Introduction to Graduate Studies - Marshall University



Marshall University Course SyllabusCourse Title/Number CJ 423: Advanced Legal Research & WritingSemester/YearFall, 2012Days/TimeMonday, 4:00 – 6:20 pmLocationSH 418InstructorMargaret Phipps BrownOfficeSmith Hall 735, Marshall University, One John Marshall Drive, Huntington, WV 25755Phone304-696-3086; 304-696-3085 (fax)E-Mailbrownmp@marshall.eduOffice/HoursMonday 1:00 – 4:00 pm; Tuesday & Thursday 9:00 – 9:30 am; 11:00 – 11:30 am; 1:00 – 2:00 pm; 3:30 – 4:00 pm. Appointments at other hours are available by request.University PoliciesBy enrolling in this course, you agree to the University Policies listed below. Please read the full text of each policy be going to marshall.edu/academic-affairs and clicking on “Marshall University Policies.” Or, you can access the policies directly by going to Academic Dishonesty/ Excused Absence Policy for Undergraduates/ Computing Services Acceptable Use/ Inclement Weather/ Dead Week/ Students with Disabilities/ Academic Forgiveness/ Academic Probation and Suspension/ Academic Rights and Responsibilities of Students/ Affirmative Action/ Sexual Harassment Course Description: From CatalogGives the student additional experience in legal research and introduces the skills required in drafting legal documents. 3 credits. PR: Intro to Legal Research or permission.The table below shows the following relationships: How each student learning outcomes will be practiced and assessed in the course. Course Student Learning Outcomes How students will practice each outcome in this CourseHow student achievement of each outcome will be assessed in this CourseStudents will be able to implement legal research, including the ability to identify legal research resources and strategies of legal researchHomework and in class assignments relating to legal researchDemonstration of effective legal research in appellate briefStudents will be able to describe various types of legal instruments used in objective and persuasive legal writing, including intraoffice memorandum and appellate briefsReadings in textbook; Homework and in class assignments relating to legal documents; Class discussion of legal documentsIntraoffice memorandum (objective legal writing);Appellate brief (persuasive legal writing); Class assignments (other forms of legal documents)Students will be able to construct an intraoffice memorandum and appellate briefReadings in textbook; Homework and in class assignments relating to legal documentsIntraoffice memorandum; Appellate briefStudents will be able to predict court ruling and argue one side of an issueReadings in textbook; Homework and in class assignments relating to legal documentsIntraoffice memorandum;Appellate briefRequired Texts, Additional Reading, and Other MaterialsEdwards, L.H. (2010). Legal Writing: Process, Analysis, and Organization, 5th ed. Austin: Wolters Kluwer Law & Business.The Harvard Law Review Association. (2010). The Bluebook: A Uniform System of Citation, 19th ed., Cambridge, MA: Author. Course Requirements / Due DatesThere are two major assignments in this class: the intraoffice memorandum and the appellate brief. The intraoffice memorandum is due October 8, 2012. The appellate brief is due November 12, 2012. Other due dates are listed in the course schedule. Additional assignments, both in class and homework, will be given from time to time. Due dates for those assignments will be included with the assignment.Writing AssignmentsInformal writing assignments will be given periodically to strengthen students’ understanding of writing as a process and how to use proper writing style and Blue Book citation method. Some assignments will be in-class (there will be no make-up for missed in-class work). Others will be in the form of homework assignments. Homework assignments in which students are asked to submit written drafts or other work (not associated with the appendix of the textbook) should be typed, with standard margins, a 12 font size, and page numbers if appropriate. Late assignments will not be accepted.Students will submit two formal writing assignments: the intraoffice memorandum and the appellate brief. These assignments should demonstrate critical thinking, a logical thought process, appropriate writing style, and Blue Book citation form appropriate to the assignment. They must be typed, with 1” margins in Times New Roman 12 point font. Pages must be numbered appropriately. LATE ASSIGNMENTS WILL NOT BE ACCEPTED. MEMORANDUMFor purposes of this class, your intraoffice memorandum will follow the format below. See Appendix A for a Sample Office Memorandum.I.HeadingA.To:B.From:C.RE:D.Date:II.Introduction: A brief statement of the purpose of the documentIII.Question(s) PresentedIV.Short Answer(s) or Conclusion(s)V.FactsVI.DiscussionVII.ConclusionRefer to the Checklist for Rule Application on pp. 116-117, Checklist for an Office Memo on pp. 179-181, and Checklist for Language and Usage Errors on pp. 231-232 of your text.APPELLATE BRIEFFor purposes of this class, your appellate brief will follow the format below. See Appendices E and F of your text for an explanation of these components.I. Cover page II. Table of Contents (your issue(s) will be set out on this page, under the section for argument)III. Table of Authorities (your citations must be in Bluebook style)A.CasesB.Constitution and StatutesC.Other AuthoritiesIV.Question(s) Presented (in WV, these are called