California Bar Examination Mandatory Courses

Contracts

This course creates a conceptual framework for understanding jurisdiction and procedural rules through detailed analyses of the Federal Rules of Civil Procedure. Detailed coverage is provided for topics heavily tested on bar exam such as jurisdiction, choice of law, venue, pleadings, discovery, pre-trial motions, trial through judgment, joinder of parties and claims, and finality of judgments. Course covers up to date information on Supreme Court’s transformation of pleading practice in Bell Atlantic and Iqbal, new rulings by the Supreme Court on personal jurisdiction, diversity jurisdiction, Erie doctrine, class actions, and arbitration. Coverage of new developments in scholarship: e-discovery, complex litigation, and alternative dispute resolution is added as well.

CIVIL PROCEDURE

This course will explore the Federal Rules of Evidence. Students will familiarize themselves with character evidence, opinion testimony and experts, hearsay evidence and exceptions from hearsay evidence. Confrontation clause and its constitutional aspects, witnesses and different types of privileges, such as attorney client privilege and spousal privilege will be discussed as well. New materials and cases reflecting developments in privilege and physical evidence, confrontation clause jurisprudence, and technical and jurisprudential developments in scientific proof will provide students with most up-to-date knowledge.

EVIDENCE

The course covers both the investigatory and adjudicatory aspects of criminal procedure law, constitutional criminal procedure law, as well as the close relationship between criminal procedure law and substantive criminal law. Particular attention is placed on issues such as the right of counsel, discovery, plea bargaining, trial by jury, and double jeopardy.

It will also address seizures, interrogations, lineups, and undercover operations, and hence examines the Fourth and Fifth (and, to a limited extent, the Sixth) Amendment rules regulating the police in these endeavors. The latest developments concerning the Confrontation Clause, the continuing evolution of the Crawford doctrine as well as the most recent of the Supreme Court’s line of Apprendi/Blakely/Booker decisions in sentencing will be covered.

This initial course is a critical component of every first year law student’s curriculum. The course will begin with an introduction to Contracts and the evolution of the law. We will discuss how communications amongst individuals create or reject contracts. Students will understand the enforceability of a promise in a court of law. The course will allow students to identify the different types of contracts, the enforceability of oral vs. written contracts, the applicability of the Statute of Fraud and the difference between the Common Law and the applicability of the UCC.

The course will focus on the elements of a contract such as when is there an “offer,” when a contract is considered “accepted,” and the concept of “consideration.” Students will understand the concept of Promissory Estoppel. Further, Students will learn the elements of what constitutes an enforceable contract when there is a breach of the contractual agreement. Students will be exposed to the various defenses that are available when a contractual agreement is breached which include Failure of Performance, Fraud, Mistake, Undue Influence, Durres, Modification, Excuse, Lack of Good Faith, and Impracticability. The course will also focus on the appropriate damages that are available in the instance where there is a breach of contract and the differences between Specific Performance, Punitive Damages, Special Damages, and Injunctive Relief. The course will focus on the Uniform Commercial Code and students will gain an understanding on which contracts are governed by the Uniform Commercial Code and the purposes and policies of the Uniform Commercial Code. Students will gain an understanding of transactions in goods and the different type of payment systems. We will discuss Article 1 of the Uniform Commercial Code and its applicability. We will shift our discussion to Article 2 of the UCC and its applicability. The course will assist students in understanding performance under the UCC. Further, this course will allow students to understand the rights of a seller and a buyer when there is a breach, repudiation, or excuse in the course of dealings. The course will conclude with an analysis of the damages available to the parties under a UCC governed contract.

Torts

The course introduces students to the different types of torts with a focus on the relationships and differences between them. Course will analyze in great detail basic elements of negligence, such as duty of care, breach of that duty, causation, remoteness and recoverable damages. Students will learn the different elements of Intentional Torts, such as voluntary act, intent, causation, harm, and lack of privilege or defense. Students will analyze and compare intentional torts such as Battery, Assault, False Imprisonment, Intentional Infliction of Emiotnal Distress. Students will further be exposed to intentional torts that occur to property such as Trespass, Trespass to Chattels, Conversion. The study of intentional Torts will continue with an analysis of of defenses and privileges to Intentional Torts. These include Privilege, Defense of Others, Defense of Property, Consent, Authority, Necessity and Self-Defense. Students will further study the the topic of Negligence. Thise includes understanding the concept of “Duty” which enforces our modern society’s notion of how one should comport themselves in their daily interactions with others. The course will expose students to the liability faced by land owners and the relationship with the status of the individuals who come onto their land. Specifically, analyzing the that duty that is owed.

