COURSE INFORMATION AND SYLLABUS

Transcription

1 LGLA 1305 Legal Writing COURSE INFORMATION AND SYLLABUS Instructor: Office Location: Office Phone: John A. Whitehead, J.D. BA 103A (Kilgore) (Kilgore) Office Hours: MWF - 11:00-12:00 a.m. 1:00-2:00 p.m. TTh - 8:30-9:30 a.m. 1:30-2:30 p.m. Available other hours by appointment. COURSE DESCRIPTION: The course provides a working knowledge of the fundamentals of effective legal writing. Topics include briefs, legal memoranda, case and fact analysis, citation forms, and legal writing styles. TEXTBOOK: Legal Analysis and Writing by William H. Putman; ALWD Citation Manual; Texas Rules of Form ATTENDANCE POLICIES: Please familiarize yourself with the Kilgore College student policies. With regard to absences, I will permit excessive absences only in extremely unusual dircumstances. Two tardies will be counted as one absence. If it is necessary to miss a class, the student is responsible for consulting the instructor or another student in the class as soon as possible to check on assignments. I can drop you after you miss 6 classes. IF YOU DECIDE TO STOP COMING TO CLASS, YOU SHOULD DROP THE CLASS. I may not drop you, and you may receive a failing grade for the class. ASSIGNMENTS: You are responsible for reading all assigned materials prior to class. The syllabus outlines when materials are to be covered, but it may be revised from time to time. If it is necessary to miss a class, you are responsible for consulting the instructor or another student in the class as soon as possible to check on assignments. EVALUATION: Your semester grade will be based on: 1) Tests... 25% 2) Written Assignments/Quizzes...50% 3) Final Exam...25% TESTING: Tests and quizzes will cover material from assigned reading and class lectures. I will use a variety of testing formats, including true/false, multiple choice and essay questions. One or more "pop" quizzes may be given during the semester as well. WRITING ASSIGNMENTS: All writing assignments will be weighted equally, with the exception of the memorandum of law, which will count as two assignments. FINAL EXAM: The final exam will be comprehensive for the entire semester.

2 KILGORE COLLEGE LGLA 1303: LEGAL RESEARCH Syllabus I. COURSE DESCRIPTION (3-3-0) This course provides a working knowledge of the fundamentals of effective legal research. Topics include law library techniques, computer assisted legal research, briefs, and legal memoranda. Prerequisites: eligibility to enroll in READ 0308 or a passing score on the TASP test reading section. II. COURSE RATIONALE The student will learn to locate, read and understand primary and secondary legal authority; design and implement effective research strategies; and be familiar with computer assisted legal research tools and the proper role of these tools. These are important skills for a legal assistant to possess. III. REQUIRED MATERIALS Textbook as listed in bookstore ALWD Citation Manual: A Professional System of Citation by Dickerson or A Uniform System of Citation pub. By Harvard Law Review Association (instructors choice) WESTLAW Campus online legal research program IV. STUDENT LEARNING OUTCOMES A. The student will know the characteristics and use of all major primary sources used in legal research, including case, statutory, administrative, and constitutional law. Activities: text readings, class lectures, discussion and weekly research assignments Assessment: chapter exams and weekly research assignments B. The student will know the characteristics and use of all major secondary sources used in legal research, including legal encyclopedias, law reviews, periodicals, hornbook and treatises. assignments and major research assignment C. The student will locate the resources needed to pursue research of an assigned legal question.

3 assignments and major research assignment Assessment: chapter exams, weekly research assignments and major research assignment D. The student will analyze a set of given facts to determine the legal issues involved and select and utilize legal authorities to find answers to the legal issues identified. assignments Assessment: chapter exams, weekly research assignments SCANS: 1, 2, 5, 7, 8 E. The student will read, analyze and determine if a primary legal authority is still valid. assignment Assessment: chapter exams, weekly research assignments F. The student will access a database and formulate a plausible query on the Westlaw computerized legal research system. assignments and major research assignment Assessment: chapter exams, weekly research assignments and major research assignment G. The student will update and cross-reference an assigned legal authority to find further authorities on a subject. assignments Assessment: chapter exams and weekly research assignments H. The student will synthesize legal research methods and sources with an assigned hypothetical client fact situation and write a research memorandum detailing the results of the student s research. Activities: text readings, class lectures, discussion and major research assignment Assessment: major research assignment SCANS: 1, 2, 4, 5, 6,7, 8 SCANS COMPETENCIES

