Marshall University

Course Syllabus

Course Title/Number / CJ 423: Advanced Legal Research & Writing
Semester/Year / Fall, 2012
Days/Time / Monday, 4:00 – 6:20 pm
Location / SH 418
Instructor / Margaret Phipps Brown
Office / Smith Hall 735, Marshall University, One John Marshall Drive, Huntington, WV 25755
Phone / 304-696-3086; 304-696-3085 (fax)
E-Mail /
Office/Hours / Monday 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 Policies / By enrolling in this course, you agree to the University Policies listed below. Please read the full text of each policy be going to www.marshall.edu/academic-affairs and clicking on “Marshall University Policies.” Or, you can access the policies directly by going to http://www.marshall.edu/academic-affairs/?page_id=802
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 Catalog

Gives 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 Course / How student achievement of each outcome will be assessed in this Course
Students will be able to implement legal research, including the ability to identify legal research resources and strategies of legal research / Homework and in class assignments relating to legal research / Demonstration of effective legal research in appellate brief
Students will be able to describe various types of legal instruments used in objective and persuasive legal writing, including intraoffice memorandum and appellate briefs / Readings in textbook; Homework and in class assignments relating to legal documents; Class discussion of legal documents / Intraoffice 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 brief / Readings in textbook; Homework and in class assignments relating to legal documents / Intraoffice memorandum; Appellate brief
Students will be able to predict court ruling and argue one side of an issue / Readings in textbook; Homework and in class assignments relating to legal documents / Intraoffice memorandum;
Appellate brief

Required Texts, Additional Reading, and Other Materials

Edwards, 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.

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Course Requirements / Due Dates

There 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 Assignments
Informal 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.
MEMORANDUM
For purposes of this class, your intraoffice memorandum will follow the format below. See Appendix A for a Sample Office Memorandum.
I. Heading
A. To:
B. From:
C. RE:
D. Date:
II. Introduction: A brief statement of the purpose of the document
III. Question(s) Presented
IV. Short Answer(s) or Conclusion(s)
V. Facts
VI. Discussion
VII. Conclusion
Refer 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 BRIEF
For 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. Cases
B. Constitution and Statutes
C. Other Authorities
IV. Question(s) Presented (in WV, these are called Assignments of Error)
V. Statement of the Facts
VI. Statement of the Case (this may be combined with the Statement of the Facts)
VII. Argument
A. Summary
B. Analysis of each issue, one at a time, citing appropriate authority
VIII. Conclusion
IX. Appendix (if any)
Refer to the Final Checklist on pp. 362-363 of your text.
Academic Dishonesty Policy
All 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 Policy

Intraoffice Memorandum - 100 points 90-100% = A
Appellate Brief - 200 points 80-89% = B
Homework/In-Class Assignments - 150-250 points 70-79% = C
Final Exam - 100 points 60-69% = D
Below 60% = F
Once 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 Dishonesty
All 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 Policy

Class 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.

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Course Schedule

Week / Subject / Pages
Aug. 27 / Introduction
Aug. 27 – Aug. 31: Late Registration and Schedule Adjustment
Sept. 1 – Sept. 3: University Computing Services Unavailable
Sept. 3 / Sept. 3: Labor Day Holiday – University Closed
Sept. 3 – Nov. 2: “W” Withdrawal Period
Sept. 10 / Chapter 1 – First Things First
Chapter 2 – Outlining a Rule
Chapter 3- Outlining a Rule to Organize Your Analysis of a Legal Issue
DUE: Case briefs for intraoffice memorandum / 1-11
17-29
29-37
Sept. 17 / Chapter 4 – Formulating a Rule from a Case Opinion
Chapter 5 – Formulating a Rule from Multiple Authorities
Chapter 6 – Using a Rule to Form the Structure: Special Circumstances
DUE: Formlate a rule of law for each case briefed for 9/10/12
DUE: Synthesis of case briefs for intraoffice memorandum
Sept. 21: Application for December Graduation Due in Academic Dean’s Office / 39-52
53-68
69-77
Sept. 24 / Chapter 7 – Writing the Analysis of a Single Issue: Rule Explanation
Chapter 8 – Writing the Analysis of a Single Issue: Rule Application
Chapter 9 – Writing the Analysis of a Single Issue: Organizing and
Writing the Discussion of Multiple Authorities
Chapter 10 – Writing the Analysis of Multiple Issues
Sept. 28: Last Day to Drop 1st 8 Weeks Courses / 81-102
103-118
119-131
132-146
Oct. 1 / Chapter 11 – The Office Memo and the Law-Trained Reader
Chapter 12 – Organizing for your Reader: The Discussion Section
Chapter 13 – Completing the Draft of the Office Memo
Chapter 14 – Citations and Quotations
Chapter 15 – Revising for Usage and Style
DUE: Working draft of entire intraoffice memorandum
Oct. 6: LSAT / 149-158
159-166
167-181
185-212
213-232
Oct. 8 / Due: Intraoffice memorandum
Oct. 15 / Chapter 17 – Ethics, Judges, and Briefs
Chapter 18 – Formulating and Structuring a Favorable Rule
Chapter 19 – Drafting Working Headings
Chapter 20 – Writing the Working Draft
Oct. 16: Mid-semester, 1st 8 weeks Courses End
Oct 17: 2nd 8 Weeks Courses Begin / 253-263
265-282
285-300
301-318
Oct. 22 / Chapter 21 – The Argument and Format of the Brief
Chapter 22 – The Statement of the Facts
DUE: Draft of Facts, Issues, and Headings for Appellate Brief
Oct. 22: Deadline for Submitting Freshmen Mid Term Grades / 321-336
337-356
Oct. 29 / DUE: Detailed Outline of Discussion for Appellate Brief
DUE: Final Statement of Facts, Issues, and Headings for Appellate Brief
DUE: Table of Authorities for Appellate Brief
Oct. 29: Students should schedule appointments with advisors to prepare for advance registration
Nov. 2: Last day to drop individual classes with W grade
Nov. 5 / Chapter 23 – Editing the Brief
DUE: Working Draft of Appellate Brief
Nov. 5: Recommended Date to Apply for May 2011 Graduation
Nov. 5 – Dec. 11: Complete withdrawals only
Nov. 5 – Nov. 16: Advance Registration for Spring Semester for Currently Enrolled Students / 359-363
Nov. 12 / APPELLATE BRIEFS DUE – NO EXCEPTIONS
Nov. 16: Last Day to Drop 2nd 8 Weeks Courses
Nov. 19 / THANKSGIVING BREAK – CLASSES DISMISSED
Nov. 19 – Dec. 20: Advance Registration for Spring Semester Open to All Admitted Students
Nov. 19 – Nov. 25: Thanksgiving Break – Classes Dismissed
Nov. 22 – Nov. 23: University Closed
Nov. 22 – Nov. 25: University Computer Services Unavailable
Nov. 26 / Chapter 16 – Writing Professional Letters / 235-248
Dec. 3 / Chapter 24 – Oral Argument
Dec. 5 – Dec. 11: Dead Week / 365-375
Dec. 10 / OPEN
Dec. 11: Last Day of Classes and Last Day to Completely Withdraw
Dec. 12: Study Day
Dec. 16: Winter Commencement
FINAL / 12/17/12 @ 4:00 pm

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