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Professor Vernellia Randall
The University of Dayton School of Law
This course was offered between 2008 through 2012.
Remedies is the study of the legal and equitable relief that a client may obtain as a result of litigation. In effect, selecting the appropriate remedy to meet your client goals, deciding how to measure the remedy and deciding how to enforce it are paramount professional responsibilities. This course is taught as a capstone experience. Students will have both opportunities for review of basic courses (i.e. torts, property, contract, and civil pro) and for obtaining new insights on the lawyering process and the institutions that comprise the legal system. Because it cuts across substantive and procedural subject matters, it makes a excellent capstone course. If a student takes a few moments with each problem to review the substantive and procedural law background, he will be able to integrate much of his prior learning into a big picture.
Remedies is a extremely practical course. When a client comes into your office with a problem, the question that is usually foremost in her mind is "what is the solution?" The solution, in litigation, is a remedy. However, because legal problems do not come neatly packaged or identified as matters of tort, contracts, or property, one of the objectives of this course is to develop a holistic approach to legal problem-solving. Remedies almost always involve issues of discretion: discretion of the judge in fashioning an equitable remedy, discretion of the jury in assessing damages, and discretion of law makers in setting the boundaries for these determinations. Discretion means that lots of intriguing factors, often unstated, can influence a decision. If we understand those underlying factors, we can be much more effective in predicting outcomes and persuading decision makers.
This syllabus is an indispensable study tool. It provides the student with specific guidelines as to my expectations regarding what you should learn, what skills and knowledge I appreciate and how I arrange the content of the course.
Philosophy of Teaching
How one teaches, is necessarily influenced by what one perceives as the goals of legal education. Certainly, the primary goal is to prepare you to be effective lawyers, judges and policy makers. At a minimum, these goals include helping the student to develop the ability to:
• Think critically, precisely, and clearly;
• Express his or self succinctly;
• Understand the expressions of others; particularly, those who are different from his or her self;
• Understand human nature, particularly the motivations and needs of his or her clients, opponents, jurors, judges, etc.; and,
• Use the techniques of the legal profession to represent a client in general matters, to recognize where you lack competence, and to comply with accepted ethical standards.
While it is hardly arguable that preparing you to be an effective lawyer is an significant goal, it is not the only one. Many of you will be law makers and policy makers, and training you to understand the values implicit in the law is an important goal. Another important goal is to train you to address in a systematic manner your social responsibilities as an individual lawyer and your collective responsibilities as a member of the bar. This includes a student's responsibility to assist the community in maintaining an accessible, effective and socially responsible legal system.
The primary focus of my teaching method is to provide you an educationally sound introduction to “Remedies." Furthermore, given the impact race and gender have on the law (and vice versa) my approach to teaching is to explore explicitly diversity/bias issues as a component of all aspects of law. Thus, my objective is to help you continue the process of meeting those goals.
A. Teaching Objective #1: Educationally Sound Pedagogy
An educationally sound legal pedagogy is a philosophy of legal education grounded in known educational theory. To be so grounded, and educationally sound legal pedagogy:
< Trains you to solve legal problems by providing you with working program for solving problems;
< Provides you with criteria for indicating specifically what progress you are making;
< Evaluate your performance in accordance with the criteria set;
< Provides you with the opportunity to practice each new skill throughout the learning process; and,
< Provides you with adequate instruction on how to study for law school and this course.
B. Teaching Objective #2: Remedies Teaching Objectives
Remedies teaching objectives are those objectives that relate directly to the substantive area of the law. They can be divided into two categories: knowledge and skills/abilities. The objectives of this course are to:
< Provide you with a basic understanding remedy;
< Provide you information about selected principles o (or black letter law) and significant issues (or unsettled matters) in Remedies;
< Help you understand the value implications of legal choices;
< Help you develop and improve your analytical skills including understanding, issue- spotting, problem-solving, judgment, and synthesis;
< Help you to understand the importance of inference and intuition in problem definition and problem-solving; and
< Emphasize that "personal neutrality" is not necessary to scholarly objectivity.
C. Teaching Objectives #3: Diversity/bias-Conscious Legal Pedagogy
Class, disability, gender, race, religion and sexual preference issues are such an integral part of our society (and the legal profession) that we often overlook how the law affects individuals with different backgrounds differently. In a diverse society, such as ours, understanding of how different class, disability, gender race and sexual preference are affected differently by the law is essential. This is true whether the person is a defendant, plaintiff, lawyer, juror, judge or law student. Diversity skills should be a normative part of the value system of the practicing attorney. The objectives of this course is to:
< Explore how racial, ethnic, gender, class, disability, cultural and sexual orientation are related to and impacted by the structure of law.
