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Loyola University Chicago

Registrar

School of Law

Bar Courses

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Perspective Elective

We all know that it is not possible to cover the many problems in Tort law in the first year. This course permits us to explore those topics not covered in depth in the introductory freshman course, including Products Liability and speech torts such as Defamation, Privacy and Intentional Infliction of Emotional Distress, among others. More significantly however, we will also consider difficult ethical and business problems confronted in practice, many of which stem from competing theories about the purpose of the tort regime. The readings for the semester include, in addition to the casebook, carefully selected essays, many of which are highly critical of the status quo. The course is intended to be integrative and reflective. Students will have the opportunity to do research in an area of specific interest, and to present their findings to the class.

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This class will focus on the Agency concepts of vicarious tort liability, the liability of a principal for its agent's contracts and fiduciary duties. In addition, the class will explore in depth all of the various partnership forms, including general partnerships, limited partnerships and registered limited liability partnerships. Creation of a partnership, the operation of a partnership, dissociation and dissolution will also be covered. (Eschbach)

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Non-Graded

This class is designed to help students develop writing skills that are essential for success on the essay portion of Bar Examination. It is structured as an intensive, interactive writing workshop. The class is offered for one ungraded credit.

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Non-Graded

The Bar Exam Writing Skills courses focus on refining your memorization, analytical and writing skills - all skills that are necessary for the bar exam. Whether you need practice writing essays or synthesizing the facts and law and producing a legal work product, these courses will help you master your test-taking skills.

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This course gives brief treatment to agency and covers partnership as an alternative to the corporate form. Principal emphasis is on the law as it applies to the organization and functioning of corporations. The course focuses on structure and mechanics, capitalization, distributions, organic changes, and duties and liabilities of directors, officers, and controlling shareholders. The federal securities acts are introduced with particular attention to Rule 10b-5. Substantial attention is given to the special problems of the close corporation. (Kaufman, Murdock, Ramirez, Rosenberg)

JD Required
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This course is a JD Required Course and counts as a Bar Course. An introduction to and analysis of the concepts and doctrines that govern the procedure followed in civil litigation. Jurisdiction, choice of law (Erie), pre-trial, trial and appellate procedure are discussed. Emphasis is placed on practice in the federal trial courts. (Ho, Kaufman, Michael, Tsesis, Waller)

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This course deals with the legal ramifications of disputes involving contracts with two or more states or other jurisdictions. When such disputes reach the courts, what law should be applied and how should the determination be made? The course explores these questions and the various methods courts and scholars have proposed and adopted to answer them. The contrasting points of view regarding choice of law, jurisdiction and recognition of foreign judgments are analyzed in terms of which policies best promote harmony and efficiency in the federal system and accord with the federal constitutional requirements of due process of law and full faith and credit to the judgments of sister states. (Locke)

JD Required Course

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An introduction to the United States Constitution. Subjects include the role of the United States Supreme Court, federalism, and separation of powers. Particular attention is paid to judicial power and judicial review, national legislative power including commerce power, commerce clause limitations upon state power to regulate, and presidential power and authority in both international and domestic affairs. (Geraghty, Raphael, Shoenberger, Tsesis, Zimmer)

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JD Required Course

An analysis of the formation, transfer and termination of contract rights and duties, and the legal and equitable remedies available upon breach of contract. (Breen, Cooper, Haney, Moses, Williams)

JD Required 
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This course introduces the elements of crime by teaching principles that apply to many crimes. These principles include the nature of criminal acts and of criminal fault, as well as defenses such as self-protection. Homicide and other specific crimes may also be discussed, as may theories of punishment. The primary materials are statutes -- in particular, the Model Penal Code and/or the Illinois Criminal Code.

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This course is designed to provide a detailed examination of the criminal judicial process, pre-trial to post-trial, and includes an examination of: prosecutorial discretion, right to bail, pre-trial motions, double jeopardy, plea bargaining, discovery, jury selection, various trial issues, appeals, and post-trial remedies. (Norton, Raphael)

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This course provides a general overview of the criminal justice process, and focuses on the constitutional and other legal requirements that affect law enforcement practices and procedures. Specific topics may include confessions and interrogations, identification procedures, arrest, search and seizure, surveillance, police entrapment, and the right to counsel. (Norton, Raphael)

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This course is a study of the basic legal devices available for transmission of wealth at death: intestate succession, the will, "non-probate" transfers, and trusts. 

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An evaluation of the rules used to present information to a fact finder in a trial. The three primary units are the rules of relevancy, the rules governing witnesses, and the rule against hearsay. In addition, time is spent on privileges, writings, and demonstrative evidence. The Federal Rules of Evidence provide the focus. 

