POLS 4151: Legal Research and Moot Court (Fall 2015)
University of North Georgia
Department of Political Science
I. General Information
Scheduled Class Meeting Times and Location:
Tuesday & Thursday 05:30pm-06:45pm
Young Hall, room 216
(Note that online/virtual activities or other outside-of-class activities may substitute for
some class meeting sessions.)
Instructor: Kevin Mitchell, J.D.
Office Hours:
In person:
Tuesday & Thursday, 5:00 pm until 5:30pm
(Appointments preferred. I will typically be in my office during the week at times other
than these, so please feel free to arrange visits as necessary if these hours are not
convenient for you.)
Online: VERY frequently. Feel free to email me anytime.
E-mail Address: kevomitch@gmail.com
Office Phone: (706) 482-2435
**Please note that the best way to reach me is through email, which is the official method of
communication for UNG. I check my email MUCH more frequently than I do my telephone
voicemail, so please email before phoning. Also, students should frequently check their official
UNG email accounts and the course VISTA site (if applicable) to stay informed.
II. Textbooks
Basic Legal Research: Tools and Strategies (3rd Edition). Amy E. Sloan. Aspen Publishers
(New York, NY: 2009).
Legal Writing (2nd Edition). Richard Neumann, Jr. Wolters Kluwer (New York, NY: 2011).
III. Description of Course
An introduction to legal research, analysis, and writing. The course will culminate with a simulated
courtroom exercise. Prerequisites/Corequisites: None
IV. Course Objectives and Learning Outcomes
The objective of this course is to foster in students proficiency in legal research, analysis, and
writing. Upon completing the course, students will:
 Understand the basic operation and essence of the legal system, broadly considered.
 Be able to generate search terms for legal research.
 Be able to correctly identify and use primary and secondary sources in legal research.
 Be able to conceptualize a productive research plan for addressing legal problems.
 Be able to conduct fruitful case and statutory research using texts and technology.
 Be able to organize legal analysis and apply facts to legal rules.
 Be able to conceptualize, organize, draft, and polish a legal brief.
 Write more effectively in a legalistic style.
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V. Tentative Course Schedule
Week and Days in Semester Material for class discussion will relate to corresponding reading assignment in
the textbook or elsewhere, so please read prior to class and complete any
assignments prior to a class (as instructed) to better inform class discussion.
1 ( August 18)
Topic
Introduction to course (class structure, expectations, review of syllabus, etc.)
Begin discussion of legal system
HW: Read Chapter 1 of Legal Writing by Neumann
1 (, August 20)
Topic
Introduction to the legal system (overview of court system, jurisdiction,
personnel, practice of law, legal profession, theories of law, areas of law, legal
education, appellate process, etc.)
HW: Take home assessment
2 (August 25)
Review take home assessment
Continue intro to legal system (Guest Lecturer)
2 (August 27)
Continuation of discussion on the introduction to the legal system.
HW: Basic Legal Research, Ch. 1 – “Introduction to the legal system” (Read through page 9.)
3 ( September 1)
Take home assignment
3 (September 3)
Conclude our discussion of the aspects of the judicial system
Guest Lecturer
4 (, September 8)
Wrap up and review
4 (September 10)
Prior to class, finish Chapter 1 of Basic Legal Research
Discussion of Chapter 1 and review of previous course materials
Torts
4 (September 15)
Discuss Chapter 2 of BLR (Generating Search Terms) Reviewing Online
resources; Search term exercises
5 (September 17)
Discuss Chapter 3 of BLR (Secondary Source Research)
6 (September 22)
Continue Discussing Chapter 3 of BLR
Contracts
6 (September 24)
Chapter 4 of BLR Case Research
7 (September 29)
Continue Chapter 4 (BLR)
Case Briefing
Discuss Chapter 5 of Legal Writing
7 (October 1)
continue discussing Chapter 4, Begin Chapter 9 of LW
Property
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8 (October 6)
Midterm exam
8 (October 8)
Chapter 10 of LW
Read Chapter 16 & 17 of LW for HW
Phase One of Brief
9 (October 13)
Guest speaker (tentative)
Continue discussion of brief
Read Chapter 18 & 19 of LW for HW
9 (October 15)
Discuss CREAC
Constitutional Law
10 (October 20)
Discussion of Brief Writing. Please note that this will be an ongoing process
throughout the remainder of the semester. You will be expected to take notes
and follow the discussion. In addition to Chapters 16-19, we will be discussing
elements from Chapters 20-24. These chapters will be useful references for
your brief.
10 (October 22)
Continue discussion of Brief Writing. Phase Two of the Brief.
11 (October 27)
Evidence
11 (October 29)
Phase Three of Brief
12 (November 3)
Continue Brief Discussion. Phase Three of the Brief.
12 (November 5)
Overview of the Legislative Branch
Chapter 6 of BLR
13 (November 10)
Overview of the Legislative Branch
13 (November 12)
Overview of an Oral Argument
14 (November 17)
Overview of an Oral Argument
14 (November 19)
Catch up day/feedback/speaker (TBD)
15 (November 24)
Oral Arguments
15 (November 26)
Holiday
16 (December 1 )
Oral Arguments
16 (December 3)
Final Class
Briefs are due.
Final TBD
** This assignment addresses all Information Literacy Learning Outcomes (see below).
VI. General Expectations and Course Policies