< Illuminate the connection between racial and gender issues and the values, interests, rules and theories that appear to be neutral but, are in fact a representation of the values of the dominant culture;
< Frame classroom discussion so that we step outside the doctrinal bounds of the law to critique the rules and legal practice; and,
< Focuses discussion on problems, interests, and values that reflect a broad range of perspectives.
D. Teaching Objectives #4: Improving Bar Test-Taking Skills
Passing the bar is not only about knowing the law, but it is also about having sufficiently developed test-taking skills. One of the most significant areas of concern for many students is their ability to take multiple-choice exams. This course will help you improve your test-taking skills. We will do that by:
< Explicitly teaching you those skills,
< Providing frequent opportunity to practice the skills and
< Structuring a process of improvement that can be used by you beyond this course.
|Schedule of Assignments|
|Remedies Fall, 2012|
|UR= Understanding Remedies; PR=Problems in Remedies|
|Topic||Reading Assignment||Problem and Other Assignments, Monday, 10:30 am||Bar Exam, Friday, 3:30pm|
|1||Introduction to Course/remedies||UR, 1 to 24 (24pp/)||Stage 1: Pretest|
|' 1 Basic Remedial Goals|
|' 2 Types of Remedies|
|' 3 Rights and Remedies|
|' 4 Public Policy|
|2||Damages||UR, 25 - 110 (86pp/)||$ 3-1 Story v. Grayson||Stage 2: Format|
|' 6 the Purpose of Compensatory Damages||$ 3-2 Re Washington|
|' 7 Value||$ 3-3 Berwyn's Dress Shop|
|' 8 Measuring Compensatory Damages|
|' 9 Future Losses|
|'10 Loss Causation|
|' 11 Economic Loss Rule|
|3||Damages (continued)||UR, 111 - 188 (78pp)||$ 3-4 Esterhazy v. Heyman||Stage 2: Format|
|$ 3-5 Mariakakis v. Bastian|
|' 12 Non‑economic Damages||$ 3-6 Le v. Bonnet|
|' 13 Duty to Mitigate Damages||$ Learning Objectives|
|' 14 Offsetting Benefits|
|' 15 Collateral Source Rule|
|' 16 Prejudgment Interest|
|' 17 Tax Consequences|
|4||Punitive Damages||UR, 918-962 (44 pages)||$ 3-7 Mendel v. Murphy||Stage 2: Format|
|' 200 Introduction||UR, 963- 999 (36 pages)||$ 3-8 Harry's, Inc.|
|' 201 Purpose of Punitive Damages||$ 3‑9 Wallace v Rich Springs|
|' 202 Scope of Punitive Damages|
|' 203 Actual Injury Requirement|
|' 204 Wealth of the Defendant|
|' 205 Due Process Limitations|
|' 206 Standard of Review|
|' 207 Multiple Damages Awards|
|' 208 Discretion|
|' 209 Tort ReformCpunitive Damages|
|' 210 Attorney=s FeesCthe AAmerican Rule@|
|' 211 Exceptions to the AAmerican Rule@|
|' 212 Prevailing Party|
|' 213 Award of Fees|
|' 214 Standing to Collect Fees Award|
|5||Equitable Remedies||UR, 189 - 285 (97 pages)||$ 2-1||Stage 3: Issue-spotting|
|' 20 Law and Equity||$ 2-2|
|' 21 Adequacy/ Irreparable Injury||$ 2-3|
|' 22 Equity Acts in Personam||$ Hypo Quiz: Damages|
|' 23 Equitable Discretion|
|' 24 Burden on the Court/supervision|
|' 25 Nature of Rights Protected|
|' 26 Statutory Equitable Remedies|
|' 27 Injunction of Criminal Activity|
|' 28 Injunctions and Prior Restraints|
|Injunctions (Part 1)|
|' 30 Ripeness, Mootness, and Standing|
|' 31 Temporary Injunctive Relief|
|' 32 Appellate Review of Orders|
|6||Injunctions (Part 2)||UR, 286 - 328 ( 43 pages)||$ 2-4||Stage 3: Issue-spotting|
|UR, 879 - 917 (39 pages)||$ 2-5|
|' 33 Permanent Injunctions||$ 2-6|
|' 34 Specificity of Injunctive Relief||$ Damages Essay|
|' 35 Persons Bound by Injunctive Relief|
|' 36 Modification of Injunctions|
|' 190 Nature of Contempt|
|' 191 Types of Contempt|
|' 192 Classification of Contempt|
|' 193 Elements of Civil Contempt|
|' 194 Coercive Civil Contempt|
|' 195 Compensatory Contempt|
|' 196 Attorney=s Fees|
|' 197 Defenses to Contempt|
|' 198 Collateral Bar Rule|
|' 199 Attempted Contempts|
|7||Restitution||UR, 329 - 376 (53 pp)||$ 4-1||Stage 3: Issue-spotting|
|' 40 Restitution||$ 4-2|
|' 41 Restitution for Wrongdoing||$ 4-3|
|' 42 Restitution for Unjust Enrichment||$ Hypo Quiz: Equitable Relief|
|' 43 Nature of Unjust Enrichment|
|' 44 Quasi Contract/Unjust Enrichment|
|' 45 Valuation of the Benefit|
|' 46 Apportionment of Benefit|
|' 47 Restitutionary Damages|