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This course is a study of cases, statutes, and legal principles relevant to the formation, regulation and dissolution of the family unit, and to legal obligations which arise incident to the family relationship. The course considers: antenuptial agreements, marriage, annulment, divorce, division of property incident to divorce, maintenance, custody, visitation, child support, tax law, and ethical issues. (Anderson, Coupet)

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The federal courts play a central role in upholding the rule of law in this country. They galvanized the civil rights movement, and they continue to protect the most vulnerable members of society by virtue of their independence from political pressures. But unlike state courts, federal courts hear only certain cases -- the ones they are authorized to decide under Article III of the U.S. Constitution -- and the limits of federal courts' jurisdiction are a topic of intense dispute. Whether people have broad or narrow access to these courts deeply affects the extent to which important rights are protected. We will explore this issue first by considering the "case or controversy" requirement of Article III and its attendant doctrines of standing, ripeness, and mootness. We will then address sovereign immunity, a doctrine that limits lawsuits against the federal and state governments. In addition, we will cover abstention, the idea that courts should choose not to resolve some of the cases that fall within their Article III powers. These and other topics will help us reach informed judgments about the proper extent of access to the federal courts. 

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Skills

Ninety percent of all litigation is in the state courts. If you plan on practicing in the Illinois state courts, you have to take this class. Teaming a star civil litigator with two veteran judges, this newly redesigned course will focus sharply on the crucial knowledge and skills needed to survive the confusing and hectic court system. Eliminating a final exam, the course will test your written and oral argument skills in a more realistic way in the context of the labyrinth of procedural rules and statutes that govern different phases of civil litigation in Illinois. Using actual cases, students will learn how the rules apply to the facts and substantive law in a concrete way, as well as how to argue issues arising in the pre-trial setting. If you want to study obscure or never-to-be-repeated scenarios, this course is not for you. Instead, we plan to pare down the syllabus and study pleading skills, motions to dismiss, discovery, summary judgment and the other litigation skills that dominate the life of a civil practitioner. Because so many graduates are now thrown directly into the courtroom either as solo practitioners or litigation associates, the course has been reshaped to be immediately useful the first time you head up to court. (Donnelly, Tailor, Kotin)

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This course will teach students the fundamentals of traditional media law with a particular focus on the intersection between injury law and constitutional speech and press protections. This area of study poses intriguing questions about the American balance between the rights of individuals to protect their reputation and privacy and the rights of those who speak via media - whether traditional mainstream news reporters or citizens using social media platforms such as Facebook or Google Glass. In the words of former New Republic counsel Scott Gant, "we're all journalists now." As a result, it is almost inevitable that even lawyers whose practice does not focus on media will confront questions about rights and liabilities arising from client speech. In addition to discussing defamation and privacy doctrine, we will cover statutory regimes that apply to public speech, such as the privilege to protect sources and rights of access to government institutions and documents, and consider whether and how those statutes apply to both old and new media speakers. We will conclude with a comparative survey of media law. The United States takes a dramatically different approach to speech questions than other countries, and as speech increasingly crosses geographic boundaries, choice of law questions in speech cases are multiplying.

- Constitutional Law, Property and Torts                               

- Contracts, Criminal Law and Procedure and Evidence    

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Non-Graded
              

This unique workshop will help to prepare students for the Multistate Bar Examination(“MBE”). The MBE contains 200 multiple choice questions in the areas of constitutional law, contracts, criminal law and procedure, evidence, property and torts. In most states, including Illinois, the MBE constitutes one–half of the entire bar exam. Each workshop will focus on three of the substantive areas tested on the MBE. Students will receive test taking strategies, guidance in answering commonly tested questions, practice answering questions and analysis of their performance. 

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The focus of this course is mastering and becoming comfortable with the Multistate Bar Exam (MBE) by practicing and reviewing multiple-choice questions.  Specifically, the course will cover (1) the details of the MBE, including scoring and the ways in which the MBE is different from most other multiple-choice tests; (2) tips for effectively reading MBE questions and answer choices; and (3) test-taking and study strategies to help prepare for—and excel on—the MBE.  The course will include basic substantive coverage of MBE subjects. 

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The course examines the law of commercial paper (negotiable instruments payable in money) as codified in Articles 3 and 4 of the Uniform Commercial Code. The formal requisites of the various types of instruments are considered, as are the rights and liabilities of the several parties to such negotiable contracts. The concept and legal significance of holding in due course is treated in depth. Approximately one-third of the course concentrates on the mechanics of bank collection of checks and the related law as incorporated in Article 4 of the Code. (Breen, Tracy)

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Skills


This course will teach the students the practical application of pre-trial discovery in Illinois. The course will demonstrate real world application of discovery, from pre-suit investigation, to interrogatories, requests for production, requests to admit, and depositions. Students will be required to participate in class projects and demonstrations on the techniques of using these discovery tools. (Phillips, Webb)

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This course integrates a theoretical and practical approach to the pretrial components of litigation.  Students gain an understanding of the purpose of pleadings, pretrial motions, depositions, and settlement conferences, and extend their knowledge through practical experience.  The second portion of the course complements the courses in trial practices by investigating the psychology of courtroom communication and its related effects.  Overall, students should develop a more well-rounded perspective of the pretrial aspects of litigation. (Murphy)

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This course will teach the students the practical application of pre-trial discovery in Illinois. The course will demonstrate real world application of discovery, from pre-suit investigation, to interrogatories, requests for production, requests to admit, and depositions. Students will be required to participate in class projects and demonstrations on the techniques of using these discovery tools. (
Phillips, Webb)

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Perspective Elective

This seminar will cover the fundamentals of products liability law and the complex evidentiary issues and strategy choices that lawyers face in products litigation. It will also address the effectiveness of the tort system to deal with injuries caused by products, the impact of tort reform on the evolution of products law, and the influence of political processes on product regulation. The course will meet for two hours each week. Students may submit a paper for an additional hour of credit. The grade for the course will be determined by a two hour examination.

