PLA 2114– Advanced Legal Research and Writing

SYLLABUS

Fall 2017

3 Credit Hours

Mondays, 9:45am to 12:25pm; Room:ES305, Clearwater Campus

INSTRUCTOR

Dr. Ian M. Banks

Location: SS 175 Clearwater Campus

Office Phone Number: (727) 791-2483

E-Mail Address:

CATALOG DESCRIPTION

Prerequisite: PLA 1104. This course is designed to perfect the research skills acquired in PLA 1104. Emphasis is placed on developing facility in state and federal research and the drafting of memoranda and briefs. In addition to mastering new materials in these areas, you will also draw upon and perfect the research and writing skills that were covered in Legal Research & Writing I.

REQUIRED TEXTS

1. Legal Analysis and Writing (4th ed.), Putnam, William. ISBN 9781133016540

2. THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (19th ed.). ISBN 9780615361161

RECOMMEMDED TEXT

1. Pocket Guide to Legal Writing, Putnam, William. ISBN 9781401865979

MAJOR LEARNING OBJECTIVES

1. The student will demonstrate an understanding of Florida law in the area of civil practice.

2. The student will demonstrate an understanding of Florida law in the area of criminal practice.

3. The student will demonstrate an understanding of federal law in a federal statutory cause of action.

4. The student will demonstrate an understanding of law applicable to diversity actions in federal court.

5. The student will develop the ability to evaluate a case.

6. The student will demonstrate the ability to persuasively argue legal issues.

GOALS THROUGHOUT THE COURSE

  1. Practice elements of the work ethic such as professionalism, preparedness, punctuality, honesty, cooperation, dependability, contribution, effectiveness, good manners, etc.
  2. Refine writing skills and expand legal vocabularies through completion of weekly guided writing exercises that allow students to communicate more effectively with lawyers, legal professionals, and clients.
  3. Carry out course assignments such as team discussions, team case studies, experiential exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills development, etc. that help develop a respect for diversity.
  4. Take part in course assignments such as team discussions, team case studies, experiential exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills development, etc. that help develop teamwork, leadership, and fellowship skills.
  5. Perform course assignments such as intensive writing exercises, team discussions, team case studies, experiential exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills development, etc. that help develop critical thinking, problem solving, goal setting, and planning skills.
  6. Listen to guest speakers from the legal community to learn the demands for clear legal writing in the law office.

ATTENDANCE POLICY

Attendance is expected and is essential for the successful completion of this course. Two late arrivals or early departures will count as an absence. If you have missed a class, you may make up your attendance points by contacting the professor and request to be given a make-up assignment. After 3 absences, you may be given a Withdrawal (W) or Failure (F) grade at the instructor’s discretion. At a minimum, if you have 4 or more weeks with 0 points under your participation grade, your grade will be greatly reduced.

It is always your responsibility to determine what material was covered in your absence. Illness or emergencies must be reported directly to the instructor and written evidence may be required.

Occasionally things happen that cause the Professor to be late to class. Class cancellations and late arrivals are very rare and I make every attempt to advise you as early as possible if a class is cancelled or I will be late.

You should always check MyCourses on the day that the class is scheduled to meet.

The last day to withdraw with a grade of “W” isOctober 19, 2017. A student who withdraws or is withdrawn after this date will be assigned a grade of “F” or “WF”. Withdrawing from the course anytime outside of the Drop/Add period will result in your having to pay for the course. I strongly advise that you speak with the Professor prior to making the decision to withdraw as you may be able to avoid withdrawing.

COURSE REQUIREMENTS

  1. You are expected to read, understand, and keep up with the textbook and other reading assignments throughout the semester.
  2. You should read the assigned chapters or material prior to class and be prepared to discuss the materials in class and ask any questions.
  3. You are required to participate in class. It is expected that students will volunteer to take part in these in-class exercises!
  4. You are REQUIRED to bring paper and a writing utensil to every class! We will be doing in-class quizzes and short writings that will require you to complete the assignment on paper and turn it in during the class.

WRITTEN SUBMISSION REQUIREMENTS

All assignments are to be submitted in 12-point Times New Roman font, double-spaced with 1-inch page margins. You should make sure to put your name on every submission even if submitted in electronic format.

INSTRUCTOR CONFERENCES

You are free to contact me to schedule an appointment for a conference. You can call me at my office phone number or send an e-mail. If I am not at the office, please leave a voice mail message. I check for messages on a regular basis. E-mail is often the best way to reach me. If you do not hear from me within 24 hours, please follow-up.

*I strongly prefer that you use MyCourses email to communicate with me.

If you do not receive a response to an email in MyCourses, you may email me at: . I strive to answer your emails as quickly as possible. Please note a couple of things about email:

1. I do not respond to every email. If you are informing me of something (as opposed to asking a question) and no response is necessary, I likely will not respond. Know that I read every email that I receive.

2. I rarely answer emails on weekends. I work full-time Monday through Friday! I offer lots of office hours (see below). I generally try to answer any emails that I received over the weekend on Sunday evenings but always answer weekend emails on Monday mornings.