We will discuss what consequences there are when a duty is breached, the difference between Actual Cause and Proximate Cause and their correalation. This course will also discuss damages such as Actual Damages, Punitive Damages and defenses to Negligence. We will discuss the difference between Comparative Negligence and Contributory Negligence and explain the multistate nuances. Students will also need to understand the concept of strict liability and applicable defenses, which is covered in this course. The course will continue its focus by examining Products Liability, such as when a defective product injures an appropriate plaintiff. Students will learn to understand the different defects that can exist in a product and the different tests used to determine such defects. Students will also learn the defenses to Products Liability. The course will analyse the different elements of Defamations such as the types of defamation, defenses, damages, constitutional issues and publication. There will be a discussion on other Torts such as Invasion of Privacy, Economic Torts, and miscellaneous concepts in Torts. The course will conclude with a comparative analysis of tort law in foreign jurisdicitons.

Criminal law

Constitutional Law This course identifies substantive issues such as determining the scope of governmental powers, federalism, and the relationship between federal and state powers and constitutional restraints that limit the exercise of governmental power. Students will learn to interpret the Constitution by using tests to determine the limits of power and the extent of rights. Course reviews major new cases: United States Department of Health and Human Services v. State of Florida (constitutionality of the Affordable Care Act); Arizona v. United States (preemption of Arizona’s SB 1070); McDonald v. City of Chicago (application of the Second Amendment to the states); and Citizens United v. Federal Election Commission (First Amendment right of corporations to spend money in elections). Property Law This course features coverage of “old property” (real estate law). With regards to real estate property, course analyzes different types of estates in land and different ways of acquiring title to real property, future interests, and landlord and tenant relationships, real estate issues, restrictive covenants, conditions and restrictions, land planning and easements. Professional Responsibility This course will cover ethics in the practice of law as enacted by the ABA Rules of Professional Conduct as well as California Rules of Professional Conduct. Students will develop a cogent philosophy of lawyering as they master basic concepts and prepare for the MPRE. In addition to that, students will master practice based skills and undergo competency training. Course will cover the most important issues related to practice of law ethics such as conflict of interest, attorney client privilege, attorney discipline and disability, the delivery of legal services, contingent fees. Students will learn how to diligently handle clients matters in professional and timely manner and also how to manage law office. Elective Course Description Administrative Law This course examines the appointment power and removal power as defined in the U.S. Constitution, administrative procedural issues, delegation of adjudicatory power to agencies, substantive statutory checks on agencies, the general law of agency procedures, statutory principles of administrative procedures, rulemaking procedures and regulatory reform. Course provides updated treatment of cost benefit analysis, presidential oversight, freedom of information, standing, agency deference (including the Brand X case), and rulemaking (including provisions of the 2012 Food & Drug Safety and Innovation Act, and the DC Circuit’s TSA body scanners case, EPIC v. US Dept. of Homeland Security). Bankruptcy Law This course provides students with the understanding of both the consumer bankruptcy and business bankruptcy. The course focuses on consumer bankruptcies under Chapter 7, 10, 11, 12 and 13 as well as issues related to discharge ability and involuntary bankruptcy. Course also covers recent Supreme Court bankruptcy cases, including Stern v. Marshall. Environmental Law This course covers numerous substantive areas in environmental law, in the context of constitutional questions of federalism, separation of powers, the Commerce Clause, the Spending Clause, and Takings. Students will analyze additional statutory sources of the environmental law, such as the Clean Air Act, the Clean Water Act and the Endangered Species Act. Course also covers recurring administrative law issues in environmental law and on the topic of environmental enforcement. The EPA’s regulation of greenhouse gas (GHG) emissions under the Clean Air Act as well as California’s statewide GHG cap-and-trade program are discussed. Family Law This course covers the most important issues related to creation and dissolution of marriage in the light of recent Supreme Court decision on marriage. Issues such as termination of marriage, nullity of marriage, property settlements, support obligations, custody and child adoption will be addressed. Students will familiarize with most up to date knowledge on case law on parental alienation/friendly parent provisions, the extension of estoppel principles in parentage decisions, particularly in California and New York; update of states recognizing same-sex partners' parenting rights, update on new statutory regulation of surrogacy including limitations to women with established medical need and international recognition of assisted reproduction. Intellectual Property Law This course focuses on the protection of proprietary rights in inventions, writings, creative expression, software, trade secrets, trade designations, and other intangible intellectual products by federal patent, copyright, trademark and unfair competition law, and by state trade secrecy and unfair competition law. Particular attention will be provided on new Supreme Court cases in patents, such as Myriad on gene patents; and Bowman on inventions that reproduce themselves, like soybean seeds. International Human Rights and Refugee Law This course covers United Nations conventions on refugees as enacted in United States legal system. It also provides recent developments in substantive areas of human rights, including developments in the United Nations and regional systems, as well as in the jurisprudence of national courts. Students will acquire knowledge of asylum law terminology such as refugee, asylee, political asylum, withholding of removal, protected grounds, persecution, firm resettlement, bars to political asylum and revocation of asylum. Immigration Law This course will familiarize students with U.S. immigration laws as enacted by the Immigration and Nationality Act and related regulations. Specific attention will be dedicated to the basic terminology such as admission, inadmissibility and removability, adjustment of status, naturalization, non-immigrant and immigrant visa, preference system. Course will also provide brief overview of the history of U.S. immigration laws. Course covers procedures in immigration enforcement and provides students with up to date knowledge in the light of Supreme Court’s decisions on Presidential executive powers. Labor Law This course will cover relationship between employees and employers in the private sector, as well as organization and representation of employees, legal aspects of strikes, picketing and related activities; and problems of state-federal law relating to labor disputes. Up-to-date information on new developments, in immigration and labor law and cross-border labor law will be provided. Tax Law This course examines the basic substantive provisions of the federal income tax law. Included are the following general topics: gross income, exclusions, deductions, depreciation, basis, tax accounting, and other provisions affecting situations encountered by attorneys in general practice. Course incorporates important administrative developments, including the controversy surrounding IRS scrutiny of political activity by §501(c)(4), social welfare organizations, deductions for losses stemming from the Bernie Madoff Ponzi scheme, and federal recognition of same-sex marriages in the wake of the Supreme Court’s 2013 decision in United States v. Windsor.

