Upper-Level 16 - College of Law

633: Business Associations (Graduate Students)

Business Associations I is the foundational course in the corporate series. The course begins with an examination of the building block of firms (business associations): the agency relationship, in which one person acts on behalf of another and subject to the other’s control. This course will examine the law governing agency’s internal relationships (the rights and obligations between the agent and the person on whose behalf the agent acts – the principal), as well as the law governing agency’s external relationships (the rights and obligations between the agent or the principal and a third party with whom the agent interacted). Next, the course will study the firm: relationships in which there are multiple “principals”, or co-owners. After a survey of types of firms (the corporation, partnership, LLC, etc.), we will again consider the firm’s external relationships (including limited liability and veil piercing) and internal relationships (corporate governance). As we will see, the law for firms is based on that of agency relationships, but more elaborate and occasionally different because it must also address the increased complexity of having multiple co-owners.

Sequence and Prerequisites: Business Associations I is the first course in the Corporate Law curriculum. It is a prerequisite for many of the other courses.

631: Secured Transactions (Article 9)

At its core, secured credit is the law that governs a creditor’s right to seize a debtor’s property in repayment of a debt. The Secured Transactions course has two major parts: creditors’ rights against debtor and creditors’ rights against the rest of the world. The course will emphasize Article 9 of the Uniform Commercial Code but also will cover other topics such as real-estate lending and security interests in intellectual property. Secured transactions law touches both individuals and large corporations. The course will cover automobile loans to a consumer and multibillion dollar accounts receivable finance. The course is taught using the problem method and emphasizes a practical lawyering approach.

Sequence and Prerequisites: None

Evaluation: Administered final examination

693: Family Advocacy Clinic

Students in the Family Advocacy Clinic will represent parents and children involved in the juvenile abuse and neglect system under the supervision of an experienced attorney. Students will be responsible for all aspects of the legal representation of their clients including challenging adjudicatory allegations in court, establishing visitation rights for the parents, and developing appropriate plans for reconciliation. Students will learn the substantive and procedural law associated with abuse and neglect proceedings. In addition, students will be trained and gain experience in skills such as interviewing, counseling, case planning and strategy, fact investigation, negotiating, research, drafting, motion practice, oral advocacy and trial work. This is a five credit, graded course that includes both a clinic and simultaneous seminar. Students will be expected to complete a minimum of 225 hours in the course of the semester. Client obligations must be met on a case by case basis; students should have flexibility in their schedules to meet the demands of their cases.

Sequence and Prerequisites: A student must be eligible for certification under Illinois Supreme Court Rule 711 which requires, among other things, that a student has completed 45 semester hours toward graduation.

Evaluation: This is a five credit, graded course that includes both a clinic and simultaneous seminar. Students will be expected to complete a minimum of 225 hours in the course of the semester. Grades will be based on completion of tasks and performance in the course.

Course Classification: Experiential

692: Legal Externships

Externships are designed to expose 2L and 3L students to practical aspects of lawyering by allowing students to earn academic credit for performing legal work, under the supervision of lawyers at approved non-profit organizations, governmental agencies, or judges. Students will complete assignments such as interviewing clients and witnesses; researching legal questions; preparing pleadings, discovery motions, and briefs; and, in some instances, trying cases.

The student must have his or her externship approved by the College of Law’s Externship Director before beginning to work. The student earns one ungraded credit hour for each 60 hours of work. The student must work for the same agency for at least 120 hours or 2 credits (minimum) during a single semester. No credit will be allowed unless the minimum hour limitation is satisfied in a single semester. There is a 9 credit hour maximum for the number of credits a student may earn over his or her entire law school experience, with only 4 credit hours being available in any one semester. The maximum and minimum credit hour limits are strictly enforced.

For more information, please visit the Externship page on the intranet.

Sequence and Prerequisites: Successful completion of all first-year required courses.

Evaluation: In addition to meeting the hourly work requirements, the student must timely submit all required periodic time reports, reflection papers, and final evaluation of his or her experience.

Course Classification: Experiential

693: Intellectual Property Clinic – Patent

The IP Clinic provides students with real-world trademark and patent prosecution experience and is intended as a capstone class for those entering the practice of trademark or patent law. The IP Clinic includes a Patent Track and a Trademark Track.

In the Patent Track, student-innovators with potentially patentable inventions are referred to the IP Clinic by the Technology Entrepreneur Center (TEC) at the College of Engineering. The Clinic Participants then review the innovations, search the relevant prior art, select an innovation, and work with the inventors to draft a patent application with regard to their innovation in consultation with the instructor. Completed patent applications are provided to the inventors for filing with the U.S. Patent and Trademark Office (PTO). Participation in the Patent Track requires successful completion of LAW 797 Patent Prosecution

Sequence and Prerequisites: Patent Law (LAW 645) and Patent Prosecution (LAW 797) are required prerequisites. Due to the fast pace and high level of competence required, participation in the Patent Clinic is only recommended for students who earned at least a B+ in Patent Prosecution. Cannot be taken with any Law 693, Clinic course during the same semester.

Evaluation: Clinical projects.

Course Classification: Experiential

694: Moot Court

Moot Court is a graded experiential appellate advocacy course conducted in the fall (2 hours) and spring (2 hours) semesters for a total of four credit hours. Enrollment is by audition only. Per ABA Standard 310, in order to earn two credit hours per semester, each student must account for 90 hours of time. Eligibility for Moot Court requires the prerequisite or co-requisite of Professional Responsibility in Advocacy. Advanced Appellate Advocacy, Trial Advocacy, and Evidence are highly recommended.

