California Western -- Floralynn Einesman
Courses Taught - Floralynn Einesman

Advanced Mediation

Criminal Procedure I

Criminal Procedure II

Evidence

Internship Seminar

 


ADVANCED MEDIATION (PRAC, 3 units)
This course provides hands-on experience mediating actual cases in Small Claims Court and Juvenile Hall.  There is a required week-end training in advanced mediation skills during the first or second week-end of the course.  Thereafter, students will mediate cases every week at Small Claims Court or Juvenile Hall (the first half of the trimester at one placement, the second half at the other).  Students must be available on either Monday or Tuesday afternoon from 1 to 3:30 p.m. to mediate at Small Claims Court, and on Monday, Tuesday, or Wednesday evening from 7 to 8:30 p.m. to mediate at Juvenile Hall.  Each student will also observe at least one mediation by a judge or lawyer/mediator in the San Diego community.  At the two-hour weekly class meeting, students will learn and practice advanced techniques in mediation.  In addition, they will discuss their mediation experiences in Small Claims Court and Juvenile Hall.  During the course of the trimester, students must submit a ten-page journal on mediations they conduct, and present to the class an issue related to mediation which they have resolved.   back to top
  
CRIMINAL PROCEDURE I (3 units)
The objective of this required upperclass course is to help students gain a deeper understanding of the fundamental relationship between the Bill of Rights and our democratic form of government.  The course focuses primarily upon the Fourth Amendment (search & seizure), the Fifth Amendment (confessions), and the Sixth Amendment (right to counsel).  The course covers topics such as eye-witness identification, drug testing, and electronic surveillance.   back to top
  
CRIMINAL PROCEDURE II (3 units)
Criminal Procedure II examines investigatory and post-arrest proceedings from both a theoretical and practical perspective.  Some of the topics we consider include the role of the grand jury (both as an investigatory and accusatory body), pretrial release (bail v. detention), prosecutorial discretion, the right to a speedy trial, pretrial discovery and plea bargaining.  In addition to analyzing cases, we hear from a variety of guest speakers in the field of criminal law and argue practical problems presented by the case law.   back to top
  
EVIDENCE (4 units)
Evidence is the study of facts and how those facts may be used in the adversary system in order to prove a case.  Unlike most law courses, the focus is therefore on factual, not legal analysis.  The law governing trials and the admission of evidence is explored through cases, most of which are used to illustrate problems of logical inference.  Particular emphasis is given to relevance, to character evidence, and to hearsay and its exceptions, as well as to the introduction of non-testimonial evidence such as documents, and things.  There is some theoretical exploration of the constitutional law that governs criminal trials, and a brief review of particular evidentiary problems, such as the use of expert witnesses.  back to top
  
INTERNSHIP SEMINAR (PRAC, 1 unit)
This Seminar provides a forum for student interns to discuss their internship experiences with one another on a weekly basis.  These seminar meetings are in addition to individual private meetings with faculty supervisors.  Students are required to keep a daily journal and do short weekly readings on current topics related to the practice of law.  Topics include Advocacy, Law Reform, Ethics, and Equality.  Emphasis is on the often conflicting moral, professional, financial, personal and political values inherent in the profession.  There is no final exam or other written work requirement.  Enrollment may be limited.   back to top


Full course descriptions are available in PDF format on the J.D. Curriculum page.

back to Professor Einesman's home page