Course Syllabus. PLGL i: Legal Research and Writing ONLINE SECTION Fall 2015

Transcription

1 Course Syllabus PLGL i: Legal Research and Writing ONLINE SECTION Fall 2015 Instructor: Christine Taylor, J.D. Phone: 435/ ; Fax: 435/ Office: General Classroom Building Office Hours: Monday/Wednesday 12:30 pm 3 pm (other times by appointment) Credit hours: 3 Course Description: Functions of the law library, indexing, and cataloging systems. Development of research skills using indexing systems, digests, encyclopedias, reporter systems, practice manuals, and computerized legal research programs and related legal memoranda. Extensive legal briefs and appellate practicum with significant out-ofclass research. Required Text: Foundations of Legal Research & Writing, 5th Edition Cengage Publishing, authors Carol M. Bast and Margie Hawkins Optional Text: The Blue Book: A Uniform System of Citation, 19th Edition From Harvard Law Review Association, etc. Course Objectives: The goals of this course are: (1) to provide students with an introduction to basic legal research in order to develop an understanding of the fundamental sources of the law and the ability to locate and cite the law both for lawyers and for themselves, and (2) to familiarize students with various forms of legal writing and the basic concepts of legal analysis in order for them to develop an understanding of legal documents and the skills necessary to assist in their preparation. The emphasis of the course is to assist students in researching and drafting all facets of legal documents and, thus, to provide a practical approach to legal research, writing, and analysis.

2 After completing this course, students should experience the following learning outcomes as they relate to the listed activities and assessment methods below: LEARNING OUTCOMES LEARNING ACTIVITIES ASSESSMENT METHODS 1. Understand the historic foundation of the American Legal System with an emphasis on primary vs. secondary sources of law, classification of law, and hierarchy of law presentation Exercises 2. Find and analyze law-related resources found in a library and categorize the type of law such materials include and its authority and jurisdiction 3. Perform basic legal analysis including statutory analysis and case briefing 4. Describe the role of legal professionals including paralegals with regard to legal research and writing with ethical considerations stressed 5. Describe and research through resources and finding tools regarding both primary and secondary sources of law including the constitution, statutes, court opinions, court rules, administrative law, legal encyclopedias, law reviews, legal journals, paralegal resources, etc. 6. Cite legal authority pursuant to uniform standards library review, power point presentation, project presentation, project presentation library/calr review, presentation, projects library/calr review, presentation, projects Exercises, research exercises Exercises, case briefing project Exercises Exercises, research journal project, research exercises Exercises, all writing assignments 7. Develop a working knowledge of law and research terminology; apply the concepts of legal research to find the law; library/calr review, Exercises, all writing assignments

3 develop an appreciation of the complexity and subtlety of the law; develop a certain degree of selfconfidence in the ability to research the law, through use of books, computer -assisted legal research, and the Internet to find both secondary and primary legal sources; establish and follow strategies for performing legal research 8. Research and analyze law necessary to prepare/write the following legal documents: Case Brief; Law Office Memorandum; Pleading; and Appellate Brief presentation, projects presentation, group work, projects Exercises, Writing Projects Re: Case Brief; Law Office Memorandum; and Appellate Brief Computer Systems Requirements: SUU Online lists computer systems requirements for students who are taking Canvas classes at (Links to an external site.). Thus, you should check your home computer to be sure you have the proper systems. Of course, you may use computers on campus including those in the library. Public libraries also have computers but may not have needed systems and may have limited availability. It is up to each student to be sure he or she has adequate computer availability for this course. Computer related questions should be posed to the SUU Help Desk at Canvas issues may be posted to CANVAS Support by SUU Online (M-F 8am-5pm (435) ED 338). Do not wait to report problems. Note: Students must have technical skills to be successful in an online class using Canvas such as the ability to use with attachments, copying and pasting, using Word and PDF. Please let the instructor know immediately if you are deficient in such technical skills. Attendance/Late Work/Method of Instruction: This course is offered online through Canvas. Students are expected to spend the same amount of time in their Canvas classroom, with their studies, assignments, etc. as is expected of students in an in-person classroom environment. Each week students will be assigned readings, studies, homework/discussions, project work, etc. and they are to complete such matters in a timely fashion. All assignments, projects, homework, and the like are due and must be received online on or before the matter s due date. Late submissions will not be accepted. In the event of an emergency or exceptional circumstance, an allowance may be made at the instructor s discretion if requested by the student to the instructor as soon as possible after the emergency.

