Summer 2006
POLS 317 Judicial Process
The judicial
process presents us with an interesting puzzle. Narrowly conceived, it is a set
of specific procedures, specialized personnel, and institutional arrangements with
the goal of adjudicating cases filed in courts. A broader view suggests that
there are no clear signs to mark the outer edges of the judicial process, as a
constant struggle occurs to decide what is and what is not an issue for
litigation. Are some things off limits? To what extent should the judicial
process be a part of our every-day lives? We are also concerned with the issue
of justice in the law. Should law include the concept of justice at all? Is law simply the struggle over different
moral claims, values, and beliefs? Can we agree on a common ideal of justice?
Along these lines we’ll ask what does it mean to think like a lawyer or a
judge? Is it any different from the way you or I or anybody else thinks?
T TH 8:00 – 10:45 GH 342
Instructor: Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Office Hours: By
appointment: talk to me before or after class or send me an e-mail and we’ll
set something up.
Required Texts:
Haltom,
William and Michael McCann, Distorting
the Law: Politics, Media, and the Litigation Crisis (
Keck,
Thomas M., The Most
Activist Supreme Court in History: The Road to Modern Judicial Conservatism
(
In-Class Films:
The Paper Chase (1973). You have to choose between the girl you
love and the diploma you've worked for all your life. You have 30 seconds.
Directed by James L. Bridges. Starring Timothy Bottoms, Lindsay Wagner, and
John Houseman (Academy Award Winner—Best Supporting Actor). 111 minutes.
Twelve Angry Men (1957).
Life Is In Their Hands -- Death Is On Their Minds!
Directed by Sidney Lumet (Academy Award Nomination—Best Director; Best
Picture). Starring Henry Fonda. 96 minutes.
A Civil Action (1998). Justice has its price. Directed by Steven
Zaillian. Starring John Travolta and Robert Duvall (Academy Award
Nomination—Best Supporting Actor). 115 minutes.
The Supreme Court Visitor’s Film (2001). Brief documentary on the functioning of the
Court, including interviews and discussion with the final
Real Justice,
Parts I & II (2000). A riveting PBS Frontline documentary about the American criminal
justice system. We are treated to virtually total access of all elements of the
process. Thanks to wireless microphones worn by lawyers, police officers, and
judges, we can hear them discussing the details of various cases, consulting
with victims and witnesses, counseling and educating clients and, not least,
cutting deals. Part I: 90 minutes.
Part II: 60 minutes.
Course Requirements:
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Attendance All students are required to attend each class and legibly sign the attendance sheet that will passed around each day. It is your responsibility to sign this sheet. |
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On-Line
Participation Each student
is required to go on-line each week through Blackboard, read the messages
posted to the discussion board, and post at least one (and not more than two)
messages of your own about that week’s course material and/or current events
that relate to the course such as developments at the U.S. Supreme Court.
Toward that end, you may want to regularly consult the following blogs: www.scotusblog.com and underneaththeirrobes.blogs.com |
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Mid-Term
Exam There will be
one midterm exam. It will be an objective test consisting of multiple choice
and true/false questions about the lectures, films, and readings. There will
be 25 questions and you will have 30 minutes maximum to complete the exam
once you start. It will be available through Blackboard for a 24-hour period.
Make sure you use a reliable computer to take the mid-term. I suggest using a
computer on-campus. The mid-term cannot be made up under any circumstances. |
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Moot Court Oral
Argument Exercise We will hold simulated
Supreme Court oral arguments for one case toward the end of the semester.
Well before the moot court, I will ask each of you to choose to be either a
justice or an attorney. Everyone is required to participate by choosing to
play an attorney for the petitioner, attorney for the respondent, or a
particular Supreme Court justice. For each case there will be 2 attorneys,
one for each side, and up to nine justices. The moot court paper will be
based on your role. If you play a justice, you are to write an opinion
deciding the case the way that “your justice” would decide it. If you are an
attorney, your paper will be in the form of a legal argument as to why your
position is correct and your opponent’s argument is incorrect. Failure to
attend your scheduled oral argument will result in a failing grade for the
assignment. No exceptions. Attorneys: The responsibilities
of the attorneys will be to prepare an oral argument. Each attorney should
come to the oral argument with a detailed brief (3-5 pages) of the argument
he or she wishes to make. The brief must consist of a discussion of each of
the precedents we discuss in class. Begin with an introduction stating your
argument. Then go through each precedent. You should state what the Court
said in the past case and explain how it is relevant to your position on the
current case. Majority opinions are most important, but concurrences and
dissents from past cases may also be helpful to your argument. Address every
opinion that we read and discuss in class. Your conclusion reiterates the
argument you made in the body of your brief. Hand in a copy of your brief to
the instructor at the start of class. Justices: The
responsibility of the justices is to identify the key questions that the
justice they are “playing” would be most concerned about. Each justice should
prepare a "bench memo" of 4-5 pages outlining what the justice
thinks the key issues and the questions the justice will want the attorneys
to address. Each justice must ask at least two questions during the oral
argument. Each justice will hand in a copy of their bench memo to the
instructor at the start of class just before oral argument begins. Bench Memo: This 4-5
page paper outlines the key issues in the case and the questions they raise.
