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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.
Learning outcome: Students should be able to “brief” a case.

Reading:
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.16-41.

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.

Reading:
1) Introduction to Law and Legal reasoning by Thomas C. Fischer,
Richard F. Zehnle. Discussion 2, Use of Force in Self-Defense,
read pp. 42-63.

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)

Reading:

Roe v. Wade (Abortion), pp. 65-93, 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.
Session 12-13: Right to Die/Euthanasia

Reading:

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

Reading:

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

Reading:

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

Reading:

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


Reading:

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

Reading:

Cutting of Trees for Canal Widening Project Lahore Case, Suo Moto Case
no. 25 of 2009.

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

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

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