Students who accept the invitation to join Moot Court will undergo rigorous training with a practitioner coach and periodic bonus critiques from College of Law faculty, Illinois alumni, and additional seasoned practicing attorney volunteers as competition weekends approach. Students enrolled in the course will also be required to participate in either a summer training program that will be provided remotely via Zoom or a series of trainings held on campus at the beginning of the fall semester. The Anderson Center for Advocacy and Professionalism will also provide additional workshops and programs to help with overall development as well as individual optimization.

Moot Court competitions provide hands-on experiential training for future lawyers. It also offers student development in prevailing over practical challenges that lawyers typically face in modern legal practice. In addition to polishing their basic appellate advocacy skills, team members learn to analyze and master a record of trial, draft appellate briefs, navigate an appellate courtroom, engage in a conversation with an appellate court, and effectively employ complicated legal issues.

Each Moot Court member will participate in two interscholastic tournaments each academic year at both the national and regional level. Moot Court members will be expected to write a brief for each competition and to be prepared to provide oral argument for each competition.

Students are selected for Moot Court through an audition process which is traditionally held in mid May following final examinations.

Course Sequence and Co/Prerequisites: Students must complete Professionalism and Advocacy in the Spring semester as a co or pre-requisite. Advanced Appellate Advocacy, Evidence, and Trial Advocacy are highly recommended.

Evaluation: Moot Court Team is a two-hour graded course. Grades will be based on participation and performance in the moot court training program, the completion of the written competition brief, participating in Moot Court Board activities (such as conducting moot court practice sessions with other moot court members), a graded dress rehearsal before the Anderson Center Director prior to the competition, and preparation and professionalism in practices and at the competition.

Course Classification: Experiential

793: Advanced Legal Writing: Appellate Advocacy

This course will provide advanced instruction in written and oral advocacy, allowing students to build on the skills they developed in their first-year Introduction to Advocacy course. Class sessions will focus on a variety of topics, including advanced brief writing and editing strategies and oral argument techniques. Students will engage in interactive exercises, such as critiquing excerpts of real-world briefs; developing a compelling theme and incorporating it throughout key aspects of a brief; and video recording and self-critiquing oral arguments. Students will receive extensive one-on-one feedback as they research, draft, and rewrite an appellate brief and present practice oral arguments. The semester will culminate with final oral arguments before practicing attorneys and judges.

Sequence and Prerequisites: Successful completion of the first year Legal Writing curriculum (Legal Writing & Analysis, Legal Research, and Introduction to Advocacy).

Evaluation: The course will be graded based upon written work and oral presentations, including the appellate brief and final oral arguments.

Course Classification: Experiential

694: Trial Advocacy for Graduate Students: Civil Cases with Labor and Employment Law Emphasis

Trial Advocacy is a course about trial skills. To develop and to use the fundamental skills of a trial lawyer, students complete a series of assigned problems, perform in the courtroom setting, and prepare and complete a trial.

Students will understand what it takes to become a good trial lawyer by using a combination of their own personality and courtroom style, the attained understanding of trial skills, a bit of common sense and lots of experience. Trial Advocacy provides a first step towards developing these qualities.

LLM students will receive instruction in case analysis, issue recognition, witness preparation, courtroom presentations in the areas of direct and cross examination, foundations to admit exhibits, expert witnesses, expert witnesses, jury selection, opening statements and closing arguments. Only civil case file materials will be used in LLM Trial Advocacy.

Sequence and Prerequisites: None

Evaluation: Because this course emphasizes “learning by doing” attendance will be required. Grading will be largely subjective based on the Professors evaluation of the student’s preparation for and presentation of specific assignments. Student improvement over the semester will factor in significantly to the final grade.

793: Negotiation Skills and Strategies

Students will develop a theoretical and practical understanding of the negotiation process and actively apply that understanding in simulated negotiations. Through lecture, readings, simulations, and critical self-analysis of simulation results, students will explore what constitutes a satisfactory negotiation and why negotiations often result in impasse.

Evaluation: Student evaluation is based on four equally-weighted criteria: full class participation (including attendance, preparedness for negotiations, and class discussions), submission of materials related to the simulated negotiations, submission of four short papers applying course concepts to simulated negotiations, and a final paper applying course concepts to a real world negotiation chosen and conducted by the student.

Attendance is particularly critical in a negotiations class where much of the work is conducted via in-class exercises in which students rely on their fellow students to participate. Missed classes will entail a one-third of a grade deduction from the final course grade for each missed class after the first, and if not justified by the sorts of explanations that would satisfy a judge in the case of a lawyer missing a hearing, will entail an additional one-third grade deduction for each class missed after the first. Must add/drop before the second class session.

Sequence and Prerequisites: None

Course Classification: Experiential

793: CFI: Interviewing, Counseling and Fact Investigation

“CFI” is designed to help students understand and develop core lawyering skills, including effective techniques in fact gathering, client and witness interviewing, and client counseling under a range of realistic scenarios. Lawyers need to apply these skills alongside their factual and legal analysis to represent clients competently in every legal setting from litigation to transactional planning.

Specifically, the objectives of this course are for students to develop an understanding of:

the client-centered approach to lawyering
the structure of an interview
the relationship between interviewing, fact development, and theory development; and
client-centered counseling techniques

CFI is a problem-based simulation course. Students read and master theory and information from various disciplines and practice what they have learned in a variety of simulated interactions with clients and witnesses. CFI fits naturally as the first of a sequence of theory-based skills courses. The focus on investigation naturally precedes Trial Advocacy, the Clinics, and Negotiation.

Please note that this course has a restricted drop date for pairing purposes.

Sequence and Prerequisites: None

Evaluation: Assessment is based on a combination of written analysis, demonstration of skills through video recorded performances, and meaningful class participation.

Course Classification: Experiential