Pellissippi State Technical Community College
Master Syllabus


LEGAL WRITING & ANALYSIS
LAW 1050

Class Hours: 3.0

Instructor:

Laboratory Hours: 0.0

Office No.:

Credit Hours: 3.0

Phone No.:

Revised: November 01, 2007

E-mail:


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

Textbooks and Other Supplies:

  1. Putnam, William H., Legal Research, Analysis and Writing, (Thompson/Delmar, 2004)
  2. McGaugh, Tracy L, Interactive Citation Workbook for ALWD Citation Manual 2007 Edition (LexisNexis, 2007)
  3. Dickerson, Darby, ALWD Citation Manual, A Professional System of Citation, 3rd Edition (Aspen, 2006)

 

I.      WEEK/UNIT/TOPIC BASIS:

WEEK

UNIT

TOPIC

1

Putnam, Chapter 1

Introduction to Legal Principles and Authorities (3 hours)

2, 3

Putnam, Chapters 9,10

Introduction to Legal Analysis (1 hour)
Legal Analysis – Key Facts (2 hours); Legal Analysis – Issue Identification (1 hours); Legal Analysis – Stating the Issue ( 1 hours); Case Law and Case Briefing ( 1 hour)

4, 5

Putnam, Chapter 11, 12

Legal Analysis – Case Briefing ( 3 hours); Counter Analysis (1 hour);  Statutory Analysis (2 hours)

6, 7

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

Putman Chapter 15

Legal Writing exercises ( 3 hours)

10

 

Legal Writing exercises ( 3 hours)

11

Putnam, Chapter 16

Office Legal Memorandum -  Issues and Facts ( 2.0 hours); Legal Writing Exercises (1 hour)

12, 13

Putnam , Chapter 17

Office Legal Memorandum -  Facts (1.0 hour); Analysis (2.0 hours); Conclusion (2 hours); Legal Writing Exercises (1 hour)

14

Putnam, Chapter 13

Office Legal Memorandum (1 hour); Court Briefs and Appellate Briefs (1.0 hour); Legal Writing Exercises (1 hour)

15

 

FINAL EXAM: OFFICE LEGAL MEMORANDUM

II.      OBJECTIVES:

The student will

  1. Demonstrate a complete and thorough understanding of legal ethics. I, III, V
  2. Demonstrate a complete and thorough understanding of the importance of clarity in legal writing. I, II, III, IV
  3. Develop a complete and thorough understanding of the organization of a legal memorandum. I, II, III, IV
  4. Draft an objective legal memorandum that identifies issues, states the facts, discusses the law, and reaches a conclusion. I, II, III, IV, V
  5. Demonstrate a complete and thorough understanding of persuasive legal writing. I, II, III, IV
  6. Demonstrate a thorough understanding of legal citation. I, II, III, IV
  7. Demonstrate a complete and thorough understanding of the importance of distinguishing between fact and inference. II, III, IV
  8. Exhibit an adequate understanding of the application of law to the facts. I, II, III, IV
  9. Demonstrate ability to analyze facts. II, III, IV
  10. Demonstrate ability to analyze statutory and case law. II, III, IV
  11. Demonstrate ability to apply law to facts. I, II, III, IV, V
  12. Continue developing a basic legal vocabulary. II, IV

III.      INSTRUCTIONAL PROCESSES:

The student 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.

IV.      EXPECTATIONS FOR STUDENT PERFORMANCE:

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)

V.      EVALUATION:

  1. 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.

 

  1. Laboratory Expectations: Students should expect to work on writing assignments 2-10 hours per week.
  2. Field Work:  N/A
  3. 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.

 

  1. 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:

  1. Attendance Policy:
    Pellissippi State Technical Community College expects students to attend all scheduled instructional activities. As a minimum, students in all courses must be present for at least 75 percent of their scheduled class and laboratory meetings in order to receive credit for the course. [NOTE: No differentiation is noted for excused/unexcused absences. These will be treated as an absence.] (Pellissippi State 2006-2008 Online Catalog)
  2. 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 2006-2008 Online Catalog)
  3. 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 2006-2008 Online Catalog)
  4. Late Work: Late papers will not be accepted nor will make-up tests be given without specific approval of the instructor.