Judicial Process 379 /CJ / PLS 379
Harned Hall Rm. #115
Spring 2019 [1/14/19 – 5/9/19]
2-2:50 M/W/F HH 115 
[NOTE: All links to resources and assignments are on the course Moodle page]


Instructor: Shawn Newman, J.D. See: https://www.stmartin.edu/directory/shawn-newman-jd
Office: OM 315 [Dr. Robert Hauhart’s Office] Ph. 438-4525
Office Hours: M/W/F 1-2; T/Th 11-1 & 7-7:30 (in HH 210). I am also available by appointment.

Course Description: Role of the American court system. Roots of Anglo-American jurisprudence; political aspects of legal institutions; structure of American court system.

Course Prerequisites: CJ 101 or PLS 150

Textbooks and Course Materials:
1. Judicial Process in America by Robert Carp, et al. [ISBN 9781483378251] CQ Press 2017 [10th Ed.]

2. American Courts Explained: A Detailed Introduction to the Legal Process Using Real Cases by Gregory Mitchell and David Klein [ISBN-13-9781634598798]

3. Gideon's Trumpet: How One Man, a Poor Prisoner, Took His Case to the Supreme Court-and Changed the Law of the United States by Anthony Lewis [ISBN-13: 978-0679723127; ISBN-10: 0679723129]

Course Goals & Learning Objectives:

1. Explain the nature and sources of law
2. Compare the major global legal systems
3. Evaluate the role of courts in contemporary society, including ADR and therapeutic courts.
4. Summarize and distinguish classical and contemporary theories of jurisprudence
5. Describe the organization and jurisdiction of state and federal court systems
6. Differentiate standing, mootness, ripeness and political questions.
7. Critique judicial selection and removal protocol, including for SCOTUS.
8. Appraise the pros and cons of law school and the legal profession.
9. Assess and justify the right to counsel.
10. Discuss and critique the use and abuse of prosecutorial discretion.
11. Explain how judges interpret statutes and the U.S. Constitution.
12. Differentiate and illustrate “judicial activism” and “judicial restraint”.
13. Analyze the life cycle and impact of civil cases (e.g. Promotion in Motion v. Beech-Nut).
14. Analyze the life cycle and impact of these criminal cases: Kentucky v. Woodall and Gideon v. Wainwright.


Statement to Students concerning Academic Dishonesty:


Acts of academic dishonesty, plagiarism and cheating are considered unethical actions and a violation of university’s academic policy (SMU Catalog). Sanctions and procedures are included in the SMU Academic Catalog.

Statement to Students with Disabilities:

Students wishing to request appropriate accommodations are responsible for initiating contact with the SMU Office of Disability Support Services located at 214 OM [phone 438-4580; lpuryear@stmartin.edu]. The office will access the individual needs of each student, assist him or her in communicating those needs to faculty and staff and help the student obtain the materials, services, and the assistance necessary to successfully pursue their higher education.

University Mission and Academic Values (SMU Catalog - Selected Excerpts)

University Mission: To know, to care, to serve – to educate
University Academic Values: Knowledge, Spirituality, Hospitality, Service, Creativity, Communication, Inquiry, Discovery, Holistic Education.

Business Division Philosophy (SMU Catalog)

Built on the General Education foundation informed by Saint Martin’s Catholic, Benedictine heritage and values, Business and Economics offers a unified business program that integrates the separate functional areas of business. Acknowledging the technological innovation, ever-changing global marketplace and challenged ecosystems currently shaping the world, the Business Administration Program offers students an opportunity to learn and practice general management skills, discover the need for ethical decision-making and acquire functional business area expertise. Through practice and active learning, students also gain the ability to work cooperatively in diverse teams. They become effective writers and speakers, and they demonstrate sharpened critical thinking skills and professional judgment. Students graduate with a broad perspective on the business world and its place in our culture. Saint Martin’s graduates have the ability to work across business functions, adjust quickly to new situations, accept change and ambiguity as a natural part of life, and become enthusiastic lifelong learners. National or State Standards consistent with AACSB and AICPA

Course Grading Scale:

93-100 = A
90-93 – A-
87-90 = B+
83-87 = B
80-83 = B-
77-80 = C+
73-77 = C
70-73 = C-
67-70 =D+
63-67 = D
60-63 = D -
60: F

Grade determination method:

Quizzes (4+): 40% [may or may not be announced so keep up and do the problems at the end of each chapter]
Midterm: 25% - Final 25% - Active* attendance 10%

I expect students to come to class ready to engage: discuss the readings, participate in weekly forum discussions and raise current events of legal interest.

Class participation can and does make a difference!!

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Syllabus will be on Moodle - log in here