Law 101-Introduction to Legal Reasoning

Transcription

1 Law 101-Introduction to Legal Reasoning Spring 2014 Course Objective: This course aims to develop the cognitive, critical reasoning, analytical and legal discourse skills of students by exposing students to well-reasoned case law and judgments in a wide-ranging set of diverse disciplines, utilizing the Socratic mode of dialogue. The Socratic Method of teaching will be employed as a way to enable students to acquire the following skills: identifying relevant facts and distinguishing from those less relevant; spotting the major issues in a legal dispute; how to apply the law to the facts; how to undertake logical reasoning; improving analytical abilities; and learning how to make an oral argument and advocate orally. The course introduces the students to landmark US, European, international law and Pakistani cases, discussing their reasoning in depth. Grading: Class Participation 20 % Midterm 30 % Final Exam 50% Syllabus: Please note that Course Packet #1: Please note that Course Packet #1 only includes reading material for the first few classes of this course. The readings are from two different volumes and both are included in the packet, though the readings in the packet may not be in the order they are assigned. Session 1: Introduction Introduction of Professor, TAs and students. Overview of the course and syllabus review. Seat sign-up. Session 2-4: How to Brief a Case In-class exercise on how to identify case facts, spot the issue, determine the reasoning and the holding in a case.

2 Learning outcome: Students should be able to brief a case. 1) Introduction to Law and Legal Reasoning by Thomas C. Fischer, Richard F. Zehnle. read pp. 1-3 and 10-12; and Discussion 1, Use of Force in Defense of Property, read pp Reading in Class: Baltimore & Ohio Railroad Company v. Goodman, 275 U.S. 66 Session 5-8: What is Legal Reasoning? Learning outcome: An introduction to the logic of the law in the fields of law, statutory construction and constitutional interpretation. Students should be able to differentiate between common law and statutory law, and recognize different kinds of legal reasoning. 1) Introduction to Law and Legal reasoning by Thomas C. Fischer, Richard F. Zehnle. Discussion 2, Use of Force in Self-Defense, read pp Part II: Constitutional Law: Learning Outcomes: Students should be able to understand how critical decisions regarding fundamental rights can be and what factors help the judges to make a decision. Also students will have learnt how law develops and how it adapts to social change. Session 9-11: Fundamental rights: (Right to Life, Right to Privacy) Roe v. Wade (Abortion), pp , Fischer & Zehnle. Plaintiffs, a pregnant single woman and a married couple, and intervenor physician sued defendant district attorney challenging the constitutionality of Texas abortion laws, and sought an injunction.

3 Session 12-13: Right to Die/Euthanasia Cruzan v. Dir., Mo. Dep't of Health, 497 U.S. 261 (1990) Petitioners, parents suing on their behalf and on behalf of their daughter, appealed a decision of the Supreme Court of Missouri which denied their petition for a court order directing the withdrawal of life-support for their daughter. Session 14-15: Right to Life/Capital Punishment Roper v. Simmons, 543 U.S. 551 (2005) Respondent juvenile committed murder at the age of 17. He was tried and sentenced to death. He filed a petition for state postconviction relief, arguing that the reasoning forbidding the execution of mentally retarded juveniles applied to his case as well. Session 16-18: Religious Discrimination Zaheeruddin v. State of Pakistan, 1993 S C M R 1718 A case challenging the arrest of three Ahmedis for using Islamic terminology and epithets; and a municipal order preventing the Ahmedi community from publicly celebrating their centenary. Session 19-21: Blasphemy, Free Speech and Religious Discrimination REGINA v CHIEF METROPOLITAN STIPENDIARY, [1991] 1 QB 429 A Muslim lawyer invokes the blasphemy law applicable in the UK and seeks to have it extended to protect the Muslim faith from blasphemy. Session 22-23: Religious Symbols and Attire

4 Dogru v. France, and Kevanci v. France Cases brought before the European Court of Human Rights of 12-year-old Muslim girls expelled in 1999 from their schools for covering their head during phys-ed class. Lautsi v. Italy A case brought before the European Court of Human Rights, challenging the requirement in Italian law that crucifixes be displayed in classrooms of state schools. Session 24: Environmental Law Cutting of Trees for Canal Widening Project Lahore Case, Suo Moto Case no. 25 of The Court considers whether the Punjab Government s plan to widen the road along the canal in Lahore has merit and whether it should be permissible. Session 25-26: Gender Discrimination 518 U.S. 515 U.S. v. Commonwealth of Virginia (Virginia Military Institute) Appeal by United States from judgment of the United States Court of Appeals for the Fourth Circuit holding for Virginia in suit challenging policy denying women admission to publicly funded university. Session 27-28: Right to Privacy/Equal Protection Lawrence v. Texas 539 U.S. 558 (2003) On a writ of certiorari, petitioners appealed a decision of the Court of Appeals of Texas, Fourteenth District, upholding state law that made it a

5 crime for two persons of the same sex to engage in certain intimate conduct.