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Scholastic Regulations [Part 2] |
University of Honolulu School of Law |
1609 Tully Road, Ste 4 Modesto CA 95350 |
Leave of Absence Under certain hardship or circumstances beyond a student's control, an official Leave of Absence may be applied for. The student who files in writing detailing the length of time, and reasons for request, may be granted a Leave of Absence. The student must specify a return date, and be a student in good standing in order to be granted a Leave of Absence. The student will remain a student in good standing and active status will be resumed under the terms of the written policy of the Leave of Absence, individually contracted for. Note: Any bar student who, because of hardship or circumstances, needs an extension of time in which to complete one year (or less) of law studies (see Rules Regulating Admission to Practice Law in California, Study by Correspondence, sections 8 and 11) must direct his/her written petition to the Committee of Bar Examiners. The Committee generally meets each month to consider such petition. A copy of the petition should be sent to the School. If the Committee has made a determination on the petition, a copy must be sent to the University for its files. Pace of Study Although the academic method is independent study, the students at the School of Law must follow the prescribed curriculum and time frame for completion of courses, as outlined under the curriculum, for all degreed programs. No exceptions, apart from the Leave of Absence Policy as noted above, will be granted for failure to complete the curriculum within the minimum of 48 weeks per year and maximum of 52 weeks per year, for four years, if enrolled in the California Bar program. Required Assignments Policies The student will be given regular assignments and examinations, which must be completed prior to the issuance of credit or a grade. These assignments include but are not limited to: a mandatory legal analysis and writing program (each year of enrollment), assigned readings and briefs, midterm and final examinations. No exceptions to these requirements will be made. A student will be failed who does not submit the required assignments within the time frames as stipulated. Timeliness of Assignments All required coursework, including submission of briefs, assignments, mandatory writing and legal analysis, and examinations must be submitted by the due date which will be specified with the course instructions. There are no exceptions. For purposes of establishing due date compliance, the postmark on the envelope which is submitted to the School of Law must be no later than the due date which is required by the School of Law. Penalties for Failing to Meet Deadlines A student who fails to submit an examination on time as determined by the published deadline, will be penalized 20% on the grade disposition of that examination. For example, if a student obtains an academic score of 85% (B+) on an examination, but that student submits the examination late, the resultant score reduced by 20% will be 68% (C ). Failure of Course Completed A student may not receive credit for duplicating courses under any circumstances. If a student fails a course, re enrollment must occur, with the resulting credit being granted only for the successful completion of the course. Dismissal and Suspension Policies Failure to discharge obligations to the School of Law, whether academic or financial, will result in suspension of a student, with a stipulated time frame within which to satisfy the deficiency. A student who fails to comply with the requirements may be dismissed. The status of such a student can be appealed to a panel within the School of Law. The student is entitled to the right to be informed of all bases for suspension or dismissal, and has the right to present a defense to the School of Law. Rulings will be in writing, not later than 48 hours after such a hearing. Academic Standing, Probation and Dismissal In order to remain a student in good standing, a minimum of a 70% average for each semester must be maintained. A student who fails to obtain a 70% average during any one semester will be placed on academic probation. The student must subsequently obtain a grade which provides for no less than a 70% numerical average. If the student does not in the next semester meet the minimum standard to obtain a cumulative average of 70% or better, the student will be dismissed. Any first year student who fails to maintain a numerical ayerULA 70% will be dismissed. First year students on good standing may proceed to the second year only upon passong the First Year Law Students' Examination There are no exceplions to this rule. Appeal Process A student has the right to appeal dismissal for academic purposes through a panel consisting of those assigned by the Executive Director. The student must submit a written appeal and participate in any hearing process as necessary. Readmission after Termination A student who has been terminated from enrollment due to academic failure, misconduct, failure to fulfill financial obligations to the School, or for other cause, may reapply for admission, with the understanding that the student's totality of the circumstances will govern the readmission procedure. Moral Character Codes of Professional Responsibility, Applicable to Students The School of Law seeks to prepare students for future responsible positions, and as such adopts the codes of responsibility which are applicable to the legal professionals. The students who are accepted for study at University of Honolulu School of Law will be held to high standards. Attorneys are held to a high standard of professional responsibility, as detailed under either or both, the Code of Professional Responsibility (developed by the American Bar Association in 1969) and the Model Rules of Professional Conduct (a set of rules approved by the American Bar Association in 1983). The California Business and Professions Code and California Rules of Professional Conduct, which regulates licensed attorneys is also applicable to students of law. All enrolled students at University of Honolulu School of Law will be held to the same high standards. The students enrolled in the bar study program will of course study Professional Responsibility for graduation requirements. The administration and faculty will be at all times apprising the students of their responsibilities in these areas. The enrolled students will be able to avail themselves of all of the commercial outlines and practice examinations which are printed and sold at various law book stores. Such materials are beneficial for review to students who have successfully completed the assignments, which include briefing cases and the essay examinations which the School administers. Students contract to perform all writings individually, and submit assignments and examinations in their own words, without benefit of assistance from other material or other individuals. Honor System: Proctor vs. Non proctor The School of Law places students on the honor system, and does not administer proctored examinations. Although the examinations administered are not supervised, the School of Law reserves the right to require monitoring of examinations if there is reasonable belief that a student requires such monitoring. Infractions and Expulsions Any student who is found to have cheated or plagiarized will be expelled. Prior to expulsion, the student will be notified and given the opportunity to present a defense before a panel comprised of the Management Team and Faculty. A decision would be rendered within ten days. Students are advised that such conduct and any conduct which is contrary to public policy or in violation of the aforementioned Honor System and codes will be on file at the School of Law. Students are further advised that such violations will be placed in their official transcript. Instruction Methodology Instruction will be based primarily on the casebook method, with students receiving assignments on the various cases to be briefed. These briefs should be used for midterm and final examination preparation. The casebook method of study refers to critical reading and analysis of actual legal cases decided by the highest courts of the land. By studying actual judicial decisions, the student learns the legal rules applied and their applicability to various fact patterns. For the purposes of the School of Law, a brief refers to the student's written summary of the critical facts, legal issues, rules of law and rationale from actual legal disputes. Following is an example of how to brief a case. How to Brief A Case Lawrence V. Fox Court of Appeals of New York, 1859 20 N.Y. 268 Facts: Holly loaned a sum of money to defendant in consideration of which defendant agreed to pay the same amount to plaintiff, a creditor of Holly. In an action by plaintiff, the defendant contends that there is no cause of action for lack of consideration and privity of contract between the parties. Issue: Can plaintiff maintain an action on defendant's promise? Held: Yes. Plaintiff can recover as a third party creditor beneficiary. Also, privity of contract is not essential. Rule: A third party creditor may maintain an action on a contract made for his benefit. Note: Casebooks and materials used by major accredited law schools are also used by the School of Law. |
Phone (209) 577-3161 |
uhlschool@sbcglobal.net |