|8||Restitutionary Actions||UR, 376 - 437 (61 pages)||$ 4-4||Stage 4: Analysis|
|' 50 Introduction||$ 4-5|
|' 51 Disgorgement Orders|
|' 52 Indemnity|
|' 53 Subrogation|
|' 54 Constructive Trust|
|' 55 Equitable Accounting|
|' 56 Equitable Lien|
|' 57 Replevin|
|' 58 Ejectment|
|' 59 Tracing Principles|
|9||Remedial Defenses||UR, 438-498 (60 pages)||$ 10-1||Stage 4: Analysis|
|' 60 Compared with Liability Defenses||$ 10-2|
|' 61 Laches and Statutes of Limitation||$ 10-3|
|' 62 Unclean Hands and AIn Pari Delicto@||$ Restitution Paper|
|' 63 Duress and Unconscionability||$ Hypo Quiz: Restitution|
|' 64 Estoppel, Waiver, and Election|
|' 65 Fraud and Illegality|
|' 66 Change in Position and Hardship|
|' 67 Assertion of Defenses|
|Remedies in Particular Settings|
|10||Bodily Injuries (Personal Injuries)||UR, 498 -558 (60 pages)||$ 8-1||Stage 4: Analysis|
|' 70 Bodily Injury Remedies||$ 8-2|
|' 71 Lost Income||$ 8-3|
|' 72 Medical Expenses|
|' 73 Pain and Suffering|
|' 74 Loss of Consortium|
|' 75 Remedies When the Plaintiff Dies|
|' 76 Conception‑related Claims|
|11||Personal Property (Tangible property)||UR, 559 - 591 (48 pages)||Possession||Use||Stage 5: Timing|
|' 80 Physical Damage||UR, 591 - 631 (40 pages)||$ 5-1||$ 5-6|
|' 81 Value to Owner||$ 5-2||$ 5-7|
|' 82 Pets||$ 5-3||$ 5-8|
|' 83 Damages for Loss or Interference||$ 5-4|
|' 84 Return of Possession||$ 5-5||Personal|
|' 85 Unjust Enrichment and Restitution||$ 5-9|
|' 86 Good Faith Improvers||$ 5-10|
|Real Property||$ 5-12|
|' 90 Physical Damage||$ 5-13|
|' 91 Natural Resource Damage||$ 5-14|
|' 92 Ejectment|
|' 93 Trespass|
|' 94 Nuisance|
|' 95 Waste|
|' 96 Good Faith Improvers|
|$ Hypo Quiz: Cumulative|
|12||Personal Rights/||UR, 679 - 705 (26 pages)||Relationship Rights||Personal Rights||Stage 5: Timing|
|Relationships Rights||UR, 637 - 665 (28 pages)||$ 6-1||$ 7-1|
|$ 6-2||$ 7-2|
|Personal rights||$ 6-3||$ 7-3|
|' 110 Privacy||$ 6-4||$ 7-4|
|' 111 Civil Rights/Constitutional Torts||$ 6-5|
|' 112 Litigation Torts||$ 6-8|
|' 113 Breach of Fiduciary Duty||$ 6-9|
|Injury to Relationship|
|' 100 Economic Relationships|
|' 101 Social and Professional|
|' 102 Personal Relationships|
|' 103 Heart Balm Statutes|
|' 104 Wrongful Adoption|
|13||Breach of Contract||UR, 757 - 765 (13 pages)||Mistake||$ 12-10||Stage 5: Timing|
|140 General Principles||UR, 733 -756 (23 pages)||$ 11-1||$ 12-11|
|' 141 Bad Faith Breach||UR, 849 - 879 (30 pages)||$ 11-2||$ 12-12|
|' 142 Distress Damages||$ 11-3||$ 12-13|
|$ 11-4||$ 12-14|
|Rescission (Disaffirmance) of Bargain||$ 12-15|
|' 130 Nature of Rescission||Breach of Contract||$ 12-16|
|' 131 Forms of Rescission||$ 12-1||$ 12-17|
|' 132 Demand for Rescission||$ 12-2||$ 12-18|
|' 133 Election of Remedies||$ 12-3||$ 12-19|
|' 134 Restoration of the Status Quo||$ 12-4||$ 12-20|
|' 135 Scope of Remedy of Rescission||$ 12-5||$ 12-21|
|' 136 Grounds for Rescission||$ 12-6||$ 12-22|
|$ 12-7||$ 12-23|
|Agreed Remedies||$ 12-8||$ 12-24|
|' 180 Introduction||$ 12-9||$ 12-25|
|' 181 Liquidated Damages||$ 12-26|
|' 182 Compensable Damage Requirement||$ 12-27|
|' 183 Exclusive or Non‑exclusive Remedy|
|' 184 Over or Undercompensatory||Unenforcable contract|
|' 185 Specifying Injunctive Relief|
|' 186 Negating Remedies by Contract||$ 13-1|
|$ Equitable Remedy Paper|
|14||Pulling it all Together||$ Learning Objectives Revised||Stage 6|
|$ Hypo Quiz Cumulative|
Most of your learning will happen outside of the classroom and independently of myself or any other professor. In fact, many professors, (myself included) will test you on significantly more than can ever be covered in class. My role is to structure my course in such a way as to facilitate your self-directed learning and to help you excel. I do that through the following: detailed syllabus, assigned readings, problems and classroom instruction.
A. Detailed Syllabus
The syllabus for this course consists of this web page and connected web pages. The syllabus is an important study tool. It provides you with specific guidelines as to my expectations regarding what you should learn, what skills and understanding I value and how I organize the content of the course.