My office hours are available here: . You are free to stop by my office but I sometimes have meetings and other activities which cause me to be other places on campus. It is best to email or call in advance and let me know when you are coming.

ZERO TOLERANCE POLICY

All electronic devices including computers, tablets, cell phones, beepers, pagers, and related devices are to be silenced and/or turned off unless they are required for academic purposes. Any use of these devices (including texting) for non-academic purposes is a violation of College Policy and subject to disciplinary action.

I have a zero tolerance policy for misuse of electronic devices in class. If you are observed using a cell phone, tablet, computer or other electronic device in the classroom for anything other than the assigned course work being conducted in class I will deduct points from your Participation. I will deduct points from your Participation score for each and every time I observe you inappropriately using an electronic device. I may also deduct points from any individual assignment for infractions of this rule.

GRADING

Assignments are due at the start of class on the dates specified unless they are to be turned in throughMyCourses. Assignments will not be accepted late without a documented excused absence. 20% of earned points will be deducted for late assignments. You have two weeks from the time an assignment is due to make it up. If you do not, you have lost your opportunity with prejudice. Please note that I will not grade assignments that are emailed outside of MyCourses.

Your grade is based upon a percentage of your performance earned. The percentage will be distributed as follows:

Assignment / Percentages
Participation & Attendance / 20%
Homework / 20%
Writing Assignments / 20%
Mid-Term Project / 20%
Appellate Brief / 20%
Total / 100%

The grading scale is based on the total number of points received by the student during the course and will be based on the following scale:

% received Letter grade

90 – 100 A

80 – 89B

70 – 79C

60 – 69 D

below 59F

TENTATIVE COURSE CALENDAR

Week / Date / Topics Covered in Class
Assignment
1 / 8/14 / Introduction, Syllabus, and Guidelines
□ Read Chapters 1 & 2
Ch. 1 Book Questions Assignment 4 and 5 due 8/21
Ch. 2 Book Questions Assignment 2 and 3 due 8/21
 Ch. 15Demand Letter Assignment 5 due 8/28
2 / 8/21 / Ch. 1 Introduction to Analytical Principles and the Legal Process
Ch. 2 Introduction to Legal Analysis
□ Read Chapter 3
 Ch. 3 Book Questions Assignment 3 and 4 due 8/28
 Ch. 15 Demand Letter Assignment 5 due 8/28
3 / 8/28 / Ch. 3 Statutory Analysis
□ Read Chapters 4 & 5
 Ch. 4 Book Questions Assignment 6A due 9/11
Ch. 5 Book Questions Assignment 3 due 9/11
4 / 9/4 / NO CLASS – LABOR DAY
5 / 9/11 / Ch. 4 Case Law and Case Briefing & Ch. 5 Key Facts
□ Read Chapters 6 & 7
Ch. 6 Book Questions Assignment 3 and 7 due 9/18
Ch. 7 Book Questions Assignment 3 due 9/18
6 / 9/18 / Ch. 6 Issue Identification & Ch. 7 Stating the Issue
□ Read Chapter 8
 Ch. 8 Book Questions Assignment 6 due 9/25
7 / 9/25 / Ch. 8 Case Law Application
□ Read Chapter 9
Midterm Exam due 10/2
8 / 10/2 / Review Midterms
Ch. 9 Counteranalysis
□ Read Chapters 10 & 11
9 / 10/9 / Ch. 10 The Writing Process & Ch. 11 Fundamentals of Writing
□ Read Chapter 12& 13
Assignment on MyCourses due 10/16
10 / 10/16 / Ch. 12 & 13 Legal Memorandum
□ Read Chapter 14
Assignment on MyCourses due 10/23
PLEASE NOTE: The last day to withdraw with a grade of “W” is October19, 2017
11 / 10/23 / Ch. 14 External Memorandum – Court Briefs
Ch. 14 Legal Memo Assignment 7 due 10/30
12 / 10/30 / Discuss Writing Assignments & Guided Research
Motion Writing Assignment due 11/6
13 / 11/6 / Discuss Appellate Brief and Final
Final Exam Scenario posted in MyCourses under lessons tab
14 / 11/13 / Discuss Writing Assignments & Guided Research
11/20 / Bring in your Rough Drafts for review: Attendance is not mandatory.
15 / 11/27 / Wrap Up Final Assignment
FINAL APPELLATE BRIEF DUE VIA MyCourses on 12/4 by 11:55pm
16 / 12/4 / NO FACE-TO-FACE CLASS MEETING

I reserve the right to alter this schedule, assignments, and assignment due dates as circumstances warrant. It is very likely that we may extend particular topics into subsequent classes if necessary. You will, however, receive reasonable notice of any such changes!

Please refer to the Academic calendar for all important dates and school openings and closings:

College Syllabus Addendum: ; click and review the following subjects:

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Drop/add and audit

Grading and repeat course policies

Attendance/active participation/withdrawal

Federal guidelines financial aid/total withdrawal

CLAS graduation requirements

Dual enrollment, Early admissions/college

Academic honesty

Student expectations

Online student participation/conduct guidelines

Emergency preparedness

Campus safety & security

Sexual predator information

Disability Resources

ANGEL maintenance

Other support services

College Calendar

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