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Course Descriptions
Below is a list of courses regularly offered at the College of Law. For the most current list, check the current semester's class schedule on the Academic Administration web page. For full course descriptions, enrollment limits, prerequisites, and other information, visit the Law Student Handbook.
First-Year Courses
813 Contracts I
3 credits, Fall
Basic elements of private, consensual agreements enforced by law: formation, principles of bargain or reliance, methods to police the bargain, interpretation, performance/ breach and remedies for breach, defenses to liability, and the rights and liabilities of third parties upon assignment and delegation.
1L course required for graduation.
814 Contracts II
3 credits, Spring
Continuation of Contracts I.
1L course required for graduation.
812 Criminal Law
3 credits, Spring
The sources and purposes of the criminal law, the meaning of criminal responsibility, the elements of crimes, and the administration of criminal justice.
1L course required for graduation.
805 Introduction to Law and Procedure
3 credits, Fall
Introduction to the history, institutions, and philosophy of law; the roles and responsibilities of lawyers; the nature of legal claims; the process of legal analysis and reasoning; and the principles of statutory interpretation. Introduction to civil procedure in state and federal courts, including jurisdiction, trials, and the preclusive effect of judgments.
1L course required for graduation.
815 Legal Research and Writing
5 credits, Year-long course
An introduction to traditional and computer-assisted legal research, objective and persuasive legal writing, and oral argument.
1L course required for graduation.
806 Procedure II
3 credits, Spring
Continuation of Introduction to Law and Procedure, including jurisdiction, venue, pleading, joinder of claims and parties, motions, discovery, trials, judgments, and appellate procedure.
1L course required for graduation.
807 Property I
3 credits, Fall
Future interests, landlord and tenant, bailment, easements, covenants respecting the use and enjoyment of land, rights incident to land ownership and fixtures, adverse possession, gifts of personal property, conveyance of land, recording acts, land title assurance, and public control of land use.
1L course required for graduation.
808 Property II
3 credits, Spring
Continuation of Property I.
1L course required for graduation.
809 Torts I
3 credits, Fall
The common law providing private redress for injuries primarily to person or property. The course examines the three basic theories of tort liability: intent, negligence, and strict liability.
1L course required for graduation.
810 Torts II
2 credits Spring
Continuation of Torts I.
1L course required for graduation.
Upper-Division Courses
907 Administrative Law
3 credits, Fall
An examination of the constitutional limits on administrative agencies, the procedural requirements for agency decision making, and judicial review of agency actions. The focus is on federal administrative law.
901 Advanced Legal Research Seminar
2 credits, Spring
Advanced study of legal research in materials including cases, statutes, administrative law sources, looseleaf services, electronic databases, treatises, law reviews, newsletters, government documents, international and foreign law sources, and non-legal research tools.
967 Advanced Legal Writing
2 credits, Spring, Alternate years
This course will focus on advanced writing concepts, including advanced study of standards of review, development of policy arguments and legislative intent analysis, writing jury instructions, drafting statutes, and drafting judicial opinions; additionally, there will be a heavy emphasis on style. As such, it is assumed that students have mastered the skills learned in Legal Research and Writing.
910 Antitrust and Trade Regulations
3 credits, Spring
Regulation of economic activity in a free enterprise system. Antitrust laws examined in detail.
955 Appellate Advocacy Program (McNichols Competition)
2 credits, Fall
A brief-writing seminar including two briefs and the preliminary oral arguments of the McNichols Competition. The faculty adviser is the final arbiter of the number of credits awarded within the guidelines.
956 Appellate (Moot) Court
1–2 credits, Fall, Spring
Preparation of appellate briefs and argument of cases orally in regional or national competition; grading and evaluating briefs of students participating in second-year appellate advocacy program (with approval of the faculty adviser of the second-year appellate advocacy program). The faculty supervisor of each competition is the final arbiter of the number of credits awarded within the guidelines. Only those students who will complete all the activities for their appellate moot court program (including attending the competition) by the end of fall semester may register for credits in the fall semester; all other students eligible for credits under this course register in the spring.
