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

• 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.
• Use twelve point Times New Roman type.
• 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.

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

8/8
Handout: Legal Matters
In-class exercise: Writing sample on legal writing.

In-class: Legal terms, the legal system, and legal writing.

8/10
Class meets in 1525 Phelps.
Reading: Statsky, Chapters 1-7
Homework: Exercises 6.7, 7.5
In-class: Law essay; introduction to ConnectWeb; comparison and correction of exercises.

8/15
Reading: Statsky, Chapters 8-10
Homework: Exercise 10.1, a-e, Thumbnail Briefs
In-class: Creating a comprehensive brief.
In-class: Peer Review

8/17
Class meets in 1525 Phelps.
Reading: Review Statsky 8-10
Homework: Draft of Knowles v. Iowa Brief
In-class: Library Research: Introduction to Lexis-Nexis

8/18
Brief of Knowles. v. Iowa due.

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

8/22
Reading: Statsky 11-14
Homework: Exercises 12.1, 14.2
In-class: Determining sufficient authority in arguments; the structure of a memorandum..

8/24
Class meets in 1525 Phelps.
Reading: Statsky 15-16

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

8/25

Memorandum due.

8/29
Readings: Statsky 17
Homework: Exercises 17.2 or 17.8
In-class: Paragraph structure; advocacy letters.

8/30

Advocacy Letter due.

III: Constructing an Argument: The Appellate Brief

8/31
Class meets in 1525 Phelps.
Readings: Statsky 18, Amarin v. Maryland Cup briefs (reader), appellate brief assignment.
Homework: Summary of arguments. Find a partner, create task schedule.
In-class: Planning an appeal; strategy and research.

9/5
Readings: Copyright article (reader); key cases (links).
Homework: Outline of appeal.
In-class: Logical arguments.

9/7
Class meets in 1525 Phelps.
Group Meetings.
Homework: First half of appeal draft.
In-class: Editing for clarity and consistency; teamwork.

9/12
Readings: Review Statsky 18
Homework: Second half of appeal draft.
In-class: Editing for rhetorical force.

9/15

Appellate Brief due.