You are writing it as if you were the justice you are portraying. The memo
should be structured with an introduction, body, and conclusion. The
introduction should identify the key issues and questions they raise. The
body should be a discussion of the precedents we read and discussed in class.
Go over each case: what was the Court’s holding? What was the reasoning of
the majority? When applying that reasoning to the current case, what
questions are raised? You may also want to provide your own answer (that is
as the justice you are playing) to these questions – in essence a preliminary
determination of the case. Focus on majority opinions, but also address the
concurrences and dissents we read and discussed in class. The conclusion
should reiterate the key issues, the questions they raise, and possibly your
initial resolution to the dispute. Bring a copy of your bench memo to hand in
to the instructor at the start of class. Oral Argument
Questions: Each justice must ask at least 2 questions during oral argument.
You should already have these questions (and more) in your bench memo. Listen
to the oral argument carefully and make sure your question comes at an
appropriate time in the argument. To listen to how this works in the U.S.
Supreme Court, hear oral arguments at www.oyez.org Procedure: Each
attorney will have up to, but not more than 30 minutes to present his/her
argument. The Chief Justice is in charge of oral argument and will keep the
time. At the start, the Chief announces, “We will now hear arguments in (name
of the case). We will hear from counsel for the petitioners.” The petitioner
is always the name listed first on the case. For example, in Roe v. Wade, the
petitioner (the person bringing the case to the Court) is Roe. The attorneys
always begin the argument by stating “Mr./Madam Chief Justice and may it
please the Court . . .” Toward the end of the argument, the attorneys may
choose to save some of their time for rebuttal, by announcing “I would like
to reserve the balance of my time.” After hearing from the petitioners, the
Chief Justice will announce, “We will now hear from the respondents” giving
them 30 minutes total as well. The respondents may also reserve the balance
of their time for rebuttal if they choose. After the argument concludes, the
Chief announces, “The case is submitted.” For the oral argument, attorneys
should not simply read from their outlines. The justices will constantly
interrupt to ask questions; justices should take care to allow the other
justices to finish asking their questions and the attorneys to respond for
asking their own questions. In short, be respectful of others. The oral arguments will
be presented in several separate sessions toward the end of the semester. You
are only required to attend the session you are assigned to. However, you may
also attend other sessions and observe if you choose. Grading of the oral argument exercise will be based on the combination of the oral presentation/questioning and the memo/brief prepared. For justices, the grade will be based primarily on the bench memo. Justices will want to discuss each required precedent and how it relates to the current case. In this sense, the bench memo is like a preliminary opinion. For example, if you are “playing” Justice Sandra Day O’Connor, you would write the bench memo as if you were her analyzing and possibly tentatively resolving the case. Explain how past cases/opinions give rise to questions and, if you choose, help you tentatively resolve the current case. Each justice must also ask two questions. Failure to do this will negatively affect your moot court grade. For lawyers the grade will be based primarily on the oral presentation. Lawyers should focus on how past cases apply to the current case. Attorneys should realize that they will be answering questions more than giving a speech. |
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Field
Observation & Report An important part of learning is
experience. In this course you are required to participate (attend, observe,
and possibly interact in) at least one aspect of the judicial process. It is your responsibility
to arrange this. Past students have observed court proceedings, visited law
firms and spent the day with an attorney, done ride-alongs with police
officers, and visited jails. There are other opportunities as well. You many
NOT use your own personal involvement with the legal process—for example if
you are pulled over for speeding, cited for underage drinking, or indicted
for running a money-laundering operation in the Caymen Islands—for this
assignment. If you are unsure whether your field observation will be
acceptable, please discuss it with me first. The field report must
address four topics: 1)
a
personality you observed (a particularly charismatic or intriguing person)
noting the leadership skills, rhetoric, and emotion, if any that are exhibited;
2)
the process
(what procedure took place in public, and even behind the scenes); 3)
how justice
was either further or inhibited (possibly both) by what you observed; 4)
and a
discussion of how what you observed relates to the course material (lecture,
readings, films, etc.) “A” papers cover all four topics
well. “B” papers cover three of the four topics. “C” papers cover two of the
four topics. This write-up should be 3-4 pages long (typed double-spaced).
You will also briefly report to the class on your findings at the end of the
semester. All papers are due on the first day of in-class discussion of the
field reports. Check the syllabus for the due date. |
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Final
Exam The exam will cover the course material
that was assigned since the mid-term and will be on-line through Blackboard
following the same format as the mid-term exam. |
Grading System:
Final
grades will be determined by the following scale:
90-100 = A
80-89 = B
70-79 = C
60-69 = D
0-59 = F
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... |
% of Total Grade |
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Attendance |
15% |
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On-Line
Participation |
10% |
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Mid-Term
Exam |
15% |
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Moot Court
Oral Argument Exercise |
20% |
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Field
Observation & Report |
20% |
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Final Exam |
20% |
|
Total= |
100% |
1. Extracurricular
Activities - It is your responsibility to notify me in advance of any
activities that will disrupt your attendance. If your activities make it
impossible for you to attend classes each week, you should consider withdrawing
from the course. Material is covered in class that cannot be found in the
course readings.
