UNIVERSITY OF GREAT FALLS

ADMINISTRATIVE LAW

SYLABUS

SPRING 2008

Instructor  Deborah Kottel

406-791-5339

406 899-7401

dkottel @ ugf.edu

Sullivan Hall

Criminal Justice Offices.

Course Description

                This course presents basic concepts of administrative law and procedure in federal and state agencies, with emphasis on the paralegal's role in the administrative process. Paralegal students will learn both formal and informal advocacy techniques, including representing clients before administrative bodies.  Substantive topics will include administrative delegation of power, rule making, agency discretionary powers, remedies, and judicial review.  Procedural topics include agency operation, adjudication, hearing preparation, and administrative and judicial appeals.

Suggested Prerequisites

Introduction to Paralegalism

Introduction to Legal Analysis

Legal Research and Writing

Course Objectives

1. To familiarize the paralegal student with federal and state administrative law, terminology, and procedure.

2. To familiarize the student with the expanding role of the paralegal in both informal and formal advocacy before administrative agencies

3. To introduce the student to research sources used in administrative law and procedure.

Course Competencies

These competencies are areas that you should understand and/or master.

1. Case briefing of administrative decisions.

2. Montana and Federal court systems and administrative systems.

3. Basic administrative law research on the Federal and state levels, including agency directories and LEXIS

4. How administrative bodies work

5. Scope, conduct, and limitations on agency investigation

6. How administrative rule making is done

7. Overview of Administrative Procedures Act

8. One or more substantive administrative law areas

9. Role of paralegal in administrative law

10. Legal ethics related to administrative law practice

Goals

Administrative law should provide students with the basic skills for an entry-level position as an administrative law paralegal, with the skills to expand into specialty areas.

Student Outcomes

1. To demonstrate knowledge of substantive law governing administrative agencies.

Measure

a.             Students will take a final examination following lectures and text discussions relating to administrative law.

b. Students will prepare a state agency report

2. To demonstrate ability to read cases and locate, evaluate and apply relevant sources of law to legal issues in an administrative case file.

Measure

a. Students will brief cases in text book

b. Students will analyze and research hypothetical administrative law problems

3. To demonstrate effective written and oral communication skills

Measure

a. Students will conduct personal interview with agency staff members

b. Students will prepare a detailed comprehensive and well-written report on a specific Montana agency.

Text

The Legal Foundations of Public Administration, by Donald D. Barry and Howard R. Whitcomb

Instructional Methods

Students will participate on line discussion.

Students will perform legal research assignments.

Students will compile a full agency evaluation.

Class Participation

Course material is not confined to the textbook.  Students are accountable for all material covered on the discussion boards and from the course documents.  Class participation is important and is considered in the determination of a final grade. Students are expected to make at least two substantive comments each week to discussion board postings.

LATE WORK

All work is to be posted in the week it is assigned. Class weeks run Monday through Sunday.  Students are expected to have all work posted by Saturday at noon to allow other students to comment and post assignments. It is preferable to post as early as possible in the week so that students have an opportunity to comment.

METHODOLOGY

The class format is problem and discussion oriented. Students are expected to carefully prepare reading assignments in the required text and complete any chapter assignments before participating in the online weekly class.  The class will be discussion of cases, text material problems and questions.

Students are expected to comply with academic conduct regulations as specified in the current University of Great Falls catalog.

Student Evaluation

Administrative law state agency report                                           30%

                Report due at Week  Eight

Administrative law case briefs                                                           10%

                Posted as assigned

Legal Research Assignments                                                            15%

Participation/Performance                                                                  10%

Final Examination                                                                 35%