4 ACADEMIC INTEGRITY: Scholastic dishonesty will not be tolerated and will be prosecuted to the fullest extent. You are expected to have read and understood the current issue of the student handbook (published by Student Services) regarding student responsibilities and rights, and the intellectual property policy, for information about procedures and about what constitutes acceptable on-campus behavior. PLAGIARISM: All student writing should be the original work of the student. SUU has a license agreement with Turnitin.com, a service that detects plagiarism by comparing student papers against billions of pages of Internet resources, databases, and other student papers from around the world. Your work in this class may, thus, be checked for originality and plagiarism using Turnitin. Additional information about the Turnitin plagiarism prevention tool is available at ( ADA STATEMENT: Students with medical, psychological, learning or other disabilities desiring academic adjustments, accommodations or auxiliary aids will need to contact the Southern Utah University Coordinator of Services for Students with Disabilities (SSD), in Room 206F of the Sharwan Smith Center or phone (435) SSD determines eligibility for and authorizes the provision of services. EMERGENCY MANAGEMENT STATEMENT: In case of emergency, the University's Emergency Notification System (ENS) will be activated. Students are encouraged to maintain updated contact information using the link on the homepage of the mysuu portal. In addition, students are encouraged to familiarize themselves with the Emergency Response Protocols posted in each classroom. Detailed information about the University's emergency management plan can be found at HEOA COMPLIANCE STATEMENT: The sharing of copyrighted material through peer-to-peer (P2P) file sharing, except as provided under U.S. copyright law, is prohibited by law. Detailed information can be found at (Links to an external site.). FINAL DISCLAIMER: This course is subject to change at the discretion of the instructor. If such a change occurs, the class will be notified by Announcement in the Canvas classroom. Statement on Academic Rigor: The department of Political Science and Criminal Justice is committed to academic rigor. Students should expect to be challenged in every course. Students are accountable for their performance, which will be reflected in the grade they earn in accordance with the standards set forth in the syllabus for each class. Students are expected to think critically, read and engage course materials, apply and synthesize ideas, and express themselves well orally and in writing. Methods of Instruction: The course is taught from an online format with integrated discussion of examples and assignments/projects. The student is encouraged to take an active role in the learning process. Methods of Grading: The grade is based on student performance with respect to exams and assignments/projects. Further, absences & failure to timely submit work will detract from the final grade. Failure to observe standards of academic honesty or other

5 behavior contradictory to achievement of course objectives may result in administrative action by the instructor. Grading Standards: HOMEWORK/DISCUSSION ASSIGNMENTS: 15% RESEARCH & CITATION EXERCISES: 15% COMPUTER RESEARCH EXERCISES 10% PROJECT ONE: Case Brief 10% PROJECT TWO: Research Journal 15% PROJECT THREE: Law Office Memorandum 15% PROJECT FOUR: Appellate Brief 20% The final average is calculated by averaging all the grades per the above formula and deriving a composite score. The final grade is arrived at by the following: A B C D F 59 0 TENTATIVE COURSE CALENDAR (subject to change upon notice) (each MODULE accounts for one week per the 15 week semester with specific dates relating to each MODULE and due dates for assignments, discussions, projects, and exam to be found under the MODULES tab) MODULE ONE: THE LAW and ITS PRIMARY SOURCES first day of class (Introductions; Discussion of Syllabus/Assignments/Exam/Projects; pre-course assessment) Reading/Power Point Presentation: Chapter 1. Law and Sources of Law. Reading/Power Point Presentations: Chapter 5. Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law. MODULE TWO: The Judicial Branch and Case Law Reading/Power Point Presentation: Chapter 4. The Judicial Branch and Cases