926 Bankruptcy
3 credits, Fall
Federal bankruptcy law, the collective forum for resolving the rights of financially distressed debtors and their creditors, emphasizing basic principles applicable to all filings, liquidation, or rehabilitation of consumer debtors, and the pervasive effect of bankruptcy on everything from family law to business transactions and relationships.
921 Basic Legal Accounting
1 credit, Fall
Examination of basic accounting principles designed as background for the tax and business law courses for those students without accounting and business experience and intended to make the lawyer conversant with accountants.
919 Business Associations
4 credits, Fall
Agency, partnerships, corporations, and other types of business organizations; limitations on powers and authority of partners, corporate officers, and directors.
927 Business Entities Taxation
4 credits, Spring
Examination of the federal taxation of pass-through entities and corporations; topics include formation, operations, allocation, distributions, and liquidation; the opportunity to study the concepts of business enterprise taxation as an integrated unit.
964 Children and the Law
2 credits, Spring, Alternate years
The legal status of children, including topics such as the parent-child relationship, guardianship, representation of children, neglect, and adoption.
912 Civil Mediation
2 credits, Summer
A study of conflict resolution, negotiation, and mediation theory, process, and skills. Exploration of each stage of the mediation process and attendant strategies and skills. Offered through the Northwest Institute for Dispute Resolution.
977 Clinical Lab
1 credit (maximum 6 credits), Fall, Spring
Specialty labs offering an opportunity for interested 2Ls and 3Ls to assist legal clients in a limited subject matter. The labs, supervised by experienced practitioners, are designed to allow students to obtain practical experience in conjunction with upper-division substantive courses. Labs often offered include Bankruptcy and Children and the Law.
945 Community Property
2 credits, Spring
Special problems that arise in connection with the community property system in the western states.
960 Conflict of Laws
2 credits, Spring
A study of the principles for deciding which law applies to incidents and transactions crossing state lines and of the constitutional limitations on a state’s rights to impose its own law in suits arising out of such incidents and transactions; enforcement of foreign judgments, the jurisdiction of courts, and the special jurisdictional problems in domestic relations cases.
902 Constitutional Law I
3 credits, Fall
An examination of the institution of judicial review and the constitutional divisions of government power in the United States; the principles of separation of powers and federalism, and the constitutional protection of certain individual rights and liberties, particularly under the 14th Amendment.
2L course required for graduation.
905 Constitutional Law II
3 credits, Spring
Continuation of Law 902 (Constitutional Law I). Study of individual rights and liberties protected by the Constitution, with emphasis on civil rights legislation under Section 5 of the 14th Amendment, the “state action” doctrine, and freedom of speech and religion under the 1st Amendment.
2L course required for graduation.
925 Creditors’ Rights and Secured Transactions
3 credits, Spring
Comparison of unsecured and secured credit; analysis of the creditation, perfection, priority, and enforcement of judicial and statutory liens and consensual Article 9 security interests; methods used to collect debts and judgments; and the interplay between Article 9 and other law such as the Federal Tax Lien Act and agricultural statutory liens.
953 Criminal Procedure
3 credits, Spring
Search and seizure, arrest, interrogation, identification, right to counsel, and guilty pleas, with special attention to constitutional law and pre-trial procedures.
959 Critical Legal Studies
2-3 credits (maximum 3), Fall
Critical Studies focuses on deconstructing traditional hierarchies within the law and legal institutions and looks to foster change by critically analyzing the law and these institutions. This course will cover one or more of the following subjects: Feminism, Critical Race Studies, Race-Feminism, Gender/Gender Identity/ Queer Studies. 3-credit course covers more areas of study.
981 Critical Legal Studies Journal
1-4 credits (maximum 4), Fall, Spring
Participation in the student-edited online law journal the crit. Credit is awarded upon approval of the editor-in-chief and faculty advisor.