Absence/attendance Policy
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Because all students will learn from and should contribute to class discussions, class attendance
is required. Note as well that a portion of your course grade may be determined by class
participation. This portion of your grade may be adversely affected by absences from class.
Finally, please note the policy on “Class Attendance” published in the Undergraduate Bulletin,
which may be applied in this course at the instructor’s discretion.
Also, note that the instructor reserves the right to withhold the appellate brief assignment from
any student with a poor attendance record and/or to assign a student with a poor attendance
record to work on the brief by themselves instead of as part of a team. It is simply not fair for a
student who misses a great deal of class (and who thereby accrued little or no legal research
knowledge and skills) to get paired up with a student who is trying to succeed in the course. The
absent student simply could not pull his/her weight by virtue of their poor attendance.

Class Withdrawal Policy
It is the responsibility of the student to withdraw from a course. Wednesday, March 3rd, by
5:00 p.m. is the last day to withdraw from the course with a grade of “W;” you must withdraw by
5:00pm on this date to avoid an academic penalty. Withdrawal through this date, for whatever
reason, should result in a grade of “W” for the course. Withdrawal after this date will likely result
in a grade of “WF,” which will negatively impact your grade point average.

Academic Integrity Policy
The UNG Honor Code operates in this course and reads: “On my honor, I will not lie, cheat,
steal, plagiarize, evade the truth or tolerate those who do” (2010 – 2011 Undergraduate Bulletin,
http://www.northgeorgia.edu/2010_11%20Undergraduate%20Catalog/index.htm).
Suspected violations of the Academic Integrity policy should be referred by students to the
instructor. The identity of individuals reporting violators will be kept confidential. If the professor
concludes that a violation of the Academic Integrity policy has occurred, the professor will either
(1) penalize the student “in house” and/or file an incident report with the Academic Integrity
Council or (2) refer the matter directly to the Academic Integrity Council. If an incident report is
filed by the instructor, the instructor will review the completed report with the student and will
request that the student sign the report as an indication that the student is aware of the contents
of the report.

Turnitin.com Statement
Plagiarism is of particular significance. Broadly defined, plagiarism is the act of presenting
another’s words and/or ideas as one’s own original work in the absence of proper citations that
would attribute the matter to the actual source. This is a very serious offense.
Students agree that by taking this course any required work may be subject to submission for
textual similarity review to services such as Turnitin.com for the detection of plagiarism. Students
also agree that other methods for checking for plagiarism (e.g., simply “Googling” excerpts from
papers) may likewise be employed. All submitted work may be included as source documents in
the Turnitin.com reference database solely for the purpose of detecting plagiarism of such
papers. Use of the Turnitin.com service is subject to the Terms and Conditions of Use posted on
the Turnitin.com site.

Make-up Examinations
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Make-up examinations (possibly in a different format from that of the regularly scheduled
examination) will be administered only for students with prompt and proper documentation (e.g.,
physician's note, etc.) for missing an examination. Absent such documentation, make-up
examinations are not possible. Also, any students with significant religious or vocational
commitments that conflict with a scheduled examination will be accommodated.

