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September 11, 2002
WAKE FOREST UNIVERSITY SCHOOL OF LAW
LEGAL REASONING, WRITING, AND RESEARCH
FOR INTERNATIONAL LAWYERS
SYLLABUS FALL 2002
SUSAN R. MONTAQUILA
OFFICE: Room 3338
PHONE: Office (758-6116)
Bess Parrish Meredith Braintwain Kate Lyons
Phone: 724-3044 Phone: 725-6009 Phone: 896-1298
Carrel: 2-62 Carrel: 2-58 Carrel: 2-54
WFU e-mail: firstname.lastname@example.org
D. Pratt, Legal Writing: A Systematic Approach (3rd ed.).
D. Dickerson, Citation Manual: ALWD Professional System of Citation (2000) (bring to each class).
A. Dworsky, User's Guide to the Bluebook (2000) (bring to each class).
A. Dworsky, The Little Book on Legal Writing (2d ed.1992).
T. Fine, American Legal Systems: A Resource and Reference Guide (1997).
Legal Reasoning, Writing and Research for International Lawyers: Materials on Case Analysis, Synthesis, and Statutory Interpretation (bring to each class).
A. Sloan, Basic Legal Research: Tools and Strategies (2000).
II. COURSE OBJECTIVES:
The Course is designed to teach you how:
1. to research a legal problem;
2. to analyze an appellate opinion;
3. to synthesize a series of appellate opinions;
4. to interpret a statute;
5. to write an objective memorandum of law.
These skills are essential to competent practice of U.S. law. More immediately, you will find their mastery helpful in understanding all of your other courses.
III. COURSE SCHEDULE
During fall semester, the class will meet as indicated on the attached schedule. Consult your class schedule carefully since class times and room locations vary during the week. Members of the library faculty teach another component of this course, Legal Research. The library staff will provide their schedule to you separately.
Legal Research and Writing for LL.M. students is a fall semester course. You will receive one grade at the completion of fall semester (2 credit hours). The grade will be computed as follows:
Assignment #1 1-1 1/2 pages 10%
Memo I 3-4 pages 15%
Memo II 6-8 pages 30%
(First graded draft)
Memo II 25%
(Second graded draft)
Legal Research Component 15%
In arriving at the grade, the weight of each exercise is not based on the amount of time required to complete the exercise. The method of computation is based on the theory that you will learn by doing. Therefore, the later exercises are given more weight because you will be more experienced in research and writing as you near the end of the course.
In order to receive a grade in the course, you must successfully complete all components of the course (including legal research exercises, WESTLAW and LEXIS certification, and other assignments as announced).
The assignments and schedule of classes for the first week of instruction and the remainder of the fall semester are attached to this outline. You will master the skills taught in this course more quickly if you read each assignment thoroughly before class.
Assignments are in Legal Reasoning, Writing and Research for International Lawyers: Materials to Accompany Classes on Case Analysis, Synthesis, and Statutory Interpretation (designated "Materials" in the syllabus); D. Pratt, Legal Writing: A Systematic Approach (designated "Pratt" in the syllabus); A. Dworsky, User’s Guide to the Bluebook (designated "Dworsky - User's Guide”); A. Dworsky, The Little Book on Legal Writing (designated "Dworsky-Little Book" in the syllabus); Fine, American Legal Systems: A Resource and Reference Guide (designated “Fine” in the syllabus); A. Sloan, Basic Legal Research: Tools and Strategies (designated “Sloan” in the syllabus.
Class attendance is mandatory.
THE PENALTY FOR LATE COMPLETION OF ASSIGNMENTS IS 5 POINTS PER DAY.
Fall Semester 2002
Class Schedule for Legal Reasoning, Writing, and Research
for International Lawyers
Date/Time/Room Topic Assignment
Mon. Aug. 19
10:00-11:15 a.m. Welcome – Dr. Hearn, President WFU
Room 1312 Dean Walsh – Introduction of Faculty
And LL.M. Students
11:30 a.m. Small Group Professionalism Discussion Lunch Served
Room to be Announced
1:30 – 4:00 p.m. Introduction to Course, Sources of Law, Materials, pp. 1-13 (Sources of Law);
Room 1302 Structure of Court Systems Pratt, pp. 2-6 (Sources of Law);
Materials, pp. 19-23 (Court Systems);
Pratt, 10-17 (The Court System).
4:00 p.m. Dean’s Reception
Wed. Aug. 21
9:30-12:00 noon IFRAC Method Dworsky-Little Book, pp. 105-111 (IRAC).
Room 1302 Materials, pp. 67-68 (IRAC), read and brief Johnson v. Willey, pp. 304-306; Pratt, pp. 167-169 (IRAC).
2:00-4:00 p.m. IFRAC Method Distribute IFRAC assignment #1
Room 1302 Due 9:30 a.m. Fri. Aug. 23
Thurs. Aug. 22
9:30-12:00 noon Case Analysis and Synthesis, Materials, pp. 307-315, Read and Brief Room 1302 Memo Writing Klotz v. Morocco.
12:00 noon Professionalism, Honor Council Program Lunch Served
2:00-4:00 p.m. Use of Authority/Precedent Pratt, pp. 18-53.
