This curricular pathway provides a progression of courses relevant to family law offered at South Texas College of Law Houston.
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Family Law Pathway
Core courses | |
Recommended courses | |
Bar | Relevant bar examination topic |
Stage 1
Family Law
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Problems of the family, including marriage, termination of the marital status, the parent-child relationship, assisted reproduction and adoption.
Marital Property & Homestead
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Texas community property system, property rights of husband and wife, rights of other parties, and homestead.
Texas Pretrial Procedure
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
Texas civil procedure in trial courts from the prelitigation phase to the beginning of trial. Includes subject matter jurisdiction in the Texas courts, provisional remedies, prelitigation devices, jurisdiction over the person, venue, pleadings, parties, res judicata and collateral estoppel, discovery tools and techniques, and summary judgment and other methods of disposition without trial, as governed by Texas law.
Texas Trial & Appellate Procedure
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
Texas civil procedure in trial courts from the beginning of the trial through the motion for new trial with particular emphasis on pleading and practice in Texas and jury charge, jury and non-jury trial, verdict and judgment. Appellate procedure, method, nature and scope of appellate relief; appealable judgments; jurisdiction of appellate courts; procedure and parties; effect of transfer; supersedeas; records and brief; motion for rehearing review by the Court of Civil Appeals and the Texas Supreme Court.
Evidence
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
History and development of the rules relating to presentation of proof and evidentiary matters pertaining to the judicial functions, with emphasis on the Federal Rules of Evidence and the Texas Rules of Evidence, including preparation for trial, examination of witnesses, competency of witnesses, types of evidence, burden of proof, hearsay rule and exceptions, judicial notice, privileges, and impeachment in civil and criminal proceedings.
Civil Procedure
BarView detailsRelevant bar examination topic.
Four semester hours credit.
Introductory course on the history and objectives of civil litigation, including sources of law, case law and the doctrine of stare decisis, and the history and development of equitable remedies; the anatomy of a legal proceeding before, during, and after trial of a civil case, including basic jurisdictional concepts in federal and state court, the law applied in federal court, adjudication of multiple claims and cases involving multiple parties, discovery, pretrial procedures and disposition without trial; basic concepts and strategies regarding litigation; and the law of former adjudication.
Federal Income Taxation
View detailsCrossover bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
This is an introductory course in the fundamentals of federal income taxation designed to prepare students, as lawyers, to recognize and appreciate the impact of income tax consequences on transactions and events they encounter in the general practice of law, including family law, dispute settlement, real estate, investments of various types and small business counseling. Areas of coverage include the definition and characterization of income, exclusions from income, deductions, and the determination of gain or loss from property transactions. With an emphasis placed on the Internal Revenue Code and Treasury regulations, students are introduced to essential legal skills of learning to read and understand the language of statutes and regulations as well as judicial interpretations and administrative pronouncements.
Stage 2
Consider earlier courses plus one or more from below
Family Law Clinic–Basic
View detailsTwo semester hours credit. Normally offered three times each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and Professional Responsibility.
Cases in this clinic tend to be simple divorces without children or any substantial property. This hands-on civil practice clinic seeks to develop a skills set in factual investigation, client interviewing and counseling, and document drafting (transactional and court-related). There is some limited skills development in legal research, file documentation and maintenance, legal and case theory development, and professional development. The beginning of the course teaches students basic factual investigation and interviewing skills using classroom lecture components, simulations, a live-client file, and a supervised live-client interview. Within the contextual setting of each client’s articulated needs and goals, students draft the appropriate transactional and court-related documents in anticipation of filing and prosecuting the case in a Harris County family district court. Student document assembly software discs are provided early in the class for loading onto student laptops, and complementary course materials are provided through a Westlaw TWEN course page.
Family Law Clinic–Advanced
View detailsThree semester hours credit. Normally offered twice each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and a Family Law course or a Family Law Clinic.
Cases in this clinic tend to have more advanced, mixed issues than are found in Family Law Clinic-Basic, such as a divorce joined with contested property, children issues, parentage, grandparent access, post-judgment enforcement or modification, state agency involvement, or service in a court-appointed position (AAL or AMICUS). This hands-on civil practice clinic targets skills development in factual investigation, client interviewing and counseling, legal research, document drafting (transactional and court-related), file documentation and maintenance, legal and case theory development, and professional development. This course assumes some basic knowledge of family law substantive practice.
