PAR 201. Legal Research and Writing II. Course Package

Transcription

1 PAR 201 Legal Research and Writing II Course Package Approved November 5, 2010 Effective Spring 2011

2 COURSE PACKAGE FORM Team Leader and Members Date of proposal to Curriculum Sub-committee: Candace Hofstadler (Leader), Jim Childe, Dario Hunter (PAR Resident Faculty), Nancy McClure. October 18, 2010 Purpose: New X Change Retire If this is a change, what is being changed? (Check ALL that apply) Update Prefix Title X Learning Units Competencies Format Change Course Description Course Number X Textbook Credits Prerequisite Effective Semester/Year Fall 2011_X_ Spring 20 Summer 20 COURSE INFORMATION Prefix & Number: PAR 201 Title: Legal Research and Writing II Catalog Course Description: More advanced principles and techniques of legal research and writing. Students will learn to conduct legal research using online research resources. Includes writing style, editing and proofreading, legal analysis, legal brief types, and applications of legal writing for memorandum, litigation documents, correspondence, and transaction documents. Credit Hours: 3 Modality: Online: On-Ground: X_ Lecture Hours: 3 Lab Hours: 0 Prerequisite(s): PAR 101 Co-requisite(s) Does this course need a separately scheduled lab component? Yes Does this course require additional fees? If so, please explain. Yes _X_No _X_No

3 Is there a similar course in the course bank? Yes (Please identify.) _X_No Articulation: Is this course or an equivalent offered at other two and four-year universities in Arizona? No _X_Yes (Identify the college, subject, prefix, number and title: PIMA, PAR 211- Legal Writing. (PIMA separates Research and Writing into two different courses.) Writing Across the Curriculum Rationale: Mohave Community College firmly supports the idea that writing can be used to improve education; students who write in their respective content areas will learn more and retain what they learn better than those who don t. Courses in the core curriculum have been identified as Writing Across the Curriculum courses. Minimum standards for the Writing Across the Curriculum component are: 1. The writing assignments should total words. For example, a single report which is 1500 words in length OR a series of essay questions and short papers (example: four 375-word assignments) which total 1500 words could meet the requirement. 2. The writing component will represent at least 10% of a student s final grade in the course. Is this course identified as a Writing Across the Curriculum course? _X_Yes No (See addendum for writing rubrics) Intended Course Goals. By the end of the semester, students will be able to: 1. Create a research strategy prior to beginning legal research. 2. Perform legal research using Digests and Computer Assisted Legal Research. 3. Validate research to determine whether its good law. 4. Write to inform the reader and to persuade the reader to take your position about a legal topic. Course Competencies and Objectives By the end of the semester, students will be able to:

4 Competency 1 - Validate legal research using Shepard s Citator. Objective 1.1 Describe the purpose of a citator. Objective 1.2 List and describe the types of authorities that may be Shepardized. Objective 1.3 Differentiate between the history of the case and the treatment of the case. Objective 1.4 Describe how Shepard s uses headnote numbers. Competency 2 - Use Computer Assisted Legal Research (CALR) to research a legal topic. Objective 2.1 List and describe the types of CALR. Objective 2.2 Discuss the benefits of full-text searching. Objective 2.3 Compare Boolean searching to natural language searching. Objective 2.4 List the steps the researcher should follow when preparing to perform computer assisted legal research. Competency 3 - Write a thesis paragraph for a legal discussion or argument. Objective 3.1 Discuss a researcher s initial consideration after completion of the research. Objective 3.2 Discuss the purpose of a thesis paragraph and describe how to arrange a thesis paragraph. Objective 3.3 Write a topic sentence for the thesis paragraph. Objective 3.5 Write a thesis paragraph using an active voice as much as possible. Competency 4 - Write to inform the reader about a selected legal topic. Objective 4.1 Explain the purpose of a legal memorandum. Objective 4.2 Describe the format for a memorandum of law. Objective 4.3 List the components of a memorandum of law. Objective 4.4 Compare and contrast how to write about situations controlled by statutory law and those controlled by case law. Objective 4.5 Write a memorandum of law including a statement of facts, issue statement, discussion, analysis, citing authorities, and conclusion. Competency 5 - Write to persuade the Court in favor of your position regarding a selected case or legal topic. Objective 5.1 Explain the rules of the Court. Objective 5.2 List and describe the common features found in legal memoranda and briefs. Objective 5.3 Write a Memorandum of Points and Authorities to the Court regarding a legal

5 topic. Objective 5.4 Explain how and why declarations are used. Objective 5.5 Discuss the purpose of a trial brief. Objective 5.6 Discuss the purpose of an appellate brief. Competency 6 - Write to maintain informative legal correspondence with clients and business partners. Objective 6.1 Write business letter using standard business format. Objective 6.2 Describe the different types of general correspondence that law firms use. Objective 6.3 List and describe the type of information contained in a case summary. Objective 6.4 Summarize a case file. Objective 6.5 Draft an opinion letter basedon provided facts. Objective 6.6 Draft a demand letter based on provided facts. Teacher s Guide Course Textbook, Materials and Equipment Textbook(s) Title Legal Research, Analysis, and Writing (3 rd Edition) Author(s) Publisher ISBN Joanne Banker Hames & Yvonne Ekern Pearson Prentice Hall X Software/ Equipment Textbook Costs LexisNexis Please indicate how much the textbook would cost if purchased through Barnes & Noble: $80.27 Course Assessments Description of Possible Course Assessments (Essays, multiple choice, etc.) Class participation and practice activities: 40% Writing Assignments: 50% Final Exam (multiple choice): 10% Including: Writing outlines, memoranda, opinion letters, business letters, research based assignments (e.g.