918 Cyberlaw
3 credits, Fall
Introduction to the legal and policy challenges presented by the revolution in creative and commercial activity generated by the advent of the Internet. Topics will include jurisdictional issues arising from the transnational and fundamentally placeless character of digital commerce and communication; questions concerning rights to free speech and privacy on the Internet; and debates concerning the status of intellectual property online and the online distribution of creative content. The course will consider efforts by Congress to regulate -- and by private parties to control -- various types of online activities, including, among others, "cybersquatting," peer-to-peer file-sharing, the distribution of "spam" and pornography, and online speech.
983 Directed Study
1-2 credits (maximum 4), Summer, Fall, Spring
Individual research on a significant legal problem and the writing of a paper that must be approved by the faculty member under whose direction the work is done.
914 Dispute Resolution
1 credit, Summer
Specialty course in dispute resolution offered through the Northwest Institute for Dispute Resolution. Course topic and content will be announced in advance.
968 Domestic Violence and the Law
2-3 credits, Spring, Alternate years
This seminar will cover the legal system's response to the problem of domestic violence and, to a lesser extent, stalking, and sexual assault. Students will explore both civil and criminal avenues of redress. Existing shortcomings of those responses, and proposed reforms, will be examined. The course will address how domestic violence is treated in a variety of legal contexts, including in relation to child abuse, custody, visitation, mediation, parent education at divorce, relocation, child abduction, and torts. Seminar students will partner with legal interns in the Domestic Violence and Sexual Assault Clinic to assist them on actual domestic violence and sexual assault cases.
965 Elder Law
2 credits, Spring, Alternate years
An overview of the legal regimes and practical issues that face lawyers representing older clients. Issues covered may include elder abuse and crime, health care and health care decision-making, housing, income maintenance, long term care, property management, and ethical issues in representing elder clients.
947 Environmental Law I
3 credits, Fall
Environmental planning and protection, regulation of air and water pollution, waste disposal, use of pesticides and other toxic chemicals, and remedies for environmental injury.
951 Environmental Law II
3 credits, Spring
An examination of advanced topics in environmental law.
932 Estate Planning
3 credits, Fall
Inter vivos, testate, and intestate disposition of property with emphasis upon estate and gift tax impact and consideration of the law of future interests.
950 Evidence
3 credits, Spring
The law governing the presentation of proof in Idaho and federal courts.
963 Family Law
3 credits, Fall
Legal problems of the family, including marriage, annulment, adoption, and divorce.
913 Family Mediation
2 credits, Summer
A skills-based study of family mediation designed for those wishing to mediate or represent persons in the mediation process. Topics covered include structuring the mediation process, guidelines for division of assets, construction of parenting plans, and ethical concerns. Offered through the Northwest Institute for Dispute Resolution.
904 Federal Courts
3 credits, Fall
The constitutional structure and the practical role of the federal court system, with great emphasis on the working relationship between federal and state courts.
935 Idaho Constitutional Law
3 credits, Offered irregularly
Survey of the Idaho Constitution, with particular emphasis on those sections that caused controversy at Idaho’s constitutional convention and remain important today.
931 Intellectual Property: Patents and Copyrights
2 credits, Fall
Survey of the law relating to the creation and enforcement of patents and copyrights.
922 Intellectual Property: Unfair Competition
2 credits, Fall
Survey of the common law and statutory means by which a business can protect its names, the marks used to identify its products and services, and the ideas, information, and business relationships which it has developed; trade names, trademarks, trade secrets, and other aspects of the law regulating unfair competition.
915 International Business Transactions
3 credits, Offered irregularly
The study of issues and general rules related to the conduct of business in the international market with emphasis on international sale of goods, and import and export regulation.
938 International Environmental and Water Law
3 credits, Offered irregularly
An examination of international environmental law and the law of international watercourses.
929 International Income Taxation
2 credits, Offered irregularly
The taxation of United States citizens and resident aliens on their worldwide income and the taxation of non-resident aliens on their United States income.
908 Introduction to the Law of the Workplace
4 credits, Fall
A survey course covering state common law exceptions to the employment at will doctrine, federal anti-discrimination statues, federal statutory protection of collective activity, and other state and federal law governing the employment relationship. The class explores the processes of hiring, firing, and setting the terms and conditions of employment.