Courtesy
Courtesy is ALWAYS expected of students. Students who exhibit behaviors that are considered
to obstruct or disrupt this class or its learning activities will be considered under the Board of
Regents Policy on Disruptive Behavior. Behaviors which are considered to be inappropriate in
this classroom include sleeping, eating, coming in late, interrupting others, talking out of turn,
inappropriate behavior during group work, verbal (or nonverbal) behavior that is disrespectful of
other students or the faculty member, or other behaviors that may be disruptive. Students who
exhibit such behavior may be temporarily dismissed from the class by the instructor and will be
subject to disciplinary procedures. Disruptive behavior may also result in a failing grade in
addition to disciplinary action. Please be respectful of the views and opinions of other students
expressed in class discussions even if they differ from your own. Also, please keep an open
mind and a positive (maybe even enthusiastic...) attitude.

Individual vs. Collaborative Work Policy
Unless otherwise specified, all students should work individually on assignments. That said,
studying together for examinations or just to master course material may be a very worthwhile
endeavor and is encouraged.
Please note that I may monitor any and all submitted work or assignments and will investigate
instances where two (or more) students’ work seems to be so similar that it suggests collusion
between multiple students in completing an assignment. This particularly applies to the
completion of virtual assignments discussed below. Students found to be colluding to complete
assignments will be deemed to have violated the Academic Integrity Policy and will be punished
accordingly.

Reading Prior to Class
Please complete all reading assignments before coming to class and refrain from reading the
textbook while class is in session. Instead of referring to their textbooks, students should
take notes in advance from the reading assignments to use during class discussions.
(See the material at the end of this syllabus for tips on note taking.) If it becomes apparent from
class discussions that all students are not completing the reading assignments in advance of
class meetings, the instructor reserves the right to administer additional assignments to the entire
class. These assignments may be graded and may become a component of each student’s final
course grade.

Class Cancellations
Should an unanticipated or emergency cancellation of class be required, every effort will be made
to post an announcement regarding this on the classroom door and on Web CT/Vista and/or via
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NGCSU email. Students might want to get in the habit of checking email and Web CT/Vista in
advance of class so that they might learn about any cancellations.

Tardiness
Class will start and end on time. Please do your utmost not to arrive to class late or leave early
as this produces distraction.

Cellular Phones
Please silence cellular phones prior to entering class as their ringing during class produces
distraction. We are all adults.

Classroom Food and Drink Policy
Please feel free to bring drinks into class, but please also respect the college policy discouraging
food in classrooms. We are all adults.

Accommodation for Students with Disabilities
The University of North Georgia is committed to the full inclusion of individuals with disabilities
and to the principle of individual rights and responsibilities. To that end, the policies and
procedures of UNG reasonably ensure that a person with a disability is not, on the basis of that
disability, denied full and equal access to and the enjoyment of academic programs and cocurricular activities or otherwise is subjected to discrimination in such programs and activities.
The policies for access by individuals with disabilities at UNG are designed to ensure full
compliance with all pertinent federal and state legislation, specifically to include Section 504 of
the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.
To receive disability accommodations, the student should contact Thomas McCoy, coordinator of
student disabilities resources, in the Stewart Student Success Center, Room 313 (706‑867‑
2782). Approval of reasonable accommodations will be made on a case-by-case basis.

On-line Class Evaluation
Class evaluations at UNG are now conducted on-line through Banner. Evaluation of the class is
considered a component of the course and students will not be permitted to access their course
grade until the evaluation has been completed. The evaluations will be accessible beginning one
week prior to Final Exam week.
Please do complete the online evaluation. I greatly value your feedback so I can improve the
course.
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Supplementary Information:
http://ung.edu/academic-affairs/policies-and-guidelines/supplemental-syllabus.php

Information Literacy Statement
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Information literacy is the ability to know when information is needed and to access, evaluate and
use information effectively and ethically. Information literacy, with its focus on definable skills and
critical thinking, supports and extends the institution's overall learning outcomes.
Information Literacy Learning Outcomes*
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The information literate student determines the nature and extent of the information
needed. (Know)
The information literate student accesses needed information effectively and
efficiently. (Access)
The information literate student evaluates information and its sources critically and
incorporates selected information into his or her knowledge base and value system.
(Evaluates)
The information literate student, individually or as a member of a group, uses
information effectively to accomplish a specific purpose. (Use)
The information literate student understands many of the economic, legal, and social
issues surrounding the use of information and accesses and uses information
ethically and legally. (Ethical/Legal)
*Learning Outcomes adapted from the Association of College and Research Libraries (ACRL)
standards

