San Joaquin College of Law offers between eight and fourteen different elective classes each year, the bulk being offered during summer sessions. Regularly offered electives are augmented by other electives. The regularly offered electives, offered at least once every two years, include: Administrative Law, Family Law, Bankruptcy, Civil Trial Practice, Civil Litigation (Pre-Trial) and Advanced Criminal Procedure. Other electives are offered based upon student need and interest as well as legal trends. The electives listed below have all been taught within the last four years.

156 Moot Court Competition

Upon recommendation of the Moot Court Director, students participating in external moot court competitions may receive academic credit. (2 units)

205 Administrative Law

Administrative Law addresses the practices and procedures by which administrative agencies act to implement governmental policies, as well as the rights citizens have to seek judicial review of agency actions. The course includes a review of the constitutional principles of separation of powers which determine the roles of the President, Congress and the Judiciary in overseeing administrative agencies. A particular focus is on federal administrative law and the operation of the Administrative Procedure Act, which govern the promulgation of rules and orders by federal administrative agencies, as well as the rights of citizens to challenge such agency action in court and seek monetary and injunctive relief. (3 units)

208 Animal Law

This course examines the legal status of animals, including related history, philosophy, statutes, and case law. Should the legal status of animals be changed? Topics include the treatment of pets during marital dissolutions, the availability of emotional distress damages where animals are injured, criminal laws regarding animal abuse, will provisions calling for the destruction or care of animals, the Animal Welfare Act and the Endangered Species Act. (2–3 units)

214 Bankruptcy

This course covers the rights and responsibilities of debtors and creditors under chapters 7, 11, and 13 of the Bankruptcy Reform Act. (3 units)

215 Employment Law

This course provides an overview of various legal issues arising out of the employment relationship and the termination of the employment relationship. There will be an emphasis on employment discrimination, wrongful termination and related torts. (2 units)

216 Labor Law

This course covers federal, state, and local legislation, regulations, and interpretations thereof regarding organization and collective bargaining from the National Labor Relations Act through recent California legislation. (3 units)

217 Civil Rights

This course is a study of constitutionally protected rights, causes of action arising under 42 U.S.C. 1983 and other statutes, defenses and immunities of individuals and government, damages, and equitable relief. (2–3 units)

219 Family Law Mediation

This course is an overview of the law, policies, and practices of mediation in family law matters, as well as the roles of attorneys in mediation, confidentiality, conflicts of interests, and mediation standards. Class attendance and completion of a research project are required. (This class is not open to first-year students who are petitioning the faculty regarding eligibility to remain in the law program following release of spring final grades.) (1 unit)

221 Peacemaking and the Law

Lawyers deal with conflict everyday, but have little understanding of it. In addition, lawyers are trained in an adversary ideology that may not be appropriate for every conflict. This class introduces students to theories of human conflict, conflict analysis, theories of mediation and theories of justice, including restorative justice. Subjects covered will include theories of human nature, the sociology of conflict, the psychology of conflict, the neurophysiology of conflict, religion and conflict, conflict analysis, justice, conflict resolution models, and mediation theory. (2 units)

225 Civil Trial Practice

This course covers civil trial preparation and presentation, including file summary and organization, voir dire, direct and cross examinations, and opening and closing arguments. Rules of evidence and trial objections are included. Extensive class participation including the mock trial of a civil action is required. (3 units)

230 Federal Courts and the Federal System

This course is an advanced seminar analyzing select issues relating to federal court jurisprudence. Topics will include the authority of Congress to restrict the jurisdiction of the federal courts, justiciability (standing, mootness, ripeness, etc.), subject matter jurisdiction of federal courts, the Eleventh Amendment, federal common law, abstention and federal civil rights under 42 U.S.C. § 1983. Completion of this course will give the student a greater sense of confidence in practicing before federal courts. (2 units)

237 First Amendment - Speech

This course focuses in depth upon the constitutional issues surrounding government regulation of speech. While developing an analytical framework for resolving freedom of speech problems, the class expands upon the scope of free speech issues covered, the complexity and sophistication of the legal principles involved, and the depth of examination of the policy considerations underlying those legal principles. Constitutional Law is NOT a prerequisite: to the extent general elements of constitutional law are relevant, they will be included in class discussion. (3 units)