JD Required 

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This course, required of all students in their last year of school, focuses on ethical questions in the practice of law, and examines the basic premises underlying the lawyer-client relationship and the duties assumed by the members of the legal profession, including duties to clients, the public, the courts, and other professionals. Materials consist of the ABA Model Rules of Professional Conduct, and other pertinent standards regarding lawyers' ethics.(Breen, Grogan, Perea, Rosenberg)

JD Required

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A study of interests in land and personal property emphasizing the modern law of donative transfers, and estates and future interests, cotenancy, conveyancing, and land title assurance. Some coverage of landlord and tenant, and public and private control of land use may be included. (McCormack, Rose, Sag)

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A study of problems involved in real estate transactions, including preparation of contracts and closing documents. The course will also include matters related to mortgages and title clearances. The course may also include some coverage of condominiums, co-operatives and Illinois land trusts. (McCormack)

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Skills

This is a skills-based class covering foundational topics in commercial real estate transactions. Topics include: negotiation, drafting, and a one-class "survey school."  Participation in an all-day Saturday skills workshop is required and the in-class final exam will be held prior to the traditional exam period, dates for both of these TBA in the first class meeting.  Please note that this class does not address residential transactions. (Hanley)

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This course examines what courts, including juries, have the power to do in civil cases once a litigant shows he or she has been legally wronged or is threatened with legal wrong. The subject matter of Remedies, now a required subject of inquiry on most state bar examinations, is very broad, meaning, in part, that it draws on many topics of legal study. Constitutional Law, Torts, Contracts, and Federal Civil Procedure, in particular, bear directly on the subject matter of the course. Remedies is therefore sometimes called a “capstone course,” because it provides students an opportunity to bring together what they have learned in other courses on substantive and procedural law. One important component of the course is review problem sets (problems similar to examination questions and often presaging them) that are discussed in class. Another is an emphasis on how the remedial issues that become the subject of appellate opinions arise in the first instance, and are presented and play out at the trial court level. Open to all second and third year students.

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This course concentrates on Articles 2 and 2A of the Uniform Commercial Code and other state and federal statutes covering the sale or lease of goods. In addition, the course examines selected provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Among the topics are the formation of contracts, including offer and acceptance, statute of frauds, and the "battle of the forms"; terms of sales contracts, including express and statutory terms, price, quantity, payment, delivery, and risk of loss; warranties, express and implied; disclaimers of, and defenses to, warranties; acceptance, rejection, revocation; buyers' and sellers' remedies for breach. (Breen, Krivinskas-Shepard, Williams)

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Skills

This course examines the law of consensual liens on personal property under Article 9 of the Uniform Commercial Code. It deals with the use of personal property, tangible and intangible, as collateral to secure payment or performance obligations. Course materials cover creation of the security interest, validity of the security interest as against the claims of third parties, priorities of claims between competing secured parties and other lien holders, and rights upon foreclosure. Emphasis is on risk aversion and problem solving. (Tracy, Williams)

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This course will examine the enforcement of the federal securities laws from the perspectives of both the Securities and Exchange Commission and defense counsel. We will examine the SEC's investigative process, including the taking and defending of testimony; and will examine selective types of securities fraud investigations, including accounting fraud, insider trading, and offering frauds. We will also evaluate the role of auditors and in-house counsel in detecting and preventing securities fraud; remedies available to the SEC; the settlement process; and collateral actions by other civil and criminal authorities.

The required weekly reading will consist of recent enforcement cases, rulemaking, related statutes, law review articles and other commentary. Most classes will begin with a student presentation on a securities law-related topic of their choosing.  Guest instructors may be used to address specific topics throughout the semester.

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The first half of the course treats the 1933 Securities Act in depth. The 1933 Act deals with an initial distribution of securities to the public, the process of registration, exemptions from registration, and the liabilities involved. The question of what is a security also is treated. The second half deals with the multifaceted 1934 Securities Exchange Act. The substantive areas include the operation of the exchanges and the over-the-counter market, broker/dealer duties and liabilities, proxy and tender offer processes and liabilities, short swing profits, and Rule 10b-5. (
Kaufman, Murdock)

JD Required 

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A basic course in the substantive law governing compensation for injuries to property and to the person. Considered are intentional wrongs, negligence, malpractice, products liability and strict liability; invasions of personal integrity and emotional well-being; injury to tangible and intangible rights in property; liability insurance and alternatives; and damages. Other risk-bearing alternatives are considered and contrasted with the traditional common law theories. (Appel, Cooper, Frischmann, Locke, Sawicki)

Loyola

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