The course introduces students to the different types of torts with a focus on the relationships and differences between them. Course will analyze in great detail basic elements of negligence, such as duty of care, breach of that duty, causation, remoteness and recoverable damages. Students will learn the different elements of Intentional Torts, such as voluntary act, intent, causation, harm, and lack of privilege or defense. Students will analyze and compare intentional torts such as Battery, Assault, False Imprisonment, Intentional Infliction of Emiotnal Distress. Students will further be exposed to intentional torts that occur to property such as Trespass, Trespass to Chattels, Conversion. The study of intentional Torts will continue with an analysis of of defenses and privileges to Intentional Torts. These include Privilege, Defense of Others, Defense of Property, Consent, Authority, Necessity and Self-Defense. Students will further study the the topic of Negligence. Thise includes understanding the concept of “Duty” which enforces our modern society’s notion of how one should comport themselves in their daily interactions with others. The course will expose students to the liability faced by land owners and the relationship with the status of the individuals who come onto their land. Specifically, analyzing the that duty that is owed.

We will discuss what consequences there are when a duty is breached, the difference between Actual Cause and Proximate Cause and their correalation. This course will also discuss damages such as Actual Damages, Punitive Damages and defenses to Negligence. We will discuss the difference between Comparative Negligence and Contributory Negligence and explain the multistate nuances. Students will also need to understand the concept of strict liability and applicable defenses, which is covered in this course. The course will continue its focus by examining Products Liability, such as when a defective product injures an appropriate plaintiff. Students will learn to understand the different defects that can exist in a product and the different tests used to determine such defects. Students will also learn the defenses to Products Liability. The course will analyse the different elements of Defamations such as the types of defamation, defenses, damages, constitutional issues and publication. There will be a discussion on other Torts such as Invasion of Privacy, Economic Torts, and miscellaneous concepts in Torts. The course will conclude with a comparative analysis of tort law in foreign jurisdicitons.

Criminal procedure