238 Rule of Law in Constitutional Interpretation

Law has been described as the enterprise of subjecting human conduct to the governance of rules. This seminar examines various theories on the characteristics and necessary elements of law, and how these theories affect the interpretation of law, specifically in the context of constitutional adjudication. Pass/fail grading is optional. Grading is based upon class discussion and an analytical paper. (3 units)

240 Law and Agriculture

This course is a survey of law uniquely applicable to the conduct of agricultural business enterprises, including title problems, easements, oil and gas leases, financing, water rights, the Public Trust Doctrine and Reclamation Law. Prerequisite: 160 Real Property. (3 units)

241 Land Use

This course is a consideration of the relative rights of the state and the individual concerning the use and regulation of land. Course topics include nuisance law, eminent domain, community planning, zoning, local land use entitlements, subdivision maps, environmental regulations, development fees, inverse condemnation, and judicial review. (2 units)

243 Environmental Law

This course is an introduction to the National Environmental Policy Act, the California Environmental Quality Act, and other topics to be designated by the instructor. (3 units)

244 Water Law

This course examines the development of water law from English and Eastern riparian theory, through the California and Western prior appropriation doctrine, and then to present day institutional, statutory, and judicial water resource governance. (2 units)

245 Family Law

This course is an introduction to the laws and procedures relating to marriage and family relations, including the rights and obligations of spouses, terminating the marital relationship, parent and child relations, child and spousal support, non-marital relationships, and adoptions, with an emphasis on practice under the California Family Code. (2 units)

247 Comparative Family Law

This course surveys selected family law topics by doing a comparative analysis of the laws of various jurisdictions, historically and modernly. By understanding the various legal approaches taken by courts in regard to specific legal issues, the students will consider and evaluate the strengths and weaknesses of the various approaches in light of important public policy considerations.

250 Advanced Criminal Law

This course is a survey of current and advanced topics in criminal law interrelated with the practical aspects of pre-trial and trial practice in the criminal arena, including arraignments, plea-bargaining, sentencing, and trial tactics. Both state and federal practices are included. (3 units)

251 Criminal Trial Practice

This course will present a detailed analysis of the elements of each stage of a criminal trial. The conduct of a complete trial will be emphasized; however, trial preparation, sentencing and post trial responsibilities of counsel will be included. Practices in state trial courts will be emphasized. Class participation is required. (3 units)

255 Juvenile Courts

This course is an introduction to the unique substantive and procedural aspects of the juvenile delinquency and dependency systems. (2 units)

256 Children and the Law

This course explores how the law allocates power and responsibility for children in our society. Who decides on behalf of a child? Who should have the power to decide? A systematic review of laws relating to children provides a base for analyzing contemporary legal issues affecting children – in the home, in the school, and in society. To what extent should our laws protect children? Specific topics include the judicial allocation of power between parents and the state, state-enforced limitations on the liberty interests of minors, and society’s interest in holding children accountable. (2 units)

260 Civil Litigation

This course involves an analysis of pre-trial skills and tactics, including fact gathering, investigation, preparation of witnesses, deposition purposes and skills and other discovery devices, negotiations, arbitration, and theory of the case. (3 units)

263 Jurisprudence I & 269 Jurisprudence II

Two part series offered in successive spring semesters. Each part is independent and can be taken separately. The first part examines the concepts of justice, law, nature, order, reason, virtue and power as reflected in the writings of ancient Greek, Roman and Medieval thinkers, such as Plato, Aristotle and Thomas Aquinas. The second part examines these ideas but in the 16th through the 19th century writings of thinkers such as Machiavelli, Hobbes, Locke, De Tocqueville and Marx. These writings represent a departure from and displacement of the ancient and medieval teleological and transcendent view of man and his relationship to God, nature and society with a radically different view that has become the foundation of the modern world. Each course employs the Socratic method of discussion and analysis, not lecture. Grades will be based on a final paper and class participation.

266 Insurance Law

This course covers the basics of insurance law including the types of insurance policies used by individuals, corporations, and partnerships, how courts interpret insurance contracts, the insurer’s duty of good faith and fair dealing, and the insurer’s duty to defend and indemnify policyholders. This course addresses practical issues facing attorneys as they defend or litigate against insurance companies. (3 units)

279 Patent Law

This course provides an overview and introduction to the substantive law of patents. The course examines the doctrines of novelty, utility, and obviousness in the context of the application process; disclosure, claiming and statutory bars; the scope of protection afforded by patents; infringement, enforcement, remedies and defenses.

281 Copyright/Trademark Law

This course provides an overview and introduction to the substantive law of copyrights and trademarks under federal law. The course examines the protections afforded through copyrights and trademarks, application processes, practice before the Trademark Trial and Appeal Board (TTAB), infringement, enforcement, remedies and defenses.

282 Introduction to International Law

This course is designed to provide a general understanding of the international law system (the nature, sources, subjects, and objects in international law and the basic treaties). In addition, the course will discuss with more detail the biggest factors and conventions in international commerce (including but not limited to WTO, GAAT, and NAFTA; export/import issues; letters of credit in international transactions; Incoterms and CISG as well as the US law impacting the international Trade-E-Sign Act, FCPA, and MLC Act). Additionally, the course will discuss conflict-of-law issues and actual international law issues such as European constitutions, international criminal court, etc. (3 units)

284 International Commerce LawThis course is designed to provide a general understanding of the international law system (the nature, sources, subjects, and objects in international law and the basic treaties). In addition, the course will discuss with more detail the biggest factors and conventions in international commerce (including but not limited to WTO, GAAT, and NAFTA; export/import issues; letters of credit in international transactions; Incoterms and CISG as well as the US law impacting the international Trade-E-Sign Act, FCPA, and MLC Act). Additionally, the course will discuss conflict-of-law issues and actual international law issues such as European constitutions, international criminal court, etc.

285 Writs and Appeals

The course covers extraordinary writs and a few special problems of appeal in both criminal and civil cases, with an emphasis on California Practice (although federal habeas corpus will be treated in some detail). (2 units)

293 Real Estate Secured Transactions

This course covers California Law affecting mortgages, deeds of trust and other methods of using real property to secure loans. It includes explanation and comparison of rules governing judicial and non-judicial foreclosures, deficiency judgments and antideficiency legislation. Completion of the general Real Property Course 160 is a prerequisite; however, exceptions may be permitted with the instructor’s approval. (3 units)

350, 351 Clinical Program

Students work under the direction of an attorney in a variety of established settings, including: the District Attorney’s Offices in Fresno, Tulare, Madera, and Merced counties; the Public Defender’s Offices of Fresno, Tulare, and Merced counties; the Superior Courts of Fresno and Tulare counties; the California Court of Appeal for the Fifth District; the Federal District Court, Eastern Division; the U.S. Attorney General’s Office; the Federal Defender; the California Attorney General’s Office; County Counsel of Fresno County; Fresno City Attorney’s Office; Central California Legal Services; California Rural Legal Assistance. Students may also work in an arranged private legal setting with approval of the Associate Dean. (1 - 4 units)

355 Clinical Program - Small Claims

Under the supervision of an attorney, trained SJCL students provide free legal assistance to residents filing or defending actions in the Small Claims Court. Students explain procedures and clarify options for potential litigants. (1 unit)

360 Clinical Program - Family Law Mediation

Under attorney supervision and training, students in this program act as mediators in family law property division settlements as a cost-effective and less stressful alternative to litigation. (1 - 4 units)

381 Directed Research in Legal Problems

Students may undertake in-depth research in particular fields of the law with the consent and direction of an instructor. The results of the research are embodied in a paper. Pass/Fail. (1 unit)

420 Law Review Editorial Board

Students serving on the San Joaquin Agricultural Law Review Editorial Board may earn units for successful discharge of their editorial duties. (3 units)

421 Law Review

Law Review provides academic credit to students who have successfully completed a publishable piece for the San Joaquin Agricultural Law Review and satisfactorily performed all duties assigned by the Law Review Editorial Board. (3 units)