Writing 109L-Writing for the Legal Profession

Instructor: James H. Donelan
Email: donelan@writing.ucsb.edu
Class Meetings: Monday and Wednesday, 8:00-9:15
Mondays, Building 387, Room 103; Wednesdays, Rincon Lab, Phelps 1518
Enroll Code: 56846
Office Hours: Monday, 9:30-10:30AM, Tuesday, 10:00-11:00AM, or by appointment

Office Location: 1319 Girvetz Hall
Texts: Statsky and Wernet, Case Analysis and Fundamentals of Legal Writing

A legal dictionary

A reader available at Graphikart

An online course management system, ConnectWeb, available online at http://connectweb.com/ucsb.asp

Course Description: The course will explore writing and research methods appropriate to the legal profession, including case briefs, memoranda of law, and appellate briefs. It emphasizes close reading, logical thinking, cogent analysis and argument, and clear, exact language. It is not designed to teach you legal terminology or the substantive law; and although specialized in its subject matter and formal requirements, the course offers both pre-law students and others interested in rhetoric and writing an opportunity to develop skills in expository and argumentative writing.

Requirements: You will write an in-class essay; a case brief; a legal memorandum, an advocacy letter, and an appellate brief. The relative value of these assignments and class participation in determining your course grade is as follows:

1. Law quiz-10%
2. Case brief-15%
3. Memo-15%
4. Letter-15%
5. Appellate brief-30%
6. Participation and completion of homework assignments-15%

Please observe the following rules:

• All assignments after the first week should be posted online via ConnectWeb, with the exception of the final draft of the appellate brief.
• Assignments should be no longer or shorter than the length assigned and submitted on time. Late assignments will result in grade reductions.
• Never submit an assignment without proofreading it carefully.
• Your classmates and your instructor depend on your presence in class and your full participation. Do not miss class or fail to engage in discussions or online feedback sessions.
• University regulations regarding plagiarism will be strictly enforced.

Syllabus

I: Terms, Definitions, and Sentences: The Case Brief

1/7
Handout: Legal Matters
Exercise: Writing sample on legal writing.

In-class: Logistics, legal terms, fundamental principles of American law

1/9
Class meets in Rincon Lab, 1518 Phelps.
Reading: Statsky, Chapters 1-6
Homework: Exercise 6.7
In-class: The American Court System

1/14

Class meets in Rincon Lab, 1518 Phelps.
Reading: Statsky, Chapter 7
Homework: Exercise 7.5
In-class: Law essay; introduction to ConnectWeb

1/16
Reading: Statsky, Chapters 8-10
Homework: Exercise 10.1, a-e, Thumbnail Briefs
In-class: Creating a comprehensive brief.

1/21Happy Martin Luther King Day!

1/23
Class meets in Rincon Lab, 1518 Phelps.
Reading: Knowles v. Iowa (reader), Statsky 19
Homework: Comprehensive Brief Draft; bring hard copy to class
In-class: Peer review

1/28
Class meets in 1526 Phelps.
Reading: Review Statsky 8-10
Homework: Brief of Knowles. v. Iowa due.
In-class: Library Research: Introduction to Lexis-Nexis

II: Paragraph Development: The Legal Memorandum and the Advocacy Letter

1/30
Class meets in Rincon Lab, 1518 Phelps.
Reading: Statsky 11-12
Homework: Exercise 12.1, 14.2
In-class: Determining sufficient authority in arguments

2/4
Reading: Statsky 13-14
Homework: Exercise 14.2
In-class: Memo writing

2/6

Class meets in Rincon Lab, 1518 Phelps.

Reading: Statsky 15-16

Homework: Memorandum due.
In-class: Presenting arguments; comparison of memoranda.

2/11

Readings: Statsky 17
Homework: Exercises 17.2 or 17.8
In-class: Paragraph structure; advocacy letters.

2/13
Class meets in Rincon Lab, 1518 Phelps.
Homework: Advocacy letter draft
In-class: Group readings; advocacy contest

2/18 Happy President’s Day!

2/20
Class meets in Rincon Lab, 1518 Phelps.
Homework: Advocacy Letter due.
In-class: Formation of working groups.

2/25
Readings: Statsky 18, Amarin v. Maryland Cup briefs (reader), appellate brief assignment.
Homework: Summary of arguments. Task schedule.
In-class: Planning an appeal; strategy and research.

III: Constructing an Argument: The Appellate Brief

2/27
Class meets in Rincon Lab, 1518 Phelps.
Readings: Copyright article (reader); key cases (links).
Homework: Basic arguments, outline and task list
In-class: Logic and argument; dividing tasks.

3/3
Readings: Review Statsky 18
Homework: First half of appeal draft.
In-class: Editing for rhetorical force.

3/5
Class meets in Rincon Lab, 1518 Phelps.
Homework: Keep working!
In-class: Group meetings.

3/10
Homework: Second half of appeal
In-class: Putting it together

3/12
Class meets in Rincon Lab, 1518 Phelps.
Homework: Full draft due.
In-class: Review and evaluation.

3/17

Appellate Brief due.