6 COURT OPINIONS AND LEGAL ANALYSIS MODULE THREE: Secondary Sources of the Law; Finding Tools; Citators; Legal Hierarchy & Classifications; Conflict of Laws Reading/Power Point Presentation: Chapter 3. Secondary Sources and Finding Tools. Reading/Power Point Presentation: Chapter 6. Citators. ADDITIONAL MATERIALS 1. Secondary Sources and Finding Tools by Chris Taylor 2. Harvard Law Research Video Series: Secondary Sources & Finding Tools 3. Power Point Presentations: Hierarchy of Laws and Conflict of Laws MODULE FOUR: Legal Citations and Use of the BLUEBOOK Readings/Power Point Presentations: Portions of Chapters One, Three, Four, Five, & Six Regarding Citations of Primary and Secondary Authority Appendix B. Locating and Citing to Cases Appendix C. Rules for Quotations and Short-Form Citations Review basic citation formats for primary and secondary authority found in The Blue Book: A Uniform System of Citation, 19th Edition, Harvard Law Review Association, etc. Power Point Presentation on BLUEBOOK Citations Introduction to Basic Legal Citation by Peter W. Martin (E-book linked to this Module) MODULE FIVE: Research & Citation Exercises MODULE SIX: Computer-Assisted Legal Research (CALR) Reading/Power Point Presentation: Chapter 8. Computer-Assisted Legal Research. Appendix F. Internet Technology Appendix G. Legal Research Starting Points and Web Search Tools

7 Appendix H. Federal Law Web Resources Appendix I. State and Municipal Government Law Web Resources Appendix J. International Law Web Resources Review of WESTLAW NEXT & WESTLAW CLASSIC from SUU Library Site COMPUTER RESOURCES: RESEARCH EXERCISES ASSIGNMENT MODULE SEVEN: Work on Computer Exercises MODULE EIGHT: Legal Reasoning & Analysis; Case Briefing Reading/Power Point Presentation: Chapter 2. Legal Reasoning and Analysis. Reading/Power Point Presentation: Chapter 4. The Judicial Branch and Cases (pages re CASE BRIEFING) Review of MODULE TWO Readings and Power Point Presentations on Case Briefing and IRAC Method of Legal Analysis ADDITIONAL MATERIALS re IRAC Method of Legal Analysis ASSIGNMENT: PROJECT ONE: Case Brief MODULE NINE: Research and Ethics Reading: Chapter 7. Overview of the Research Process and Ethical Considerations. MODULE NINE Homework Assignment PROJECTS TWO -- FIVE: Legal Analysis and Legal Writing - hypothetical fact scenario to be used in these projects presented for review ASSIGNMENT: PROJECT TWO: The Research Journal MODULE TEN: Fundamentals of Writing; Legal Writing Introduction; Law Office Memorandum Reading/Power Point Presentation: Chapter 9. Introduction to Legal Writing. Reading/Power Point Presentation: Chapter 10. Fundamentals of Writing.

8 Appendix D. Mechanical Errors MODULE TEN Homework Assignment Reading/Power Point Presentation: Chapter 13. Law Office Memo. ASSIGNMENT: PROJECT THREE: Law Office Memorandum MODULE ELEVEN: Law Office Memorandum (continued) MODULE TWELVE: Transmittal Letter, Client Opinion Letter, Correspondence, and Pleadings Reading/Power Point Presentation: Read for basic understanding: Chapter 11. Transmittal Letter, Client Opinion Letter, and Correspondence; Chapter 12. Pleadings; and Chapter 14. Memorandum of Law. MODULE THIRTEEN: Appellate Brief Reading/Power Point Presentation: Chapter 15. Appellate Brief. ASSIGNMENT: PROJECT FOUR: Appellate Brief Table of Contents; Table of Authorities; Jurisdictional Statement; Statement of the Issues Presented for Review; Statement of the Case; Statement of the Facts; Summary of the Argument; Argument; Legal Conclusion. MODULE FOURTEEN: Appellate Brief (continued) Work on Appellate Brief Project MODULE FIFTEEN Work on completion of Appellate Brief Project Project Four: Appellate Brief Due