Family Law Trial Advocacy
View detailsThree semester hours credit. Offered periodically. Enrollment limited to 14 students.
Prerequisites: Must have completed 45 semester hours and Evidence. These prerequisites will be strictly enforced.
Note: Students may receive credit toward graduation for only one trial advocacy course (Civil Trial Advocacy, Criminal Trial Advocacy, or Family Law Trial Advocacy).
This course is designed to simulate the resolution of a family law case. Students begin with an initial client interview, and proceed with emergency temporary hearings, issue identification, discovery, attempted settlement, and trial. Special issues peculiar to family law are addressed, such as client control and communication in the family law setting, expedited hearings, and children’s issues. Since the majority of family law cases are resolved without a jury trial, the course focuses on resolution of a family law matter in a bench trial.
International Family Law
View detailsThree semester hours credit. Offered periodically.
In International Family Law, students will explore traditional family law concepts, including the creation, recognition, and dissolution of the family unit, as well as child custody, support, and enforcement, from an international perspective. Students will engage in comparative analyses of selected domestic, international, religious, and customary laws, treaties and conventions, considering not only substantive law, but also the processes by which family law matters are decided. This survey course of selected family law issues from five continents should provide students with a deeper understanding of the impact of other systems on family law issues and should assist in preparing students for family law practice in a global community.
Wills, Trusts & Estates
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
A study of the execution and revocation of wills, intestate succession, will contests and will substitutes; creation and administration of private express, charitable, resulting, implied and constructive trusts; duties, powers and responsibilities of trustees; and the basics of estate administration.
Interviewing & Counseling
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Examination of the attorney-client relationship, including establishing the relationship in the initial interview; billing arrangements; the importance of continuing communications; case analysis; decision-making; counseling with the client as to case development and strategy; preparation of the client for settlement negotiations as well as trial; termination of the relationship, including the collection of fees. Students will conduct several mock interviews throughout the course.
Representation in Mediation
View detailsTwo semester hours credit. Offered periodically.
This course first provides an in-depth study of negotiation because mediation is essentially a facilitated negotiation. Next, students will be exposed to mediation theory and process in order to gain an understanding of what is important while representing clients in the mediation session itself. Pre-mediation matters will be addressed including preparing cases and clients for mediation. The course will also cover advocacy during the mediation process. All students will have the opportunity to play the role of advocate in several in-class mediations. The goal of this interactive course is for students to develop the essential problem-solving skills for effective client representation in the mediation process.
Mediation Theory & Practice
View detailsThree semester hours credit. Normally offered twice each academic year. Enrollment is limited to 24 students.
This course examines mediation theory and practice. A variety of readings, exercises, and role-plays will be employed to encourage rigorous analysis of mediation concepts and critical assessment of the application of these concepts in practice. Topics to be covered include negotiation theory, stages of the mediation process, ethical issues in mediation, bringing parties to agreement, legal issues in mediation, dealing with power imbalances, and the lawyer’s role in the mediation process. Students will participate in exercises at various stages of the mediation process.
Mediation Practice
View detailsOne semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Provides students with mediation certificate training, during which students serve as third-party neutrals, settlement advocates and parties to the dispute. Emphasis is on the practice of mediation through intensive skills training. Students develop an appreciation both for the functioning of the third-party neutral and for the advocate’s role in the alternative dispute resolution process. This course is designed to satisfy the current 40-hour Texas requirement for mediator certification.
Collaborative Law Training
View detailsOne semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
This course is a two-day intensive training in the newest process in Alternative Dispute Resolution. Students at the training will be instructed in making the paradigm shift from the litigation to the collaborative model, in teaching clients to utilize interest-base negotiations (as opposed to positional bargaining) in fashioning a settlement, and in utilizing other professionals in assisting clients in reaching their goals. The faculty will utilize various instructional techniques, including lectures, live and video demonstrations, and role-plays.
Civil Pretrial Advocacy
View detailsTwo semester hours credit. Normally offered twice each academic year.
Prerequisites: Must have completed 45 semester hours and have taken or be concurrently enrolled in Texas Pretrial Procedure. These prerequisites will be strictly enforced.
The structure of the course involves students in preparing a realistic civil case against an opponent. Students engage in all aspects of pretrial discovery and motion practice, including client interview, attempts to settle, drafting pleadings, paper discovery, taking depositions, procedural and dispositive motions, and pretrial orders.