However, the syllabus is not a contract and I retain the right to modify it at my discretion.
The assigned reading provides you with the opportunity to obtain rules and process information. It is my expectation that you will be thoroughly familiar with the assignment and completely prepared for class participation. In general, the class will not cover the reading material directly. Most of your learning is expected to be achieved through reading, discussion, and online activities. Of course, If you have questions or comments on the reading, you should raise them during the class discussion, you should raise them in class or online.
Problem-based learning (PBL), at its most fundamental level, is an instructional method use of "real world" problems as a context for you to learn critical thinking and problem-solving skills, and acquire knowledge of the essential concepts of the course. You will be presented with a problem; you will develop an outline answer and then, cooperative learning groups you will discuss your ideas and knowledge related to the problem, and you will attempt to define the broad nature of the problem.
Problem-based learning (PBL) is a total approach to education. PBL is both a curriculum and a process. The curriculum consists of carefully selected and designed problems that demand from your acquisition of critical knowledge, problem-solving proficiency, self-directed learning strategies, and team participation skills. The process replicates the commonly used systemic approach to resolving problems or meeting challenges that are encountered in life and career.
In problem-based learning, the traditional teacher and student roles change. You assume increasing responsibility for your learning. My role, as faculty, is as a resource, tutor, and evaluator, guiding you in your problem-solving efforts.
Research has shown that students involved in problem-based learning acquire knowledge and become proficient in problem-solving, self-directed learning, and team participation. Studies show that PBL prepares students as well as traditional methods. PBL students do as well as their counterparts from traditional classrooms on national exams, but are, in fact, better practitioners of their professions.
The primary teaching technique in this class is the cooperative discussion. In this class, cooperative learning will be used to:
< Teach specific content,
< Ensure active cognitive processing during class and
< Provide long-term support and assistance for academic progress.
During the past 90 years, more than 600 research studies have been conducted comparing the effectiveness of cooperative, competitive and individualistic efforts. These studies have been conducted by a wide variety of researchers in different decades with different age subjects, in different subject areas and in different settings. More is known about the efficacy of cooperative learning than about the so-called "Socratic method" or lecturing.
From this research, you may expect that the more you work in cooperative learning groups the more you will learn, the better you will understand what you are learning, the easier it will be to remember what you learn, and the better you will feel about yourself, the class, and your classmates.
E. Peer and Self Assessment
Peer and self-assessment is an essential lawyering skill. Lawyers participate in the assessment process through evaluation and critique of the work of lawyers, judges, paralegals, and others. Furthermore, engaging in peer and self-assessment contributes to the development of critical thinking and communication skills. Peer assessment assesses some generic skills such as communication and teamwork. Such peer assessment takes a variety of forms, including providing feedback on the written work or oral presentations of their peers. In this course, peer assessment tasks encourage and enable you to develop the skill of critical review. You consider specified assessment criteria to distinguish between different levels of achievement, or standards; and, provide specific recommendations on how the critiqued work could be improved.