6 Exams standardized for this course? Midterm X Final Other (Please specify): Where can faculty members locate or access the required standardized exams for this course? (Contact Person and Location) Example: NCK Academic Chair Office short answer legal questions). Are exams required by the department? Yes _X_No If Yes, please specify: BHC Dario Hunter, Resident Faculty - Paralegal Student Outcomes: Identify the general education goals for student learning that is a component of this course. Check all that apply: 1. Communicate effectively. a. Read and comprehend at a college level. b. Write effectively in a college setting. 2. Demonstrate effective quantitative reasoning and problem solving skills. 3. Demonstrate effective qualitative reasoning skills. Method of Assessment Assignments requiring students to research and summarize law, write outlines, memoranda, opinion letters, business letters, complete research based assignments (e.g. short answer legal questions). Assignments requiring students to research and summarize law, write outlines, memoranda, opinion letters, business letters, complete research based assignments (e.g. short answer legal questions). 4. Apply effective methods of inquiry. a. Generate research paper by gathering information from varied sources, analyzing data and organizing information into a coherent structure. b. Employ the scientific method. 5. Demonstrate sensitivity to diversity a. Experience the creative products of humanity. b. Describe alternate historical, cultural, global perspectives. Learning Units A learning unit is a set of teaching activities and study materials that focuses on a topic and is used to meet the competencies and objectives intended for that topic. Learning Unit Topic 1: Validating Your Research: Using Shepard s, KeyCite and Other Citators Competency: 1

7 Objectives: Reading: Read Text Chapter 9 prior to class. Lecture/Class Discussion: 1. Lecture/demonstration about Shepard s Citators in print, online, and statutory Citators; KeyCite; other electronic Citators; and cite checking a document. Practice Activities: 1. In groups and individually, selected activities from Can You Figure It Out, Building Your Research Skills, Building Your Analysis Skills and Building Your Online Research Skills. (pg ). Assignment: Case Project on pg BYRS #2, a-e pg. 246 Learning Unit Topic 2: Computer Assisted Legal Research (CALR) Competency: 2 Objectives: Reading: Read Text Chapter 10 prior to class. Lecture/Class Discussion: Types of CALR: CD-Rom, LEXIS, Westlaw, internet, and intranets; search methods: full-text searching, Boolean searching, natural language searches, locating known Citators, table of contents; preparing to search; search possibilities and problems; and software. Practice Activities: 1. Selected activities, in groups and individually, from Can You Figure It Out, Building Your Research Skills, Building Your Analysis Skills, Building Your Online Research Skills. (pg ) Assignment: Questions for Review on pg. 281 and Building Your Online Research Skills Q. 3 on pg. 282; Can You Figure It Out, 1-8, pg Learning Unit Topic 3: Basic Legal Writing Tools Competency: 3 Objectives: Reading: Read Text Chapter 11 prior to class. Lecture/Class Discussion: Discuss a researcher s initial considerations after completion of research, discuss the purpose of a thesis write a thesis paragraph, demonstrate how to write a thesis paragraph, demonstrate how to write topic sentence, describe the editing and revision processes. Practice Activities: 1. Selected activities, in groups and individually, from Building Your Writing and Analysis Skills, Building Your Online Research Skills. (pg. 303) Assignments: Questions for Review pg. 303 and Building Your Online Research Skills Q. 1 [pg. 303] Learning Unit Topic 4: Predictive Legal Writing The Memorandum of Law Competency: 4 Objectives: Reading: Read Text Chapter 12 prior to class. Lecture/Class Discussion: Memorandum of law, format for memorandum of law, preparing to write the memorandum of law, writing the memorandum of law. Practice Activities: 1. Selected activities, in groups and individually, from Building Your Writing and Analysis Skills, Building Your Online Research Skills. (pg. 332) Assignment: Ch. 12 Case Project Learning Unit Topic 5: Persuasive Writing Writing to the Court Competency: 5 Objectives: Reading: Read Text Chapter 13 prior to class. Lecture/Class Discussion: Memorandum of points and authorities, rules of court, trial briefs, appellate briefs. Practice Activities: 1. Building Your Analytical Skills, pg Assignments: Case Project, pg Learning Unit Topic 6: Legal Correspondence Competency: 6 Objectives: Reading: Read Text Chapter 14 prior to class.

8 Lecture/Class Discussion: How to write business letters, case summaries, summarize a case file, draft an opinion letter, draft a demand letter. Practice Activities: Selected activities, in groups and individually, from Building Your Writing and Analysis Skills, Building Your Online Research Skills. (pg ) Assignment: Draft a business letter, demand letter, case summary and opinion letter; Questions for Review, pg. 383.