PELLISSIPPI STATE COMMUNITY COLLEGE
MASTER SYLLABUS

LEGAL WRITING & ANALYSIS 
LAW 1050

Class Hours: 3.0

 

Credit Hours: 3.0

 

Laboratory Hours: 0.0

 

Revised: Spring 2010

 

 NOTE: This course is not designed for transfer credit.

 

Catalog Course Description:

 

 

 

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. 

Entry Level Standards:

 

 

 

 College-level competencies in logic, reading, and English are required.

Prerequisites:

 

 

 

 LAW 1000;  ENGL 1010

Textbook(s) and Other Course Materials:

 

 

1.       Putnam, William H., Legal Research, Analysis and Writing, 2nd Edition (Delmar/Cengage, 2010)

2.       McGaugh, Tracy L., Interactive Citation Workbook for ALWD Citation Manual 2009 Edition (LexisNexis, 2009)

3.       Dickerson, Darby, ALWD Citation Manual, A Professional System of Citation,  3rd Edition (Aspen, 2006)

I. Week/Unit/Topic Basis:

 

 

 

Week

Topic

 

1

Putnam, Chapter 1:  Introduction to Legal Principles and Authorities  (3 hours)

 

2

Reading Cases and Statutes:  An introduction (1hour)

Introduction to Legal Analysis (1 hour)

Identification of Key Facts (1 hour)

 

Issue Identification (1 hour); Legal Analysis—Stating the Issue (1 hour);Case Law and Case Briefing (1 hour)

3

Putnam, Chapters 10-11: 

 

4-5

Putnam, Chapters 12-13:  Legal Analysis—Case Briefing; (3 hours);  Counter Analysis; (1 hour); Statutory Analysis (2 hours)

 

6-7

Putnam, Chapter 8: ALWD; Interactive Citation Workbook:  Citation Form and usage (6 hours)

 

8

Putnam, Chapter 14:  Fundamentals of Legal Writing—General Considerations (1 hour); Fundamentals of Writing (2 hours)

 

9

Putnam, Chapter 15: The Office Legal memorandum:  Form and Function (1 hour); Legal Writing exercises (2 hours)

 

10

Legal Writing exercises (3 hours)

 

11

Putnam, Chapter 16:  Office Legal Memorandum—Issues and Facts (2 hours); Legal Writing Exercises (1 hour)

 

12-13

Putnam, Chapter 17:  Office Legal Memorandum –Facts(1 hour); Analysis (2 hours); Conclusion (2 hours); Legal Writing Exercises ( 1 hour)

 

14

Office Legal Memorandum (1 hour); Court Briefs and Appellate Briefs(.5 hour); Legal Writing Exercises (1.5 hours)

 

15
 

FINAL EXAM: OFFICE LEGAL MEMORANDUM

II. Course Objectives*:

 

 

 

A.

Demonstrate a complete and thorough understanding of legal ethics.  I, III, V

 

B.

Demonstrate a complete and thorough understanding of the importance of clarity in legal writing.  I, II, III, IV

 

C.

Develop a complete and thorough understanding of the organization of a legal memorandum. I, II, III, IV

 

D.

Draft an objective legal memorandum that identifies issues, states the facts, discusses the law, and reaches a conclusion.  I, II, III, IV, V

 

E.

Demonstrate a complete and thorough understanding of persuasive legal writing.  I, II, III, IV

 

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

 

H.

Exhibit an adequate understanding of the application of law to the facts.  I, II, III, IV

 

I.

Demonstrate ability to analyze facts.  II, III, IV

 

J.

Demonstrate ability to analyze statutory and case law.  II, III, IV

 

K.

Demonstrate ability to apply law to facts.  I, II, III, IV, V

 

L.

Continue developing a basic legal vocabulary.  II, IV

*Roman numerals after course objectives reference goals of the Paralegal Studies program.

III. Instructional Processes*: 

 

 

Students will:

 

 

 

 

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

 

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

 

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

 

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

 

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

 

6.

Listen to guest speakers from the legal community to learn the demands for clear legal writing in the law office. Transitional Strategy

*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.

IV. Expectations for Student Performance*: 

 

 

Upon successful completion of this course, the student should be able to:

 

1.

Recognize and avoid acts that constitute unethical behavior.  A

 

2.

Write legal prose that is direct, concise, and clear.  B, G, H, I, J, K, L

 

3.

Recognize the passive voice and convert it to active voice.  B, E

 

4.

Prepare office correspondence A, B, C, D

 

5.

Prepare letters of representation for each client. A, B, L

 

6.

Draft legal pleadings. A, B, F, G, H, I, J, K, L

 

7.

Draft memoranda in support of motions. A, B, C, D, E, F, G, H, I, J, K, L

 

8.

Analyze facts of client’s case. A, I

 

9.

Analyze case law. A, J

 

10.

Analyze statutory law. A, J

 

11.

Apply law to facts. A, I, J, K, L

 

12.

Prepare an office memorandum effectively communicating research of legal issues. B, C, D, E, F, G, H

*Letters after performance expectations reference the course objectives listed above.

V. Evaluation:

 

 

 

A. Testing Procedures:

 

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.
 

 

B. Laboratory Expectations:

 

Students should expect to study and work on writing assignments 2-10 hours per week.

 

C. Field Work:

 

 N/A

 

D. Other Evaluation Methods:

 

1. All tests and papers will be graded for spelling and English usage in addition to content and format.
2. Students are evaluated on the basis of in-class projects requiring use of the stated skills.  Class participation is important and will be considered in the final grade.
3. Any student encountering academic difficulty during the term is strongly encouraged to meet with the instructor to discuss options and solutions. 

 

E. Grading Scale:

 

A       93-100 
B+     88- 92 
B       83- 87
C+     78- 82 
C       73- 77 
D      65- 72
F       64 and below

VI. Policies:

 

 

 

A. Attendance Policy:

 

Pellissippi State expects students to attend all scheduled instructional activities. As a minimum, students in all courses (excluding distance learning courses) must be present for at least 75 percent of their scheduled class and laboratory meetings in order to receive credit for the course. Individual departments/programs/disciplines, with the approval of the vice president of Learning, may have requirements that are more stringent. In very specific circumstances, an appeal of the policy may be addressed to the head of the department in which the course was taken. If further action is warranted, the appeal may be addressed to the vice president of Learning.  (Pellissippi State Online Catalog)

 

B. Academic Dishonesty:

 

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 Pellissippi State procedures as a result of academic misconduct, the instructor has the authority to assign an F or a zero for the exercise or examination or to assign an F in the course. (Pellissippi State Online Catalog)

 

C. Accommodations for disabilities:

 

Students who need accommodations because of a disability, have emergency medical information to share, or need special arrangements in case the building must be evacuated should inform the instructor immediately, privately after class or in her or his 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 134 or 126 or by phone: 694-6751(Voice/TTY) or 539-7153. More information is available at www.pstcc.edu/departments/swd/.

 

D. Other Policies:

 

Late papers will not be accepted nor will make-up tests be given without specific approval of the instructor. 

Computer Usage Guidelines:
College-owned or -operated computing resources are provided for use by students of Pellissippi State.  All students are responsible for the usage of Pellissippi State’s computing resources in an effective, efficient, ethical and lawful manner. (Pellissippi State Online Catalog)