Essentially, peer assessment develops the skills necessary for effective self-assessment. Self-assessment is fundamental to your learning, including their ability to benefit from the feedback received from others. Using tools and quizzes, you test your own knowledge or skills. You make evaluative judgments about their work.
Evaluation and Grading
Your grade in the course will be based on:
1 Class Participation 25%
2 Online Participation 25%
3 Problems 25%
The scores posted on Moodle are not your official grades. The scores are not final even when posted and are subject to change. The scores may be subject to the curve. Your official grade is the grade reported by the registrar's office.
Overall Grading Norm (Example) (Subject to the Curve)
Below is an example of the grading norm that I use to assign final grades. This norm is flexibility applied and is subject to application of the curve. Please note that this range applies to “Overall” score. It is possible to have many individual scores that fall in a lower grade range but have a higher individual overall score.
Grade Range Score Range A+, A, A- 87.5 to 100
B+, B, B-, C+ 71.5 to 87.4
C, C- 63.5 to 71.4
D. D+ 55.5 to 63.4
F 0.0 to 55.4
1 Class Participation includes in-class and Weekly Reflections.
2 Online Participation includes glossary and multiple choice questions. There is also an overall participation grade calculated.
3 Problems includes problems and learning objectives.
Understanding the Curves. If your scores is consistently above the mean (average) -- than your final grade is likely to be a B- or higher. That is if the average is 76 and your score is 79 than your final grade is likely to be a B-. If your scores are more than one standard deviation below the mean you are likely to make a "C (2.00)" or lower.
While a "C (2.0)" is a passing grade for the course, the impact can be the equivalent of a failing grade because you need a 2.2 average to graduate.
Evaluation and Grading: Class Participation
In-class participation will be based on attendance, preparation for class (i.e., class problems), effective participation in the small group cooperative learning process and large group discussion.
This is a cooperative participatory learning class. That means that your absence affects the learning of others. Consequently, missing classes significantly affects your grade.
While missing even one class will affect your grade, in general, missing more than two classes (which is the equivalent of four classes) will significantly affect your class participation grade. If you are more than 10 minutes late for a class you will be considered absent.
However, class participation means more than showing up for class. Class participation includes actively participating in class including being adequately prepared.
Attendance is required. Attendance will be taken at the beginning of each class hour. Students who are not seated and prepared to begin class when attendance is taken will be counted as tardy. A tardy counts as an absence.
"Excused absence" means documented illness of self or child, or a family emergency. "Family Emergency" is limited to death or catastrophic occurrence affecting the student's immediate family or closely-extended family. Flat tires and similar automotive failures, computer problems, speeding tickets, work, interviews, court dates, etc. are per se unexcused absences.
Class Participation requires presence during the entire class period. Students should not leave the classroom once class has begun except in emergencies.
Class Participation requires attention. Students should refrain from engaging in activities that are disruptive to the class. Professional conduct requires that students refrain from eating, talking or laughing while others are speaking, passing notes, playing games, reading newspapers, or in any other manner disrupting the educational process by being rude or inattentive. Students acting in an unprofessional manner will be asked to leave the classroom and will be counted absent for that class. During small group, simulations and large group discussion all computers should be closed. When laptop use is permitted, the only permissible use is note-taking .
You may not use Blackberries, Treos, mobile phones, and other handheld devices. You must turn off such devices before coming to class. Set to vibrate is not acceptable. If your cell phone rings during class you will be asked to leave and the day will be count as an absence. Checking your messages, Surfing the web is by definition NOT paying attention.
Class Participation requires preparation. Occasional inability to complete the assignments is understandable. Missing more than three problems will affect your problem grade. If you are not prepared for class by having your problem completed before class, your class participation grade will be considered unprepared.
Your daily class participation grade will be evaluated based on a combination of your self evaluation and my evaluation. Your Evaluation MUST be submitted online within 15 minutes of the end of class. Failure to submit your online assessment will result in a grade of “45".
Evaluate Your Class Participation for Today
(Must Complete and return at the end of class)
95 I was throughly prepared. I contributed readily to the conversation but didn’t dominate it. I made thoughtful contributions that advance the conversation. I showed interest in and respect for other views. I participated actively in small groups. I took notes/ reported for the small group AND I raised diversity/bias issues related to the topic at hand.
90 I was thoroughly prepared and contributed readily to the conversation. I contributed occasionally without prompting. I participated actively in small groups. I took notes/ reported for the small group OR I raised diversity/bias issues related to the topic at hand.
85 I was prepared and I contribute to large group discussions. I showed interest in the discussion, listened attentively and participated actively in small groups.
