Course Syllabus
ADVANCED LEGAL RESEARCH AND WRITING – LGLA 2331
I. Course Description:
This course builds upon skills acquired in prior legal research and writing courses including computerized research techniques and preparation of complex legal documents such as briefs, legal office memoranda, and citation forms. Prerequisite: LGLA 1303 and 1305.
II. Required/Recommended Texts:
III. SCANs Competencies:
The SCANs Competencies that will be developed in this course
are listed on Attachment A.
This course will be taught via a combined lecture and Socratic method format. Students will be expected to have absorbed the assigned material prior to class and be able to respond to questions on the assigned material. In addition, students will complete assignments, including two complete office memoranda of law, using various legal research sources in a law library.
V. Course Rationale:
This course is designed to build upon skills acquired in prior legal research and writing courses including computerized research techniques and preparation of complex legal documents such as briefs, legal office memoranda, and citation forms.
VI. Course Outcomes:
The Student Learning Outcomes for this course are listed on
Attachment B.
VII. Course Evaluation System:
1. Midterm Exam 15 points
2. Final Exam 15 points
3. Memorandum One 25 points
4. Memorandum Two 25 points
5. Assignments 10 points
4. Participation 10 points
TOTAL POINTS------------------100 POINTS
A = 90-100 points
B = 80-89 points
C = 70-79 points
D = 60-69 points
F = 0-59 points
I will occasionally assign in-class assignments and homework assignments and reserve the right to take a grade on any or all of these assignments. Late Assignments: It is the student's responsibility to attend class, to take quizzes and exams with the rest of the class, and to hand in all assignments on time. Therefore, no late assignments of any kind will be accepted. If a student fails to turn in an assignment on time, or misses a quiz, that student will receive a "0" on that assignment or quiz.
Local Law Libraries:
Tarleton Law Library (471-7726): located at the western edge of the University of Texas School of Law at 727 East 26th Street. Hours vary, so call first.
State Law Library (463-1722): located on the 4th floor of the Thomas Clark Building at 14th and Lavaca. Hours are usually 8-5p, M-F.
Travis County Law Library(473-9500): located on the 4th floor of the Travis County Courthouse at 1100 Guadalupe. Hours are usually 8-6p, M-F.
VIII Course Policies:
You will be expected to have read and absorbed the material assigned for each class session. The instructor will call on students to explain concepts from the assigned material and from previous class sessions. Students will be allowed two announcements of “unprepared” or non-responses to questions during the course. Additional “unprepared” announcements or non-responses will result in the loss of class participation points. A non-response is a failure to respond to a question, or a response that indicates that the student has inadequately prepared for class.
Attendance for this class is mandatory. However, you are allowed one absence without an effect on your grade. Additional absences will result in the loss of class participation points. Arrival in class more than 15 minutes after the beginning of the class or leaving class more than 15 minutes before the end of class will be treated as a “one-half absence.” Excessive absences may eventually result in the student being withdrawn from the course. Do not, however, assume that absences will automatically result in a withdrawal. Excessive absences may simply result in a letter grade of “F” at the end of the course. If the student wishes to withdraw from the course, the student must go to an Admissions Office and fill out a Withdrawal Form.
An “Incomplete” will not be granted in this course unless the student has a grade of “C” or better on the midterm, and a “C”-average or better on the homework assignments, and a demonstrable emergency.
Acts prohibited by the college for which disciple may be administered include scholastic dishonesty, including but not limited to cheating on an exam or quiz, plagiarizing, and unauthorized collaboration with another in preparing outside work. Academic work submitted by students shall be the result of their thought, research or self-expression. Academic work is defined as, but not limited to tests, quizzes, whether taken electronically or on paper; projects, either individual or group, classroom presentation, and homework.
Each student is expected to participate in class. In any classroom situation that includes discussion and critical thinking, there are bound to be differing viewpoints. Students may not only disagree with each other on occasion, but the students and instructor may also find that they have disparate views. It is expected that these differences will enhance the class and create an atmosphere where students and instructor alike will be encouraged to think and learn. Accordingly, rest assured that no student’s grade will be adversely affected by any beliefs or ideas expressed in class.
In the event a student acts in such a way as to significantly interfere with or disrupt the learning atmosphere of the classroom, the instructor may direct the student to leave the class and may take other measures as appropriate. See the ACC Student Handbook either in hardcopy or on the web at http://www3.austin.cc.tx.us/evpcss/handbk/toc.htm.
Each ACC campus offers support services for students with documented physical or psychological disabilities. Students with disabilities must request reasonable accommodations through the Office for Students with Disabilities on the campus where they expect to take the majority of their classes. Students are encouraged to do this three weeks before the start of the semester.
The Course Calendar is a separate document that you will have received along with this syllabus.
General use of the testing center is not available to students in this course; however, should you have occasion to use an ACC testing center, be sure to first review the Testing Center Guidelines available either in the testing center or on the web under “students” at: http://www2.austin.cc.tx.us/testctr/.
A Student Services Handout is attached for your review.
An Instructional Services Handout is attached for your review.
ADVANCED
LEGAL RESEARCH AND WRITING – LGLA 2331
SCANs
Competencies
Students in this Course will be expected to use or achieve the following Competencies:
2.1
Participates as a Member of a Team: Works cooperatively
with others on joint assignments.
2.2
Teaches Others: Explains concepts in class
2.6 Works with Cultural Diversity: Works well with men and women and with a variety of ethic, social, or educational backgrounds in the context of the class.
3.1 Acquires and Evaluates Information: Extracts crucial legal issues from court cases and other sources.
3.2
Organizes and Maintains Information: Takes notes on
assigned material for use in class. Develops a Research Notebook for use in
future research assignments.