961 Jurisprudence
2 credits, Fall
Consideration of the various views and philosophies of law as expressed in classical and contemporary writings; methods of legal analysis; the relationship between law and justice, between law and power, and between law and truth.
934 Land Use Law and Planning
3 credits, Spring
This course addressed the regulation of private lands by state and local governments; will investigate social and cultural agreements about land as influenced by and institutionalized in Constitutional protections, state statutory regimes and local programs; and will develop a working knowledge of the general legal principles, and policy and planning issues relevant to private land management.
939 Law and Science
3 credits, Spring, Alternate years
The use of science in the courtroom in agency decision-making, with emphasis on natural resources and environmental law. This course will explore both the process and substantive areas of selected areas of science and the law.
982 Law Review
1-4 credits (maximum 4), Fall, Spring
Participation in the student-edited Idaho Law Review. Credit is awarded upon the approval of the editor-in-chief and faculty advisor.
971 Lawyering Process
2 credits, Spring
Client representation skills, with an emphasis on pre-trial civil litigation; classroom and simulation instruction in interviewing, counseling and negotiating skills, pleading, discovery, and motion practice.
974 Legal Aid Internship
3 credits (maximum 6), Summer, Fall, Spring
In this two-semester course, students represent clients in civil and criminal cases. Field trips required when appropriate for serving clients. In 2008-2009, there are seven Clinics:
- Appellate Advocacy
- Domestic Violence and Sexual Assault
- General Clinic
- Immigration Law Clinic
- Low Income Taxpayer Clinic
- Mediation Clinic
- Victims' Rights Clinic
966 Legal Drafting
2 credits, Spring, Alternate Years
This course will familiarize students with transactional and litigation documents, writing for different audiences, and the effective and appropriate use of forms. Students will focus on strategic use of language, avoiding ambiguity, and writing with clairty. General topics covered will include client letters, contracts, and a complaint and answer.
972 Legal Externship, Academic Year
1 credit, Fall, Spring
Legal work under the supervision of judges or government, nonprofit, or private attorneys.
944 Local Government and Land Use Law
3 credits, Offered irregularly
Legislative, regulatory, tax, and borrowing authority of local government; contract and tort issues; special attention to land use regulation. A research paper may be required instead of an examination depending on size of class.
957 Mock Trial
2 credits, Fall, Spring
Participation as an attorney on the D. Craig Lewis mock trial team in regional or national competition. The faculty supervisor of each competition is the final arbiter of the credits awarded within the guidelines.
949 Native American Law
3 credits, Spring
Study of judicial, statutory, and administrative materials concerning the historical development of federal Indian Policy, treaties, the trust relationship, tribal sovereignty and self-government, civil and criminal jurisdiction, rights of individual Indians, state’s rights, hunting and fishing rights, and the natural resources of tribes.
937 Natural Resources Law and Legal History
3 credits, Fall, Alternate years
Historical examination of the role of law in shaping the evolution of resource use and management in the Pacific Northwest.
906 Natural Resources Law and Policy
3 credits, Fall, Alternate years
A study of selected topics in natural resources law and policy. Topics vary with the interest of the instructor and students.
923 Negotiable Instruments, Bank Collections and Deposits, and Other Payment Systems
3 credits, Spring
The study of paper-based and other methods of payment under state and federal law with primary focus on the law of Negotiable Instruments under Article 3 of the Uniform Commercial Code, Bank Deposits and Collections, and Electronic Funds Transfers under Articles 4 and 4A of the UCC and Federal Reserve Board Regulations J and C and related federal statutes.
917 Negotiation and Appropriate Dispute Resolution
2 credits, Fall
Simulation and seminar-style instruction in negotiation techniques, mediation, and arbitration, focusing on skill development and legal and ethical issues frequently faced by lawyers.
911 Principles of Suretyship
1 credit, Fall
General overview of principles of suretyship and guaranty including rights of the guarantor, guarantors’ defenses, and unique applications of suretyship doctrine.
