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LEGAL WRITING & ANALYSIS |
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Class Hours: 3.0 |
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Credit Hours: 3.0 |
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Laboratory Hours: 0.0 |
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Revised: Fall 08 |
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NOTE: This course is not
designed for transfer credit. |
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Catalog Course
Description: |
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An exploration of the
details of objective legal writing designed to prepare students to articulate
legal concepts and to draft documents in a manner reflecting legal analysis;
overview of the elements of legal memoranda; introduction to reading and
briefing legal opinion and persuasive writing. |
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Entry Level Standards: |
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College-level
competencies in logic, reading, and English are required. |
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Prerequisites: |
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LAW 1000; ENGL
1010 |
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Textbook(s) and Other
Course Materials: |
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Putnam, William H., Legal
Analysis and Writing, (Thompson/Delmar, 2004) McGaugh, Tracy L., Interactive
Citation Workbook for ALWD Citation Manual 2007 Edition (LexisNexis,
2007) Dickerson, Darby, ALWD
Citation Manual, A Professional System of Citation, 3rd Edition( |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Introduction to Legal
Principles and Authorities |
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2-3 |
Introduction to Legal
Analysis Legal Analysis—Key
facts; Legal Analysis—Issue Identification; Legal
Analysis—Stating the issue; Case Law and Case Briefing |
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4-5 |
Legal Analysis—Case
Briefing; Counter Analysis; Statutory Analysis |
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6-7 |
Citation Form and usage |
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8 |
Fundamentals of Legal
Writing—General Considerations; Fundamentals of Writing |
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9 |
Legal Writing exercises |
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10 |
Legal Writing exercises |
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11 |
Office Legal
Memorandum—Issues and Facts; Legal Writing Exercises |
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12-13 |
Office Legal Memorandum
–Facts; Analysis; Conclusion; Legal Writing Exercises |
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14 |
Office Legal
Memorandum—Court Briefs and Appellate Briefs; Legal Writing Exercises |
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15 |
FINAL EXAM: OFFICE LEGAL
MEMORANDUM |
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II. Course Objectives*: |
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A. |
Demonstrate a complete and
thorough understanding of legal ethics. I, III, V |
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B. |
Demonstrate a complete and
thorough understanding of the importance of clarity in legal writing. I,
II, III, IV |
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C. |
Develop a complete and
thorough understanding of the organization of a legal memorandum. I, II, III,
IV |
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D. |
Draft an objective legal memorandum
that identifies issues, states the facts, discusses the law, and reaches a
conclusion. I, II, III, IV, V |
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E. |
Demonstrate a complete and
thorough understanding of persuasive legal writing. I, II, III, IV |
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F. G. |
Demonstrate a thorough
understanding of legal citation. I, II, III, IV Demonstrate a complete and thorough
understanding of the importance of distinguishing between fact and
inference. II, III, IV |
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H. |
Exhibit an adequate
understanding of the application of law to the facts. I, II, III, IV |
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I. |
Demonstrate ability to
analyze facts. II, III, IV |
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J. |
Demonstrate ability to
analyze statutory and case law. II, III, IV |
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K. |
Demonstrate ability to apply
law to facts. I, II, III, IV, V |
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L. |
Continue developing a basic
legal vocabulary. II, IV |
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*Roman numerals after
course objectives reference goals of the Paralegal Studies program. |
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III. Instructional
Processes*: |
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Students will: |
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1. |
Practice elements of the work ethic such as professionalism,
preparedness, punctuality, honesty, cooperation, dependability, contribution,
effectiveness, good manners, etc. Active Learning Strategy, Transitional
Strategy |
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2. |
Refine their writing skills and expand their legal vocabularies
through completion of weekly guided writing exercises that allows them to
communicate more effectively with lawyers, legal professionals, and clients. Communication
Outcome, Active Learning Strategy, Transitional Outcome |
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3. |
Carry out course assignments such as team discussions, team case
studies, experiential exercises, oral, written, PowerPoint, WordPerfect, Westlaw,
Internet skills development, etc. that help develop a respect for diversity. Communication
Outcome, Technological Literacy Outcome, Transitional Strategy, Active
Learning Strategy |
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4. |
Take part in course
assignments such as team discussions, team case studies, experiential
exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills
development, etc. that help develop teamwork, leadership, and followship skills. Communication Outcome, Transitional
Strategy, Active Learning Strategy |
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5. |
Perform course
assignments such as intensive writing exercises, team discussions, team case
studies, experiential exercises, oral, written, PowerPoint, WordPerfect,
Westlaw, Internet skills development, etc. that help develop critical
thinking, problem solving, goal setting, and planning skills. Communication
Outcome, Technological Literacy Outcome, Transitional Strategy, Active
Learning Strategy |
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6. |
Listen to guest
speakers from the legal community to learn the demands for clear legal
writing in the law office. Transitional Strategy |
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*Strategies and outcomes
listed after instructional processes reference TBR’s
goals for strengthening general education knowledge and skills, connecting
coursework to experiences beyond the classroom, and encouraging students to
take active and responsible roles in the educational process. |
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IV. Expectations for
Student Performance*: |
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Upon successful completion
of this course, the student should be able to: |
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1. |
Recognize and avoid acts
that constitute unethical behavior. A |
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2. |
Write legal prose that is
direct, concise, and clear. B, G, H, I, J, K, L |
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3. |
Recognize the passive voice
and convert it to active voice. B, E |
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4. |
Prepare office
correspondence A, B, C, D |
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5. |
Prepare letters of
representation for each client. A, B, L |
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6. |
Draft legal pleadings. A,
B, F, G, H, I, J, K, L |
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7. |
Draft memoranda in support
of motions. A, B, C, D, E, F, G, H, I, J, K, L |
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8. |
Analyze facts of
client’s case. A, I |
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9. |
Analyze case law. A, J |
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10. |
Analyze statutory law. A, J |
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11. |
Apply law to facts. A, I,
J, K, L |
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12. |
Prepare an office
memorandum effectively communicating research of legal issues. B, C, D, E, F,
G, H |
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*Letters after performance
expectations reference the course objectives listed above. |
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V. Evaluation: |
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A. Testing Procedures: |
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1. Citation
Test. All students must pass a basic citation test in order to pass
the course. A passing grade on the citation test is 75%. The test
will be given three times during the semester. Students may not
defer taking the citation test until a later time. Students who
do not pass the citation test will receive an “F” for the course
regardless of grades received on other assignments. Failure by the student to
take a citation test when scheduled will result in an “F” for the
course, unless the student has been granted prior express permission by the
instructor to take the test at a later time. 2. Supplementary Syllabus. Legal
writing and other memoranda will be assigned, and will be fully explained by
the Instructor’s supplementary syllabus. All work shall be
expected to be typed unless otherwise instructed. |
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B. Laboratory Expectations: |
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Students should expect to
study and work in the law library 2-10 hours per week to complete
assignments. |
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C. Field Work: |
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N/A |
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D. Other Evaluation
Methods: |
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1. All tests and papers
will be graded for spelling and English usage in addition to content and
format. |
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E. Grading Scale: |
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A
93-100 |
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VI. Policies: |
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A. Attendance Policy: |
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B. Academic Dishonesty: |
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Plagiarism, cheating, and
other forms of academic dishonesty are prohibited. Students guilty of
academic misconduct, either directly or indirectly through participation or
assistance, are immediately responsible to the instructor of the class.
In addition to other possible disciplinary sanctions which may be imposed
through the regular |
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C. Accommodations for
disabilities: |
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If you need accommodations
because of a disability, if you have emergency medical information to share,
or if you need special arrangements in case the building must be evacuated,
please inform the instructor immediately. Please see the instructor privately
after class or in his/her office. Students must present a current
accommodation plan from a staff member in Services for Students with
Disabilities (SSWD) in order to receive accommodations in this course.
Services for Students with Disabilities may be contacted by going to Goins 127 or 131 or by phone: 694-6751(Voice/TTY) or
539-7153. |
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D. Other Policies: |
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Late papers will not be
accepted nor will make-up tests be given without specific approval of the
instructor. Computer Usage Guidelines: |
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