Assignments of Error)V.Statement of the FactsVI.Statement of the Case (this may be combined with the Statement of the Facts)VII.ArgumentA.SummaryB.Analysis of each issue, one at a time, citing appropriate authorityVIII.ConclusionIX.Appendix (if any)Refer to the Final Checklist on pp. 362-363 of your text.Academic Dishonesty PolicyAll students must be familiar with the university’s policy concerning academic dishonesty. Academic dishonesty includes cheating, fabrication and falsification of data or information, plagiarism, bribes/favors/threats, and complicity with any of these activities. Students who violate this policy face sanctions included in the Academic Dishonesty Policy, including lowering of a grade on an assignment, lowering of a final grade, or failing the course. Grading PolicyIntraoffice Memorandum - 100 points90-100% = AAppellate Brief - 200 points80-89% = BHomework/In-Class Assignments - 150-250 points70-79% = CFinal Exam - 100 points60-69% = DBelow 60% = FOnce assignments/exams are returned to students, it is the responsibility of the students to maintain those documents in case there is a discrepancy between my grade book and your actual grade. Please maintain your graded papers until you receive your final grade.Academic DishonestyAll students must be familiar with the university’s policy concerning academic dishonesty. Academic dishonesty includes cheating, fabrication and falsification of data or information, plagiarism, bribes/favors/ threats, and complicity with any of these activities. Students who violate this policy face sanctions included in the Academic Dishonesty Policy, including lowering of a grade on an assignment, lowering of a final grade, or failing the course. Attendance PolicyClass attendance is not required. However, those students who want and/or expect to do well in the class should attend class regularly. If a student misses a class other than for a university excused absence, that student cannot make up any assignments completed in class or due on that day.Course ScheduleWeekSubjectPagesAug. 27IntroductionAug. 27 – Aug. 31: Late Registration and Schedule AdjustmentSept. 1 – Sept. 3: University Computing Services UnavailableSept. 3Sept. 3: Labor Day Holiday – University ClosedSept. 3 – Nov. 2: “W” Withdrawal PeriodSept. 10Chapter 1 – First Things FirstChapter 2 – Outlining a RuleChapter 3- Outlining a Rule to Organize Your Analysis of a Legal IssueDUE: Case briefs for intraoffice memorandum1-1117-2929-37Sept. 17Chapter 4 – Formulating a Rule from a Case OpinionChapter 5 – Formulating a Rule from Multiple AuthoritiesChapter 6 – Using a Rule to Form the Structure: Special CircumstancesDUE: Formlate a rule of law for each case briefed for 9/10/12DUE: Synthesis of case briefs for intraoffice memorandumSept. 21: Application for December Graduation Due in Academic Dean’s Office39-5253-6869-77Sept. 24Chapter 7 – Writing the Analysis of a Single Issue: Rule ExplanationChapter 8 – Writing the Analysis of a Single Issue: Rule ApplicationChapter 9 – Writing the Analysis of a Single Issue: Organizing and Writing the Discussion of Multiple AuthoritiesChapter 10 – Writing the Analysis of Multiple IssuesSept. 28: Last Day to Drop 1st 8 Weeks Courses81-102103-118119-131132-146Oct. 1Chapter 11 – The Office Memo and the Law-Trained ReaderChapter 12 – Organizing for your Reader: The Discussion SectionChapter 13 – Completing the Draft of the Office MemoChapter 14 – Citations and QuotationsChapter 15 – Revising for Usage and StyleDUE: Working draft of entire intraoffice memorandumOct. 6: LSAT149-158159-166167-181185-212213-232Oct. 8Due: Intraoffice memorandumOct. 15Chapter 17 – Ethics, Judges, and BriefsChapter 18 – Formulating and Structuring a Favorable RuleChapter 19 – Drafting Working HeadingsChapter 20 – Writing the Working DraftOct. 16: Mid-semester, 1st 8 weeks Courses EndOct 17: 2nd 8 Weeks Courses Begin253-263265-282285-300301-318Oct. 22Chapter 21 – The Argument and Format of the BriefChapter 22 – The Statement of the FactsDUE: Draft of Facts, Issues, and Headings for Appellate BriefOct. 22: Deadline for Submitting Freshmen Mid Term Grades321-336337-356Oct. 29DUE: Detailed Outline of Discussion for Appellate BriefDUE: Final Statement of Facts, Issues, and Headings for Appellate BriefDUE: Table of Authorities for Appellate BriefOct. 29: Students should schedule appointments with advisors to prepare for advance registrationNov. 2: Last day to drop individual classes with W gradeNov. 5Chapter 23 – Editing the BriefDUE: Working Draft of Appellate BriefNov. 5: Recommended Date to Apply for May 2011 GraduationNov. 5 – Dec. 11: Complete withdrawals onlyNov. 5 – Nov. 16: Advance Registration for Spring Semester for Currently Enrolled Students359-363Nov. 12APPELLATE BRIEFS DUE – NO EXCEPTIONSNov. 16: Last Day to Drop 2nd 8 Weeks CoursesNov. 19THANKSGIVING BREAK – CLASSES DISMISSEDNov. 19 – Dec. 20: Advance Registration for Spring Semester Open to All Admitted StudentsNov. 19 – Nov. 25: Thanksgiving Break – Classes DismissedNov. 22 – Nov. 23: University ClosedNov. 22 – Nov. 25: University Computer Services UnavailableNov. 26Chapter 16 – Writing Professional Letters235-248Dec. 3Chapter 24 – Oral ArgumentDec. 5 – Dec. 11: Dead Week365-375Dec. 10OPEN Dec. 11: Last Day of Classes and Last Day to Completely WithdrawDec. 12: Study DayDec. 16: Winter CommencementFINAL12/17/12 @ 4:00 pm ................
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