962 Professional Responsibility
2 credits, Spring
Status and function of the legal profession; responsibility to clients, the profession, the public, and the administration of justice.
2L course required for graduation.
916 Public International Law
3 credits, Fall
Survey of major areas of the law of nations and international organizations.
948 Public Land Law
3 credits, Offered irregularly
History of public lands; special problems arising from ownership of land by governments.
975 Public Service Externship, Classroom Credit
1–5 credits (maximum 10), Summer
Students work in selected public service placements under the supervision of experienced judges and lawyers. Students must attend periodic classes.
973 Public Service Externship, Non-Classroom Credit
1-10 credits (maximum 10), Summer
Includes placements with judges, prosecutors, public defenders, other government attorneys, or attorneys for nonprofit organizations. The following courts and offices have programs with standing approval of the director: Idaho Supreme Court and Court of Appeals, the United States Court of Appeals for the Ninth Circuit, the United States District Court for the District of Idaho, the Attorney General of Idaho, and the United States Attorney for the District of Idaho.
943 Real Estate Finance
3 credits, Spring
Mortgages, deeds of trust, installment land contracts, construction financing, mechanics’ liens, sale and leasebacks, and ground leases; brief coverage of condominiums, shopping center leases, and real estate listing agreements.
952 Remedies
3 credits, Spring
Consideration of legal and equitable relief available to aggrieved parties in contractual or other relationships.
924 Sales
3 credits, Fall
The study of the law relating to the sale of goods under Article 2 of the Uniform Commercial Code and related statutes and treaties, including introduction to the structure, purposes, and policies of the Uniform Commercial Code.
920 Securities Regulation
3 credits, Spring
The law of corporate finance under the Securities Act of 1993 and the Securities Exchange Act of 1934.
976 Semester in Practice
1–12 credits (maximum 12), Spring
Externing in the public sector under the supervision of the Director of External Programs and a field placement supervisor. Field placement and a weekly classroom component. Open only to students in their last year of law school.
901 Seminar
Credit arranged, Fall, Spring
From time to time, specific seminars are arranged and made available for a semester. The exact context of such seminars will be announced in advance of the semester in which they will be offered. Past seminar topics have included First Amendment, Health Law, Native American Resource Management, Insurance Law, International Human Rights, Sports Law, Workers Compensation, and Wrongful Convictions. The College endeavors to offer at least two seminars a semester.
978 Small Business Legal Clinic
1–3 credits (maximum 6). Fall, Spring
Real-life experience handling transactional legal problems and assisting businesses and not-for-profits.
999 Study Abroad or Off Campus
Credits arranged, Summer, Fall, Spring
Graded pass/fail.
930 Taxation
3 credits, Fall
Income and deductions, accounting methods, transactions resulting in capital gain, deferral of tax, and choice of the taxable person; introduction to tax procedure and to income taxation of trusts, estates, and partnerships.
958 Trial Advocacy
2 credits, Fall
An intensive seven-day course offered the week before regular classes begin in the fall. The course follows the National Institute of Trial Advocacy Training format of faculty demonstration, discussion, student performance, and critique, culminating in a mock jury trial on the last day of the training.
954 Trial Skills
3 credits, Fall
Instruction in the skills fundamental to litigation and the techniques of persuasive witness examination and argument, combining classroom instruction and individually critiqued student exercises.
942 Water Law I
1 credit, Fall
This course will focus on Idaho-specific law on prior appropriation, the permit system, adjudication, and conjunctive management.
942 Water Law II
2 credits, Fall
In-depth study of topics necessary for the modern practice of water law including case studies on adjudication, ground water management and conjunctive management, as well as topics such as federal and Native American reserved water rights, transboundary water allocation, endangered aquatic species, and water quality.
946 Water Policy Seminar
3 credits, Spring, Alternate years
An examination of advanced topics in water law.
941 Wills, Estates, and Trusts
3 credits, Fall
Intestate succession, wills, and administration of estates in probate.
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