80 I was prepared, but I did not voluntarily contribute to discussions and gave only minimal answers when called on. I showed interest in the discussion, listened attentively and participated actively in small groups..
65 I was prepared. I did not contribute to small group discussion OR . I participated in a problematic way; I may have talk too much, made rambling poor tangential contributions, continually interrupt with digressive questions.
45 I attended class but was not prepared. I did not have my problems for class. Or I tried to bluff my way when unprepared or otherwise dominate discussion. I failed to acknowledge cues of annoyance from the professor or student. Or I did not contribute to either small group discussion or large group discussion.
0 Student did not attend class or if the student attended they were disruptive .
If you gave yourself a grade of 90 or 95, explain the bias point you made. You must do this for a 95 grade. You only need to do this for a 90 grade if discussing bias was the basis of earning a 90.
On a weekly basis you will be asked to reflect on your learning:
Think about the past week, what is the most important thing you learned about Remedies. Why? Be thoughtful. Be reflective. Be specific. How will what you learn help you be a better lawyer? (at least 150 words, include word count) (Do Not Post until after class and after you have completed the other assignments. If at all possible this should be the last assignment )
Diversity/Bias and Remedies
Think about the past week, how is the substantive area studied impacted by diversity/bias issues and how is diversity/bias issues (and implicit bias) impacted by the substantive area studied. (at least 150 words, include word count)(Do Not Post until after class and after you have completed the other assignments. If at all possible this should be the last assignment )
Generally, your weekly reflection postings should be at least 150 words for each reflection and you should indicate the total word count in the Subject heading.
You should use a subject heading that is representative of the point being made in your reflection.
These postings will be rate by faculty only, however, your peers may read and comment on them.
Evaluation and Grading: Online Participation
Online Instruction Defined
Online instruction is any formal educational process in which the instruction occurs when the learner and the instructor are not in the same place and Internet technology is used to provide a communication link between the instructor and students. Different forms of online instruction include:
• Sharing information on a web site (example: course syllabus/ web site))
• Providing practice for new concepts by using online activities such as simulations and games
• Communicating one-to-one or one-to-many via email for instructional purposes
• Conducting discussions by using a threaded discussion board
• Conducting discussion by using chat
• Holding office hours by using chat or GotoMeeting or Elluminate
• Delivering library resources via the Internet (example: Electronic databases, electronic course reserves)
• Giving tests or evaluating performance by using online assessments
• Submitting assignments electronically
Participation on Moodle is integral part of this class. Any questions about the course should be posted under "Student FAQ" in Moodle.
Your online participation will be evaluated on your participation in the discussion forum, your completion of glossary entries, your completion of online assignments and quizzes and your weekly reflection.
Moodle has many ways for me to evaluate your participation. For instance, I can determine the number of primary discussion postings, the number of secondary forum postings, the postings read, etc. If a person tries to game the system, i.e., repeatedly viewing the same postings, I can determine that and the person will be penalized.
You should also post information or news about “Remedies”.
Postings will be rated by both faculty and students using the following rubric:
the posting is clearly tied this week’s readings (1 point) the posting relates this week's reading to what has already learned in the course (1 point) the posting relates this week's reading to student's own personal experiences or lack of experiences (1 point) the posting discusses how this week's content is related to the role of the law, lawyers and the legal system to race and racism in America. ( up to 3 points) Deduct 2 points if less than 150 words or no word count included Deduct 1 point if subject line is not sufficiently descriptive of main point
Give 0 points if the posting: flames, uses offensive language, is uncollegial or unprofessional
In this class, online discussions will count towards your Assignments grade in the course. The purpose of the discussion forum is to frame and promote collaborative learning. Active and regular participation is not only important for me to see, but also important for you in learning the course content and in developing your thoughts and positions on various topics.
The three cardinal rules for Discussion Forums:
• Please remember that the culture of mutual respect that is part of this course extends into the virtual classroom environment.
Participation in these discussion boards is required.
• Participation alone is not enough; a thoughtful and meaningful approach in your posts is required. (Quality counts!)
Here is the protocol for posting and contributing to EACH online discussion forum:
• You are expected to participate on at least 3 different days.
• You should begin at least one thread by Monday and provide at least two posts in response to other participants’ threads by Wednesday and read all postings by Friday..
Posting should be a minimum of one short paragraph and a maximum of two paragraphs. Word totals for each post should be in the 100-200 words range. Whether you agree or disagree, explain why with supporting evidence and concepts from the readings or related experience. Include a reference, link, or citation when appropriate.
• Be organized in your thoughts and ideas.
• Incorporate correlations with the assigned readings or topics.
