative Law is the "Civil Procedure" of government administration. Focusing primarily upon federal law and federal agencies, the course introduces students to the processes of law making and law application by the administrative agencies of the executive branch - and their control by the federal courts, Congress, and the President. The course covers the basic tools used by agencies - rulemaking and adjudication - as well as the procedural and substantive rules which limit and guide the use of these tools. Special attention is given to the scope of judicial review, access to judicial review, the separation of powers, due process, and freedom of information.
Advanced and Specialized Courses
Advanced Civil Procedure (Law 653). 3 hours. This course takes students in depth through problems studied more lightly in the introductory course and requires students to draft and argue motions on subjects such as venue, discovery, and res judicata.
Problems in Civil Procedure (Law 636). 2 or 3 hours. This course focuses on some problems not reached, and others not studied in depth, in the introductory course. Some drafting is required.
Admiralty (Law 687). 3 hours. Consideration is given to the development of admiralty and maritime jurisdiction in the federal courts; to the need for substantive rules peculiar to maritime commerce and for specialized courts to interpret and apply them; and to the rights of injured maritime workers, marine insurance, collision, maritime liens, salvage, general average, and limitation of liability.
Advanced Evidence (Law 637). 2 or 3 hours. This course, dealing largely with evidence at trial, is more practical than theoretical. Students are expected to apply general concepts of evidence to the resolution of actual trial problems. A premium is placed on the development of the student's ability to articulate multiple grounds for both making and meeting objections to evidence.
Alternative Dispute Resolution (Law 705). 2 or 3 hours. This course surveys alternatives to trial, including negotiation, mediation, and arbitration.
Class Actions (Law 762). 2 hours. An examination of the principles governing the filing, maintenance, and disposition of class actions in the federal and state systems. The law controlling class certification, class-action settlements, judgments in class actions, and priority in multiple class-action settings is explored. Offered in the spring semester.
Complex Litigation (Law 668). 2 or 3 hours. In this nuts and bolts course students will also learn how the federal rules, particularly in the complex litigation area, can become instruments of policy. Topics include class actions and multi-district litigation. Offered in the fall semester.
Damages (Law 669). 2 or 3 hours. A study of the damages principles in contract, tort, and property claims. It also compares legal damages to equitable relief and explores procedural aspects of damages and equitable relief.
Equitable and Extraordinary Remedies (Law 701). 2 or 3 hours. Equitable remedies, such as injunctive relief, and other basic principles of equity are surveyed. The course demonstrates how the rules of equity may be applied to other areas of substantive law, such as tort, contract, and property.
Immigration Law and Policy (Law 655) 3 hours. U.S. law regarding immigration and nationality, as well as the underlying policy, are discussed with reference to current developments and trends. International issues concerning population movement and refugees are also examined. Usually offered in the fall semester.
Legal Counseling and Interviewing (Law 708). 2 hours. There is little doubt that the successful practice of law requires the use of sound and effective interpersonal communication skills. This course focuses on the interpersonal relationships between attorney and client, attorney and witness, and attorney and opposing counsel. The class objective is to help the student develop effective interpersonal communication skills, which include the students learning and developing their own styles of communication. In addition to classroom lecture, visiting lawyers from around the state present practical pointers to students concerning effective communication strategies with clients, witnesses, and opposing counsel.
Legislation (Law 693). 2 or 3 hours. This course studies the legal problems that arise in connection with the formulation, enactment, and application of written law. Statutory construction and the role of written law in a legal system are considered. The course is designed to develop competence for professional service in any phase of the written law process and to supply an appreciation of the way in which written law works.
Mediation (Law 779). 2 or 3 hours. This course identifies how mediation fits within the existing dispute resolution process; it analyzes the component parts of mediation and analyzes the mutuality of negotiations, as well as analyzing the strategies and hurdles of two-party and multiparty mediations. The course will include a once-a-week lecture, two observations of real cases, and performance of a mock mediation. Each student will be required to prepare a position statement based upon the guidelines developed in the course. There will be two textbooks for this course, one dealing with the art of negotiation and the other dealing with the mediation process itself.
Negotiations (Law 621). 2 or 3 hours. All lawyers need to understand the principles and process involved in negotiation. This course, involving some written exercises and some simulation, demonstrates various aspects of negotiation theory and practice.
Trial Advocacy I (Law 663). 3 hours. This course provides a general overview of litigation topics including discovery, pretrial, and trial issues through lecture, simulation, and practical exercises in both civil and criminal instances.
Corequisite or Prerequisite:
Evidence. Offered each semester.
Trial Advocacy II (Law 664). 3 hours. Advanced litigation skills are developed through the preparation for and trial of two civil or criminal mock cases, through the conduct of small-group exercises designed to develop particular skills, and (perhaps) attendance at an actual trial. Offered each semester.
Closely-Related Courses
In the procedure area, closely-related courses include Civil Rights Legislation (Law 726), Alabama Appellate Advocacy (Law 700), and Federal Jurisdiction Seminar (Law 698). In the administrative law area, closely-related courses include Banking Law (Law 724), Oil and Gas Law (Law 622), Natural Resources Law (Law 680), Antitrust Law (Law 684), Water Law (Law 690), Regulated Industries (Law 691), Environmental Law I and II (Law 702 & 771), Energy Law (Law ---), Environmental Law and Policy: Coastal Law (Law 738), Environmental Law Seminar (Law 763), Food and Drug Law (Law 704), and Local Government Finance and Administration (Law 734).
A course that might be added to the curriculum: OSHA Law.
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