Civil Trial Advocacy
View detailsThree semester hours credit. Normally offered twice each academic year.
Prerequisites: Must have completed 45 semester hours and Evidence. These prerequisites will be strictly enforced.
Note: Students may receive credit toward graduation for only one trial advocacy course (Civil Trial Advocacy, Criminal Trial Advocacy, or Family Law Trial Advocacy).
The structure of the course involves students in trying a realistic civil case against an opponent. Students engage in all aspects of the trial, including trial motions, voir dire examination of jurors, opening statement, examination of witnesses and closing argument.
Deposition Skills
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
This course is designed to provide students with the skills necessary to take and defend depositions. Students will explore why and when to take depositions; how to draft deposition notices for individual deponents, non-party witnesses, and corporate designees; how to draft successful deposition outlines; proper deposition questions and objections; and approaches to dealing with unruly and unprofessional opposing counsel during positions. Students will take and defend several mock depositions.
Stage 3
Consider earlier courses plus one or more from below
Advanced Marital Property Seminar
View detailsTwo semester hours credit. Offered periodically.
Prerequisites: 45 semester hours plus completion or concurrent enrollment in all required courses (with the exception of the substantial writing credit).
In-depth study of the more complicated, although sometimes subtle, issues that arise before, during, and upon the dissolution (by death or divorce) of a marital or similar relationship. Topics encompassed: negotiation, drafting and enforcement of premarital, post-marital, and property settlement agreements; division of retirement benefits, stock options, and drafting of Qualified Domestic Relations Orders (QDROs); tax considerations; trial strategy, including pleading and evidentiary considerations; reversible error in trial court determination, be it by judge or jury; consideration of and effect upon children; military issues; rights of creditors; and effect of bankruptcy.
Estate & Gift Taxation
View detailsCrossover bar examination topic.
Three semester hours credit. Normally offered once each academic year.
Prerequisites: Federal Income Taxation; Wills, Trusts & Estates.
An in-depth examination and analysis of the Internal Revenue Code, regulations, rulings, and case law governing intervivos and testamentary gratuitous transfers, and the interrelationship among the federal gift, estate, and generation-skipping transfer tax statutes.
Estate Planning
View detailsThree semester hours credit. Normally offered once each academic year.
Prerequisites: Federal Income Taxation; Wills, Trusts & Estates; Estate & Gift Taxation.
Deals with practical aspects of estate planning, with the following major objectives: first, necessity for counsel to possess thorough understanding of client’s objectives relating to family and property, size and composition of client’s assets and liabilities, and for counsel to address practicality of drafting instruments to accomplish those objectives under state law; second, planning of testamentary documents for net estates expected not to exceed the applicable exclusion amount; third, planning of testamentary documents for larger estates, including use of bypass trusts and marital deduction trusts as well as including generation-skipping planning, and use of charitable gifts; fourth, consideration of reduction of size of probate estate through intervivos transactions designed to accomplish objectives of client; fifth, use of postmortem options; and sixth, review and consideration of selected types of transactions currently in use by the practicing bar.
Estate Planning Clinic
View detailsTwo semester hours credit. Normally offered three times each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and must have taken or be concurrently taking Wills, Trusts & Estates or a Probate Clinic.
This hands-on civil practice clinic targets skills development in client interviewing and counseling and transactional document drafting. These cases tend to be balanced between client counseling and intensive document drafting. There is some limited skill development in legal research, file documentation and maintenance, legal and case theory development, and professional development. The beginning of the course will teach students basic interviewing skills using classroom lecture components, simulations, a live-client file, and a supervised live-client interview in which students interview a client with modest estate planning needs. Subsequently and within the contextual setting of each client’s articulated needs and goals, students draft the appropriate array of seven potential estate planning documents.
Administration of Estates & Guardianships
BarView detailsRelevant bar examination topic.
Two semester hours credit. Offered periodically.
Prerequisites: Wills, Trusts & Estates.
A skills-based, practice-focused study in the area of wills and estate administration including guardianship representation, basic estate planning, creditor claims, client development, fiduciary responsibility, and the role of the personal representative in decedents’ estates.
Probate Clinic
View detailsThree semester hours credit. Normally offered twice each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and Wills, Trusts & Estates; the Guardianship Clinic; or the Estate Planning Clinic.