• Stay on topic.
• Provide evidence of critical, college-level thinking and thoughtfulness in your responses or interactions. Avoid summarizing.
• Contribute to the learning community by being creative in your approaches to topics, being relevant in the presented viewpoints, and attempting to motivate the discussion.
• Be aware of grammar and sentence mechanics.
• Use proper etiquette. Remember that being respectful is critical.
Each week there will be at least one glossary to be completed. You should include terms, concepts and ideas related to the health law concept being studied. Each week you should
identify at least one term, concept or idea and define or explain it. review and rate all the terms for members in your group. provide comment on at least two terms
The definitions CANNOT be copied from the book but should be in your own words. Examples and Hypos can be included. where appropriate. As you study and gain better understanding you should feel free to update your postings.
Rubric for Ratings
1 pt. defines a fundamental term, principle, or concept , rule, element, standard or test 1 pt. includes the location in the reading; or other source. 1 pt. is accurate, thorough, complete and relevant. 1 pt includes reference to a relevant legal case, a hypothetical, example, illustration or clarification.
Multiple Choice Questions
Develop one multiple choice question for the section of the book assigned.
Your question be a very short hypothetical that test a very narrow part of a rule, concept, standard or test. Your question must be complex and cannot merely be removing a word or two from a definition. It should provide a factual situation and ask the testtaker to apply the law to the situation.
Your question should have 1 correct answer and three incorrect answers. Your incorrect answers must be based on either: mischaracterization of facts, misstatement of the law, or ignoring the central issue.
You should explain, with some detail, why the answer is incorrect and cite to the page number in the book that supports your explanation
Rubric for rating Questions:
Read and Rate Questions on level difficulty and accuracy
4= very difficult, very accurate 3= not very difficult, but very accurate 2= very difficult, but not very accurate 1= Not very difficult and not very accurate 0= No question or question not over the assigned section.
General Posting Guidelines
Writing a post includes posting an original post and/or responding to one. Responding to a post does not count as much as posting an original one.
The post must be substantial. Superficial, agree or disagree post or discounted or not counted at all. I will delete post that appear duplicate and superficial. If I notice a pattern of behavior it will affect your moodle grade
You earn points for reading a post, but the number of points count as a lower percentage of the total score than if you write or respond to a post.
Moodle activity is always evaluated in the week of assignment. So, for example, the only Moodle activity that will count in an upcoming week will be that which occurs in that week. And, to a lesser value, in the In The News Section. Specifically, back reading old post will not count.
Posting, responding, and reading posts in the “ In The News” section always counts less than activity in the section currently assigned.
Quantity counts, that is, of the students who are posting similar quality posting, the person with the most postings and who has read the most will get a higher raw score.
Quality counts, that is students will be rewarded for posting thoughtful on point posting.
Cutting and pasting articles do not count even if you add a short statement. Summarize the relevant content, provide a link and then discuss your reaction to the article.
Evaluation and Grading: Problems
During most classes we will work on problems, in fact the primary focus of the class will be on problems. You should work out an outline answer to the assigned problem, think about the unassigned problems and be prepared to fully participate in the class on all the readings.
You are NOT prepared for class unless you have two copies of your assignment with you at the start of class.
Formatting Convention: typed, single spaced, 12 pt. Times Roman, margins 1 inch. Suggested word length: 500 to 800 words;
YOU SHOULD BRING TWO COPIES of YOUR PROBLEM ANSWER to CLASS. One copy will be turned in during class. Fold one of the problem vertically in half and put your name in bottom right corner, put the problem number on the second line.
Problem answers will be collected during class. No problems answer will be accepted late (That is after class); No exceptions!
Your problem answer should reflect a good faith attempt to answer the question. No credit will be given if you are not in class. That is, you cannot turn in problems if you are absent from class.
Evaluating Your Problem for Class Participation
For each problem you should prepare your own answers BEFORE CLASS. Those answers should be turned in at every class. To be prepared for class, your problem answer should reflect a good faith attempt to answer the question. Good Faith Effort will be judged by whether your answer made significant attempt to address the problem in accordance with the guidelines.
Evaluating Your Problem Peer Assessment
Your problem grade will be based on your peer assessment of problems submitted online. "Peer assessment is a process used for checking the work performed by one's equals (peers) to ensure it meets specific criteria. Peer [assessment] is used in working groups for the law and for many professional occupations because peers can identify each other's errors quickly and easily, speeding up the time that it takes for mistakes to be identified and corrected. . . .Generally, the goal of all peer review processes is to verify whether the work satisfies the specifications for review, identify any deviations from the standards, and provide suggestions for improvements. ". The expectation is that you will make more than a good faith effort in conducting all peer assessments. In fact you will receive an assessment grade.