Room 1302 Analysis and Synthesis
4:30-5:30 p.m. Introduction to Computer-based U.S. Stephanie O’Keefe, Consultant
Computer Lab Legal Research: LexisNexis LexisNexis
Fri. Aug. 23
9:30 a.m. Assignment #1 due In Class
9:30-12:00 noon Judicial Precedents, Opinion Reports, Materials, pp. 38-41 (Opinion Reports),
Room 1302 Secondary Authority pp. 59-62 (Judicial Precedents).
Distribute Memo I (Due 9:00 a.m. Thurs. Sept. 12)
12:00 noon Picnic
Law School Courtyard
1:30-2:30 p.m. Lexis/Nexis Lab Meredith Braintwain
Computer Lab TAs Assist
2:30-3:00 p.m. Wake Forest Information (WIN) LeAnn Steele, Registrar
Computer Lab Systems Training Patricia Martin, Assistant Registrar
3:00-3:30 p.m. On-Line Career Services Resources Kim Fields, Director, Career Services
Computer Lab TAs Assist
Tues. Aug. 27 Use of Authority/Precedent Dworsky-Little Book, 91-99, 79 (case
3:00-4;00 p.m. description);
Room 1301 Materials, p. 69 (chart of legal authority); Fine, pp. 1-5, 13-16, 39-46
Thurs. Aug. 29 Memo Writing: Basic Office Memo Format Materials, pp. 76-96 (Elements of an Office
4:00-5:00 p.m. Memo);
Room 1301 Pratt, pp. 163-166.
Tues. Sept. 3 No Class
Thurs. Sept. 5 Memo Writing Fine, pp. 89-100 (Basic Office Memo).
Tues. Sept. 10 Case Analysis and Synthesis
Wed. Sept. 11 Memo I due 9:00 a.m. Give to Mrs. Connie Cashin in Room 3340.
3:00-4:00 p.m. Writing Issues
Week of Sept. 16
Computer Lab Lexis on Secondary Sources Lexis Consultant Stephanie O’Keefe
and Search Advisor TAs Assist
Tues. Sept. 17 Organization Techniques for Memo Materials, pp. 97-111;
3:00-4:00 p.m. Gross Organization, Fine Organization (IRAC) Pratt, pp. 165-175 (organizing your
Room 1301 analysis).
Distribute Memo II which will be due Mon. 9:00 a.m. Oct. 7
Wed. Sept. 18 Thesis Paragraph, Topic Sentence, and Pratt, pp. 176-178 (thesis),
3:00-4:00 p.m. Transitions 184-186 (transitions);
Room 1310 Materials, pp. 113-123 (topic sentences).
Tues. Sept. 24 Legal Citation Materials, pp. 211-216 (citation chart,
3:00-4:00 p.m. citation system);
Room 1301 Dworsky-Little Book, pp. 75-83 (case citations).
Wed. Sept. 25 Perfecting Writing Skills: Sentence Pratt, pp. 240-243.
3:00-4:00 p.m. Structure in Legal Writing
Week of Sept. 30
Computer Lab Using Lexis to Find and Update Federal and Lexis Consultant Stephanie O’Keefe
(to be scheduled) State Cases TAs Assist
Tues. Oct. 1 Using Public Policy and Shepherd’s Materials, 175-180 (using policy efficiently)
3:00-4:00 p.m. Citations Shepherd’s Citations, 253-266 (State v.
Room 1301 Pardon).
Mon. Oct 7 Memo II Due (Draft 1) at 9:00 a.m. Give to Mrs. Connie Cashin, Room 3340.
Tues. Oct. 8 Perfecting Writing Skills: Sentence Structure
3:00-4:00 p.m. in Legal Writing
Wed. Oct. 9 Perfecting Writing Skills: Word Choice Materials, pp. 130-138 (word choice and
3:00-4:00 p.m. and Legal Usage usage).
Week of Oct. 14
(To be scheduled) Lexis on Treatises and Loose-Leaf Services Lexis Consultant Stephanie O’Keefe
Tues. Oct. 15 No Class
Oct. 17-20 FALL BREAK No class
Tues. Oct. 22 Perfecting Writing Skills: Verb Use in
3:00-4:00 p.m. Legal Writing
Wed. Oct. 23 To be announced
Tues. Oct. 29 Statutory Analysis: Parts of Statutes, Vertical Materials, pp. 141-166.
3:00-4:00 p.m. Hierarchy of Statutory Law, How to Read a
Room 1301 Statute
Wed. Oct. 30 To be announced
Mon. Nov. 4 Memo II due (2nd graded draft). Give to Mrs. Connie Cashin in Room 3340.
Tues. Nov. 5 - Mon. Nov. 18 Individual Conferences - Memo II re-write due 1 week after each student’s conference.
Tues. Nov. 5 How Courts Interpret a Statute, External Sources, Materials, pp. 167-173.
Room 1301 Canons of Construction, Researching Statutes
Wed. Nov. 6 To Be Announced
Week of Nov. 12
Tues. Nov. 12 To Be Announced
Wed. Nov. 13 To Be Announced
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