This hands-on civil practice clinic develops skills in factual investigation, client interviewing and counseling, legal research, document drafting (transactional and/or court-related), file documentation and maintenance, legal and case theory development, and professional development. The beginning of the course teaches students critical factual investigation and interviewing skills using classroom lecture components, simulations, a live-client file, and a supervised live-client interview. Students conduct a supervised interview of a client seeking to transfer property from a testate or intestate decedent to potential beneficiaries taking into consideration estate assets, property characterization, estate liquidity, and debt. Subsequently and within the contextual setting of each client’s articulated needs and goals, students research the appropriate options consistent with the client’s goals, counsel the client in a supervised setting, and draft the appropriate transactional or court-related documents. If filing is anticipated, students prosecute the case in a Harris County probate court.
Corporations
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
A study of the legal doctrines governing the formation, operation, and termination of corporations, including the rights, duties, and obligations of shareholders, directors, and officers.
Agency & Partnership
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
A study of the legal doctrines governing the formation, operation, and termination of agency relationships, partnerships, limited liability partnerships, limited partnerships, and limited liability companies, including the rights, duties, and obligations of owners and managers.
Consumer Bankruptcy & Debt Collection
View detailsCrossover bar examination topic.
Three semester hours credit. Offered periodically.
Prerequisites: None but prior or concurrent enrollment in Secured Transactions is helpful.
This course focuses on the legal and policy issues raised in debt collection and in personal bankruptcies. It first considers the state law procedures for collecting a money judgment, including garnishment, execution, sequestration, judgment liens, turnover orders, judicial sales, and discovery in aid of collection. It then examines and compares the law and policy of both Chapter 7 liquidation bankruptcies for individuals and Chapter 13 individual reorganization bankruptcies, including eligibility, exemptions, discharge of debt, avoidance powers of trustees, the rights of various classes of creditors, jurisdiction, and procedure. It is intended not only for those who expect to engage in a bankruptcy law practice, but also for those who intend to have a general litigation, family and marital law, estate planning, debt collection, or business practice. Students may take both this course and Business Bankruptcy, as the overlap is minimal.
Secured Transactions
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
The course deals with the law governing credit transactions secured by personal property collateral. It focuses on Article 9 of the Uniform Commercial Code, with particular emphasis on creating a security interest, protecting it against competing claims, and resolving priority disputes. The course devotes some attention to the creditor’s rights and remedies upon the debtor’s default, and it examines the effect of various provisions of the Bankruptcy Code on those rights and remedies when the debtor files for bankruptcy protection. The course also may examine the effect on secured transactions of Articles 2, 2A, and 8 of the Uniform Commercial Code; the Consumer Credit Protection Act; the Food Security Act; the law of fraudulent transfers; and the Federal Tax Lien Act.
Payment Systems
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
The course focuses on the advantages and risks associated with various methods of payment in commercial and consumer transactions. It surveys many of the state and federal statutes that impact common forms of payment (including checks, promissory notes, letters of credit, credit cards, debit cards, and other electronic fund transfers), with emphasis on Articles 3, 4, 4A, and 5 of the Uniform Commercial Code; the Federal Trade Commission Holder-In-Due-Course Regulations; the Truth in Lending Act and related Regulation Z; the Electronic Fund Transfers Act and related Regulation E; the Expedited Funds Availability Act and related Regulations J and CC; and the Uniform Customs and Practice for Documentary Credits.
Immigration Law
View detailsThree semester hours credit. Normally offered once each academic year.
This course provides a survey of immigration law. The topics covered include asylum and other humanitarian-based forms of protection, family and employment-based immigrant visas, central nonimmigrant visas such as H-1B, grounds of inadmissibility and inadmissibility waivers, admission to the United States, grounds of deportability, the various mechanisms used to remove noncitizens from the country, and the various forms of relief from removal.
Law Office Management
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
This course examines problems encountered in establishing and operating the business side of a successful law practice, and offers practical solutions. During the course, students will design a business plan for their own potential practice with the professor’s guidance. Among the subjects covered are office location and layout, technology, including the web-based law library, filing and control systems and accounting methods, insurance needs, IOLTA, SBOT and other administrative obligations, document retention requirements, alternative systems of fee determination and billing with an introduction to case evaluation, and attracting, retaining, interviewing and counseling clients.