Notes on Grading of Peer and Self-Assessment on Moodle
The score on workshop consist of two parts - submission grade and assessment grade. The assessment grade is based on how well you do the assessment. Just doing the assessment is not enough, if you are too generous or too restrictive in your assessment your grade will be lower.
There is a temptation to give average scores, to give all high scores or to give all low scores. Such a strategy will inevitably affect your assessment grade by significantly lowering it. Moodle compares your assessment to the other assessments, particularly the teacher's assessment, and your assessment grade is based on that calculation.
Appealing Grades on Peer Assessment
After each problem is graded, if faculty or teaching assistant didn’t conduct an assessment, you will be given the opportunity to appeal the grade. You may appeal a grade if any one of the following exist:
• your submission score is below 70%
• there is 15 pts or more difference between the highest submission score and the lowest score
• there is fewer than 3 assessments
If an assessment is conduct than the score from this assessments becomes the weighted score. The impact of this assessment is that your submission score can be lowered, raised or stay the same.
Problem Assessment Rubric
Problem/Rule/Element (weight: 2/20)
Student’s response directly and completely addressed the call of the question; wrote or paraphrased the appropriate rule of law for the problem; raised and dismissed those issues that required no analysis; correctly identified the elements requiring analysis
Elements-at-issue (E.I.) (weight: 5/20)
Student's response correctly identified only those issues requiring analysis. For each issue, Student correctly responded completely to the E.I. and addressed only the E.I. Student's response correctly stated or paraphrased the appropriate rule of law for solving the element-at-issue
Analysis or Application (weight: 10/20)
For each issue, Student's response used all and only the key facts; demonstrated good judgment in making argument based on reasonable assumptions; and considered arguments in support and opposition to the conclusion offered. On legal issues, the students response considered arguments in support of each standard; examined the weaknesses of each standard; and, showed good judgment in choosing one standard over the others.
Conclusion (weight: 2/20)
Student’s response came to a well-reasoned conclusion. Student's response included a conclusion that was adequately explained, that logically followed from the analysis, and conclusion was correct. Student's response included a conclusion that was adequately explained, that logically followed from the analysis, and conclusion was correct.
Organization (weight: 1/20)
Student's response was logically organized. First, it discussed whether plaintiff had a right to remedy. Second, it thoroughly explain the choice of remedies that were available. Third, it identified the particular remedies. It discussed the different remedies separately. Finally, Student put answer in memo format as identified.
For each of the criteria you will assess the student’s response by answering the following question:
The student’s response did an exceptional job of addressing the general points and the specific points identified.
5: Strongly agreed, no improvement necessary, no off point discussions 4: Mostly agree, miss a few points or discussed a few points not identified 3: Agree more than Disagree, missed several points or discussed several points not identified 2: Mostly disagree, missed many points or discussed many points not relevant 1: Strongly disagree, discussion completely off target 0: Did not attempt this discussion
You must provide student’s with specific comment on how their responses can be improved. The comments must be substantive, written in complete sentences and must be specific.
Evaluation and Grading: Quizzes
There will be periodic online quizzes. The quizzes will be based on the questions developed by the students and on questions from the resources on reserved in the library.
Evaluation and Grading: Essays On Race, Bias and Remedies
Essays on Race, Bias and Remedies
You are to write an essay on:
• Equitable Remedies
Your essay should be between 800 to 1200 words.
You should use the following organization:
• Introduction (including thesis statement)
• Analysis of Remedies Concept, Race and Bias
Read and cite to at least 3 articles, at least one of the articles have to be on implicit bias citations should be footnoted not endnoted;
Use bluebook, law review form.
• Lawschoolmoodle.org: LawschoolMoodle: http://lawschoolmoodle.org/
• James M. Fischer, Understanding Remedies (latest edition, 2006) (ISBN 0-8205-6343-9 )
• Dan B. Dobbs and Kay Kavanagh, Problems in Remedies, (2 edition, 2001) (ISBN-13: 9780314026194)
• Vernellia Randall, Passing the Bar: You Can Do it the First Time!! (2012) (Purchase from Secretary’s Office)
Course Structure See Website
Schedule of Due Days and Times. See Website
Estimated Time Requirements See Website
Preparing Technologically. See Website
Policy on Academic Accommodation See Website
Policy on Academic Integrity See Website
Policy on Bias and Sexual Harassment. See Website
Academic Support Services at the University of Dayton .. See Website
How to Use Moodle. . See Website
Navigating around Moodle. .. See Website
Welcome Letter and First Assignment .. See Website
Copyright Notice. See Website