4 1. READING 2. WRITING 3. ARITHMETIC OR MATHEMATICS 4. SPEAKING AND LISTENING 5. THINKING SKILLS 6. PERSONAL QUALITIES 7. WORKPLACE COMPETENCIES 8. BASIC USE OF COMPUTERS V. Evaluation and classroom policies: per instructor READING ASSIGNMENTS WEEK TOPIC ASSIGNED READING Week 1 Introduction to Course Introduction to Legal Authorities Ch. 1 Week 2 Introduction to Legal Authorities Introduction to Legal Analysis Ch. 2 Week 3 Statutory Analysis Ch. 3 Case Law and Case Briefing Ch. 4 Week 4 Legal Writing: The Basics Grammar and Punctuation Ch. 4 Week 5 Grammar and Punctuation (cont d) Correspondence and Internal Memos Ch. 5 Week 6 Correspondence and Internal Memos (cont d) Week 7 Legal Research Ch. 6 Week 8 Citation Form Ch. 7

5 Legal Analysis Ch. 8 Week 9 SPRING VACATION Week 10 Legal Analysis (cont d) Legal memoranda Ch. 9 Week 11 Legal Memoranda (cont d) Pleadings Ch. 11 Week 12 Pleadings (cont d) Week 13 Motions and Supporting Briefs Ch. 12 Week 14 Drafting Discovery Documents Ch. 13 Discovery Week 15 Discovery (cont d) Week 16 Discovery (cont d) Review for Final FINAL: To be announced

6 SYLLABUS COURSE DESCRIPTION This course provides a working knowledge of the fundamentals of effective legal writing. Topics include briefs, legal memoranda, case and fact analysis, citation forms, and legal writing styles.. Prerequisites: Eligibility to enroll in READ 0308 or a passing score on the TASP test reading section. COMPETENCIES (*SCANS) A. Analyze structure of complex sentences to improve clarity of expression and organization. 3. Interpret and communicate information. (2, 4, 5) B. Write case brief detailing legal issue, court's holding and reasoning. C. Write a research memorandum analyzing and applying the law to a given set of facts. D. Draft a pleading in a hypothetical lawsuit. 3. Interpret and communicate information (2, 4, 5, 8) E. Draft legal correspondence for informative, advisory and confirmation purposes. F. Draft a discovery document.

7 OBJECTIVES (*SCANS) *SCANS COMPETENCIES G. Work with diversity--work well with men and woman from diverse backgrounds. (6) H. Given a series of complex sentences to analyze, the student will be able to improve clarity and organization with a minimum of 60% accuracy. (1, 2, 5) I. Given a court opinion, the student will correctly identify and write the legal issue(s), the court's holding, and the court's reasoning. (1, 2, 5, 7) J. Given a hypothetical client situation and a research packet of case and statutory law, the student will be able to synthesize the law and apply the facts in correct research memorandum style. (1, 2, 5, 7, 8) K. Given the facts of a hypothetical client's legal problem, the student will be able to draft a technically correctly pleading. (1, 2, 5, 7, 8) L. Given a series of assignments, the student will be able to draft stylistically correct correspondence for informative, advisory, and confirmation purposes. (1, 2, 5, 7, 8) M. Given the facts of a hypothetical lawsuit, the student will be able to draft a technically correct discovery document. (1, 2, 5, 7, 8) N. Assigned randomly to work with other students on drafting and editing, the students will work amicably with all students in the classroom. (1, 2, 4, 5, 6, 7, 8) 1. READING 2. WRITING 3. ARITHMETIC OR MATHEMATICS 4. SPEAKING AND LISTENING 5. THINKING SKILLS 6. PERSONAL QUALITIES 7. WORKPLACE COMPETENCIES 8. BASIC USE OF COMPUTERS