William E. Hardy, Jr. Ph.D., J.D.

Professor

College of Agriculture
Agricultural Economics


AGEC 4070
Summer Semester, 2011
Agricultural Law


 

8:00-9:30 a.m.
Mon - Fri
  Dr. William E. Hardy, Jr
hardywe@auburn.edu
Office Hours:
  Mon-Fri, 9:45 - 11:45 a.m.
Class Room:
204 Comer Hall
  Other times by appointment
Office: Comer Hall 012  
Office Phone: 844-5620   Home Phone: 821-0855
   Cell Phone: 750-1225


    OBJECTIVE: To provide a foundation for understanding the basic legal systems of the U.S. with particular emphasis on the laws of Alabama. Principles of tort, contract and property law will be presented. In addition, laws which govern estate planning and those regulations and laws related to the environment will be discussed. This course is not intended to be, and in no way resembles, a law school course. The primary objective of the course is to increase your level of basic legal knowledge so that you may be able to make better decisions relative to legal issues and confrontations that you might encounter in agribusiness or everyday life.

    TEXT: There is no specific text for this course. Supplemental readings and material will be used throughout the course. Comprehensive notes may be printed from my section of the Department of Agricultural Economic and Rural Sociology web page at (http://www.ag.auburn.edu/agec/Faculty/whardy/AGEC4070.php). It is EXPECTED that each student will print notes and BRING TO CLASS.

    Lecture NOTES are available in PDF format.
    To print the Lecture NOTES in its original form Adobe Acrobat is required.
    This program is a free download and available by clicking this button:

     
    I. Introduction     Section  I

              A. The Meaning of Law and Agricultural Law
              B. Written Law and Common Law
              C. Lawyers and the Legal System
              D. Structure of the Alabama and Federal Legal
                  Sytems
              E. Legal Disputes and Civil Procedure

    II. Torts    Section  II

              A. Nature and Meaning of Tort
              B. Elements of Tort Liability and Applicable Defenses
              C. Negligence
              D. Strict Liability

    III. Contracts    Section  III

              A. The Elements of Contracts
              B. Written and Oral Contracts
              C. The Parol Evidence Rule
              D. Remedies for Breach of Contract

    IV. Nature and Meaning of Property    Section  IV

              A. Real and Personal Property Distinguished
              B. Fee Estates
              C. Life Estates
              D. Co-Ownership of Property
              E. Trusts

    V. Acquisition and Disposition of Real Property    Section  V

              A. Buyer and Seller
              B. Real Estate Contracts
              C. Deeds and Warranties
              D. Legal Descriptions
              E. Guaranteeing Title

    VI. Rights and Limitations in the Ownership of Agricultural Property    Section  VI

             A. Easements
             B. Rights-of-Way
             C. Covenants
             D. Zoning
             E. Air, Solar and Support Rights
             F. Adverse Possession
             G. Eminent Domain

    VII. Rights and Limitations in the Use of Property    Section  VII

             A. Nuisance
             B. Pesticide Liability
             C. Liability for Entrants

    VIII. Estate Planning   Section  VIII

             A. Probate and Estate Settlement
             B. Intestate Succession
             C. Federal Estate and Gift Taxes
             D. Wills and Trusts

    IX. Water and Drainage   Section  IX

             A. Stream Water
             B. Ground Water
             C. Federal Involvement
             D. Boundaries
             E. Public Access
             F. Diffused Surface Water

    X. Protecting the Environment    Section  X

             A. Water Pollution
             B. Wetlands
             C. Soil and Water Conservation
             D. Pesticide Regulation
             E. Hazardous Substances and Waste Disposal

    XI. Liablity for Farm Animals   Section  XI

             A. Vicious Dogs and Livestock
             B. Fences, Trespassing Animals
             C. Right to Kill Animals Injuring Livestock

 



 

    Grading System
      Total points
    Three Hour-Exams 300
    Pop Tests and Homework  25
    Comprehensive Final Exam 125
    TOTAL 450

    A = 409 (91%)
    B = 364 (81%)
    C = 319 (71%)
    D = 274 (61%)

    **** Scheduled test dates are; May 27, June 10 and June 22. If you have complications and cannot take a test at the scheduled hour, you must check with me BEFORE the test is given. Failure to do so will result in a zero for that test.

    As an incentive for a high level of achievement on the three hour-exams, any students who have an "A" average prior to the final exam (at least 295 points from the THREE EXAMS, POP TESTS and HOMEWORK) will NOT have to take the final exam. The last day that you may drop the course without any grade penalty is May 25. The last day that you may drop the course with a W grade being assigned is June 6.

    The final exam for this course will be given on Friday, June 24, 2011—8:00-10:30 a.m.

    If you have any medical problems or other issues that might affect your performance in this class, PLEASE let me know. This information will be held confidential. In addition, if you require special accommodations for any disability that you might have, you should contact Tracey Donald at the Office for Students with Disabilities, 1244 Haley Center (844-2096).

    Class attendance is not mandatory; however, class attendance will have a direct effect on your grade. Because lectures and other classroom activities are not drawn directly from the text material, it is highly unlikely that a student will do well on the tests without attending class. Pop tests are a possibility.

     

    The Auburn University Oath of Honor

    "In Accordance with those virtues of Honesty and Truthfulness set forth in the Auburn Creed, I, as a student and fellow member of the Auburn Family, do hereby pledge that all work is my own, achieved through personal merit and without any unauthorized aid. In the promotion of integrity, and for the betterment of Auburn, I give honor to this, my oath and obligation."

    _______________________________    _______________
                                                                      Date

Last Updated: May 4, 2011

Department of Agricultural Economics and Rural Sociology | 202 Comer Hall | Auburn University | Auburn, Alabama 36849-5406 | ☎ (334) 844-4800 (Mon-Fri)
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