2. Late Work -
Anything turned in late will be marked down one-third grade for every day it is
overdue. Exceptions are made only in the most extraordinary circumstances and I
will require some sort of documentation to make any accommodation.
3. Cheating
and Plagiarism - Students cheating and plagiarizing will fail the assignment on
which they have committed the infraction and will be referred to the
appropriate judicial board for disciplinary action. The submission of any work
by a student is taken as guarantee that the thoughts and expressions in it are
the student's own except when properly credited to another. Violations of this
principle include giving or receiving aid in an exam or where otherwise
prohibited, fraud, plagiarism, or any other deceptive act in connection with
academic work. Plagiarism is the representation of another's words, ideas,
opinions, or other products of work as one's own, either overtly or by failing
to attribute them to their true source.
4.
Undergraduate Writing Awards - The Department of Political Science will
recognize, on an annual basis, outstanding undergraduate papers written in
conjunction with 300-400 level political science courses or directed studies.
Authors do not have to be political science majors or have a particular class
standing. Winners are expected to attend the Department's spring graduation
ceremony where they will receive a certificate and $50.00. Papers, which can be
submitted by students or faculty, must be supplied in triplicate to a
department secretary by the end of February. All copies should have two cover
pages - one with the student's name and one without the student's name. Only
papers written in the previous calendar can be considered for the award.
However, papers completed in the current spring semester are eligible for the
following year's competition even if the student has graduated.
5. Statement
Concerning Students with Disabilities - Under Section 504 of the Rehabilitation
Act of 1973, NIU is committed to making reasonable accommodations for persons
with documented disabilities. Those students with disabilities that may have
some impact on their coursework and for which they may require accommodations
should notify the Center for Access-Ability Resources (CAAR) on the fourth
floor of the
6. Department
of Political Science Web Site - Undergraduates are strongly encouraged to
consult the Department of Political Science web site on a regular basis. This
up-to-date, central source of information will assist students in contacting
faculty and staff, reviewing course requirements and syllabi, exploring
graduate study, researching career options, tracking department events, and
accessing important details related to undergraduate programs and activities.
To reach the site, go to http://polisci.niu.edu.
Week
1
T Jun 20 Lecture 01:Introduction, syllabus review, using Blackboard: see
http://www.helpdesk.niu.edu/its/helpdesk/blackboard_support.shtml;
Lecture 02: Courts, Politics, and Justice.
TH Jun
22 Lecture
03: The Legal Profession:
Week
2
T Jun 27 Lecture 05: The Organization of Courts;
TH Jun
29 Lecture
06: Choosing Judges I – State Courts and Lower Federal Courts; Lecture 07:
Choosing Judges II – The Supremes;
Recommended Reading List: Recommended Reading List: John Jay Osborn, The
Paper Chase (Boston: Houghton Mifflin, 1971); Scott Turow, One L
(New York: Putnam, 1977); Lawrence Dieker, Letters from Law School: The Life
of a Second Year Law Student (Lincoln, NE: Writers Club Press, 2000);
Anthony Lewis, Gideon’s Trumpet; Gerald Stern, The Buffalo Creek
Disaster.
Week
3
T Jul 4 Independence Day. No class.
TH Jul
6
Lecture 08: Civil Procedure.
Recommended Reading List:
Week
4
T Jul 11 Lecture 09: Criminal Procedure;
TH Jul
13 Lecture
09: Criminal Procedure (cont.); Lecture 10: Trials & Appeals.
Mid-term exam will be available
on-line for a 24-hour period starting at the end of class.
Week
5
T Jul 18 Lecture 11: Appeals;
TH Jul 20 Lecture 12: Judicial Decision Making; Reading &
Discussion: Loving v.
Week
6
T Jul 25
TH Jul 27
Week
7
T Aug 1 Moot Court Exercise Group #1 8am-9:15am: 30 min. each side (60
min. total); 15 min. for judges to deliberate and vote. Group #2
9:30am-10:45am: 30 min. each side (60 min. total); 15 min. for judges to
deliberate and vote. All Moot Court
papers are due today for Groups #1 and #2.
TH Aug 3
Moot
Court Exercise Group #3 8am-9:15am: 30 min. each side (60 min. total); 15 min.
for judges to deliberate and vote. Group #4 9:30am-10:45am: 30 min. each side
(60 min. total); 15 min. for judges to deliberate and vote. All Moot Court papers are due today for
Groups #3 and #4.
Week
8
T Aug 8 Field Report Discussion: Police & Jails – If you
observed/participated in policing or corrections, be prepared to discuss your
experience in class. Film: Real Justice (Part I). All Field Report
papers are due today.
TH Aug
10 Field
Report Discussion: Attorneys, Courts & Judges -- – If you
observed/participated in the work of attorneys, the court system, and/or the
judging process, be prepared to discuss your experience in class. We will also
hear from those who have yet to share their experiences. Film: Real Justice (Part II).
Final
exam
will be available on-line for a 24-hour period starting at the end of class