Early Alert Participation
I am committed to your success in this course and at this university. I may, therefore, refer you to
other persons and/or services available to help you achieve academic success. In turn, if you are
referred, you will be expected to comply with the referrals. Please understand that such referrals
are not a form of punishment, rather, they are intended to help you.
UNG has implemented an Early Alert/Early Intervention program. I am a participating faculty
member in the program. I may, then, refer you to other persons and/or services at the university
designed to help you achieve your academic goals. You, in turn, will be expected to take
advantage of the help offered to you.
As your teacher I am committed to your academic success, not only in this class, but at this
university. If I feel you would benefit from some of the special services available to students, I will
make the appropriate referral. I will, further, expect you to comply with the referral and take
advantage of the services offered. (Statement Composed by the Recruit Back, Early/Alert
Intervention Team, 2006.)

Technical Facility and Equipment
This course presupposes no great ability to use computers or other technology on the part of any
student. All that will be expected is that students either know or learn how to use the Internet,
email, Web CT/Vista, and have a rudimentary knowledge of some of the applications in the
Microsoft Office Suite (e.g., MS Word) for good measure. Additionally, if not using on-campus
computers, students will probably want to have access to a personal computer running Widows
2000 or better (or an equivalent). Any machine too old or too slow to support this platform would
likely be unwieldy to use for accessing Web CT/Vista.

Make-up Work & Extensions of Due Dates
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All deadlines in this course are firm; no opportunities to make up any missed work will be
provided. Simply put, for any assignment, late work will not be accepted nor due dates extended
for any reason, so please do not even ask about it. In particular, students would be VERY wise to
bear this in mind while deciding when to tackle virtual assignments. Do the assignments sooner
rather than later.
Note that this policy applies even in the face of circumstances that may be beyond your control.
So, for example, if you get sick toward the end of a week or if a thunderstorm knocks out your
power and/or Internet connection over a weekend leaving you in the lurch when you otherwise
might have had time to complete an assignment, you will not be permitted to make up the
assignment missed or to turn it in late. Complete your work early to guard against these kinds of
things.
VII. Course Grading

Participation
At minimum, "satisfactory" class attendance and participation are expected of all students. All
students should plan on speaking and making a significant contribution to the class discussion
during every class session. However, conscientious students will greatly exceed this base
criterion. Students with exemplary attendance records who consistently and productively engage
in class discussions whether by being called upon or by volunteering to speak may be rewarded
for their excellence. I will use a seating chart to keep a tally of student contributions to
discussions made during class, including demonstrating how to complete workbook exercises.
For this reason, students should complete any and all homework assignments in advance of
class and should be prepared to offer either a correct answer or a thorough explanation of what
they did in the process of trying to divine the correct answer to a problem. Students must
understand that this component of the course grade is subjective and that sole discretion of
assaying a student’s participation rests with the instructor, who will be fair and unbiased in
grading participation. Any student may, at any time, inquire about how they are doing in class
with respect to participation. Participation and attendance will count for 10% of your course
grade.

Quizzes
There will be between two (2) and four (4) quizzes given throughout the semester. Each will
consist of any combination of short answer, multiple choice, or essay questions. Please view
these quizzes as an opportunity to prepare for the mid-term examination. These quizzes will
cumulatively account for 25% of your course grade.

Mid-term Examination
There will be one (1) non-cumulative examination given during the course. This examination may
consist of any combination of short answer, multiple choice, or essay questions desired by the
instructor and may also be comprised of a “take-home” component. Please bring an
UNLABELED bluebook to class for this examination in case I ask you to use this for an essayformatted test. This examination will count for 25% of the final course grade.

Appellate Brief Assignment
According to Dr. Rick Swanson, an attorney and noted professor of political science, “An
appellate brief is a lengthy legal memorandum that is filed with an appellate court arguing on
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behalf of one of the litigants involved in an appeal to that court. It is similar in structure to a case
brief or a court opinion in that organizationally it sets out (1) the facts of the case, (2) the precise
legal issue in question, and then (3) an extensive argument and analysis section. The argument
section comprises most of the brief, and this is where legal analysis and reasoning is presented
using controlling and persuasive legal authority, as well as policy arguments, which tries to
persuade the court to rule in a certain way. There are two equally important aspects to this
analysis: (a) presenting your own best legal arguments; and (b) fully countering your opponent’s
best arguments. If you only do (a) without equally doing (b), a court will think you are unable to
respond to your opponent’s best arguments, and therefore your opponent must have the better,
winning arguments. