LEARNING OUTCOMES & PERFORMANCE CRITERIA

The University of Memphis Cecil C. Humphreys School of Law ("Memphis Law") has adopted the following desired learning outcomes. These learning outcomes reflect the knowledge, skills, and values that the faculty believes are essential to the practice of law. In addition to learning outcomes, the faculty has adopted specific performance criteria for each learning outcome, which reflect the observable actions that will demonstrate achievement of the learning outcome.

Learning Outcome 1: Graduates will demonstrate knowledge and understanding of the law and the American legal system.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Identifying, defining, and explaining the foundational terms, rules, principles, and policies of the following fundamental areas of law: civil procedure, constitutional law, contracts, criminal law, criminal procedure, torts, property, evidence, and professional responsibility.
• Criterion 2: Identifying, defining, and explaining the fundamental terms, rules, principles and policies of two of the following areas of law: corporate tax, fair employment practices, income taxation, labor law, legislation, sales, or secured transactions.
• Criterion 3: Identifying, defining, and explaining the fundamental terms, rules, principles and policies of two of the following areas of law: administrative law, business organizations, decedents' estates, family law, conflict of laws, and remedies.
• Criterion 4: Describing the organization, hierarchy, and relationships within the American legal system.
• Criterion 5: Identifying the sources of primary law and describing their relationships to each other.

Learning Outcome 2: Graduates will demonstrate competency in legal analysis and legal reasoning.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Critically reading the applicable authority, including identifying the key rules within each authority, applying fundamental statutory construction principles when engaging with enacted law, and recognizing the role of policy in the authorities.
• Criterion 2: Synthesizing the relevant rules of law into a logical framework for analysis, including harmonizing apparently conflicting authorities and recognizing genuinely conflicting authorities.
• Criterion 3: Where rules conflict, analyzing which rule a court is likely to apply.
• Criterion 4: Identifying legal issues in factual situations that differ from those in which the knowledge was first encountered.
• Criterion 5: Identifying legal rules relevant to each legal issue implicated by the facts.
• Criterion 6: Identifying the legally significant facts relevant to each applicable legal rule.
• Criterion 7: Applying the identified rules to the facts to formulate and evaluate potential arguments and counterarguments regarding the outcome of the issue.
• Criterion 8: When appropriate, analogizing the facts to and distinguishing the facts from those of precedent cases to determine the likely outcome of the case.
• Criterion 9: Evaluating and criticizing the quality of legal analysis in terms of both reasoning and support in sources of law.

Learning Outcome 3: Graduates will demonstrate competency in legal problem solving.

Graduates will demonstrate achievement of this learning outcome by:

1. Criterion 1: Identifying and exploring their clients' goals.
2. Criterion 2: Identifying and diagnosing problems as they relate to their clients' goals.
3. Criterion 3: Formulating and evaluating legal and non-legal solutions and strategies, taking into account the client's interests, goals, and objectives.
4. Criterion 4: Articulating practical considerations, such as cost and effects on other people.
5. Criterion 5: Developing and implementing plans of action to advance the client's goals.

Learning Outcome 4: Graduates will demonstrate competence in effective and efficient research.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Articulating the hierarchical structure of the law and the difference between binding and persuasive authority.
• Criterion 2: Explaining the difference between primary sources of law and secondary sources.
• Criterion 3: Developing an effective research strategy.
• Criterion 4: Employing effective research methodologies to locate and, as appropriate, update authorities relevant to the specific legal issue.
• Criterion 5: Accurately assessing the weight of authorities.

Learning Outcome 5: Graduates will communicate effectively in the legal context.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Writing documents that are clear, concise, well-reasoned, organized, professional in tone, appropriate to the audience and the circumstances, and, if appropriate, contain proper citation to authority.
• Criterion 2: Speaking in a clear, concise, well-reasoned, organized, and professional manner that is appropriate to the audience and the circumstances.
• Criterion 3: Actively listening to clients, colleagues, judges, and others to acquire and preserve the information communicated.
• Criterion 4: Critically reading written communications to acquire and preserve the information communicated.

Learning Outcome 6: Graduates will recognize and understand the ethical and professional responsibilities of lawyers to clients and the legal system.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Identifying and explaining the applicable law governing lawyers.
• Criterion 2: Using the law governing lawyers to recognize ethical and other professional dilemmas.
• Criterion 3: Applying the law governing lawyers to help resolve ethical and other professional dilemmas.
• Criterion 4: Exercising professional judgment to help resolve ethical and other professional dilemmas.

Learning Outcome 7: Graduates will demonstrate competency in those other professional skills and values necessary for legal practice.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Capably managing a legal project (e.g., case, memorandum, mediation) from its inception to its conclusion.
• Criterion 2: Effectively planning and controlling their use of time.
• Criterion 3: Being prepared for and attending to scheduled obligations, whether through timely submission of work product or in-person appearance.
• Criterion 4: Exhibiting civility, awareness of cultural differences, and respect and consideration of others.
• Criterion 5: Exhibiting integrity, diligence, honesty, and good judgment.
• Criterion 6: Demonstrating the ability to solicit, examine, and respond to supervision and feedback from others through a critical lens.
• Criterion 7: Demonstrating the ability to reflect upon and examine their own strengths, weaknesses, and professional and personal obligations.
• Criterion 8: Demonstrating competence and self-direction in a simulated or live working legal environment requiring a range of practical legal skills.

Learning Outcome 8: Graduates will recognize the value of community and public service.

Graduates will demonstrate achievement of this learning outcome by:

• Criterion 1: Contributing to the profession's fulfillment of its responsibility to ensure that adequate legal services are provided to those who cannot afford to pay for them.
• Criterion 2: Participating in school and outreach activities designed to improve the profession, the legal system, public policy, or society, especially in programs involving community and public service.