3.3
Interprets and Communicates Information: Evaluates
assigned material and explains it to class.
3.4
Uses Computers to Process Information: Uses computers
to process course notes, and to access various legal sources via Westlaw or the
internet.
5.2
Applies Technology to Task: Understands the overall
intent and the proper procedures for setting up and using computers and their
programs, particularly Westlaw.
6.1
Reading: Locates, understands, and interprets written
information in the text and in various legal research sources.
6.2
Writing: Communicates thoughts, ideas, information, and
messages effectively in writing.
6.5
Listening: Receives, attends to, interprets, and
responds to verbal messages during class lectures and discussions.
6.6
Speaking: Organizes ideas and effectively communicates
thoughts when being questioned in class and during class discussions.
7.1
Creative Thinking: Uses imagination freely, combines
ideas in new ways, when discussing hypothetical problems and when locating
sources material for legal documents.
7.2
Decision Making: Chooses the best alternative in
multiple choice questions.
7.3
Problem Solving: Recognizes problems in hypothetical
situations and identifies possible solutions.
7.5
Knowing How to
Learn: Finds the important information in class
discussions and texts and consolidates the information into a useable
format.
7.6
Reasoning:
Identifies the crucial issues in a research question and
recognizes what research choices will be best to answer
the issues.
8.1 Responsibility: Exerts a high level of effort and perseverance in effectively preparing for class and class discussions.
8.4
Self-Management:
Motivates self through goal achievement; exhibits self-
control and responds to feedback unemotionally and non-defensively, is a
“self-starter.”
8.5
Integrity/Honesty:
Can be trusted to accomplish his/her own work without
excessive involvement of other students.
ADVANCED
LEGAL RESEARCH AND WRITING – LGLA 2331
Learning
Outcomes
Students in this Course will be expected to achieve the following learning outcomes:
I. Case Analysis
A. Court Opinions and the Legal System
1. Explain difference between primary and secondary authority.
2. Recognize various types of authorities.
3. List the steps of basic case analysis.
4. Understand the organization of the federal court system and the state court systems.
B. Briefing Cases
1. Identifying Parties
a. Identify main parties by name.
b. Identify main parties by category or relationship.
c. Identify main parties by litigation status.
2. Identifying Objectives and Theories of the Parties
a. Identify objectives of main parties to a case.
b. Identify plaintiff's causes of action in a case.
c. Identify defendant's defenses and counterclaims in a case.
3. Identifying the History of the Litigation
a. Explain types of prior proceedings.
b. Identify prior proceedings in a case.
c. Recognize courts within a judicial system.
4. Identifying Key Facts
a. Define "key fact".
b. Identify key facts in a court opinion.
c. Justify why a fact should be considered "key" in a case.
d. Demonstrate how to use fact categorization to identify key facts.
e. Discuss when "totality of facts" is appropriate.
f. List the Nine Techniques for identifying key facts.
5. Identifying Issues and Holdings
a. Define "issue" and "holding".
b. Explain difference between issues of fact and issues of law.
c. List possible types of rules of law.
d. Phrase a legal issue appropriately.
e. Identify the legal issues in a court opinion.
f. Explain the "Four Tests for the Existence of a Legal Issue"
g. Identify the legal holdings in a court opinion.
h. Phrase a legal holding appropriately.
6. Identifying Reasoning
a. Identify the court's reasoning in a court opinion.
b. Recognize when the court is resolving a definitional issue.
c. Recognize when the court is resolving an issue of whether the facts fit.
d. Recognize when the court is resolving a consistency issue.
7. Dictum, Disposition and Commentary
a. Identify dicta in court opinion.
b. Identify the disposition in a court opinion.
c. Identify dissenting and concurring opinions.
d. Explain significance of dissenting and concurring opinions.
e. Write personal commentary on a court opinion.
C. Applying Court Opinions
1. Fact Comparisons
a. Identify fact similarities between two cases.
b. Identify fact differences between two cases.
c. Identify fact gaps between two cases.
d. Demonstrate how to use fact similarities, differences, and gaps when doing case analysis in a memorandum format.
2. Rule-of-law comparisons
a. Explain how the rule-of-law comparison works with two different statutes
b. Explain how the rule-of-law comparison works with a statute and a case.
c. Explain how the rule-of-law comparison works with a statute and a regulation.
d. Demonstrate how to use a rule-of-law comparison in a memorandum format.
3. Length and Comprehensiveness of Case Analysis
a. Identify the four categories of case analysis.
b. Demonstrate how to use conclusory, demonstrative, and exhaustive case analysis in a memorandum format.
c. Explain when each type of analysis is appropriate.
D. Researching the Memorandum
1. Identify the sources needed to complete a memorandum on a particular point of law.
2. Demonstrate how to locate various legal sources.
3. Demonstrate how to update various legal sources.
E. Writing the Memorandum
1. Identify kinds of legal memoranda
2. Use the proper structure in a simple interoffice memorandum of law.
3. Explain the structure of a complex interoffice memorandum of law.
4. Explain the structure of an External memorandum of law.
5. Demonstrate the use of legal analysis format in a memorandum.
F. Legal Citations
1. Demonstrate how to properly cite any source in a legal memorandum.
II. Statutory Analysis
A.
Introduction to Statutory Interpretation
1. Explain the court's role in statutory interpretation.
B. Canons of Construction
C.
Other Issues in Interpretation
a. Identify when statutory language is mandatory or discretionary.
a. Explain how grammar can change the interpretation of a statute.
a. Define retroactive and prospective.
b. Explain when retroactive application of a statute is allowed.
a. Explain how constitutional issue are avoided in statutory analysis.
a. Explain how statutory analysis works in relation to administrative regulations.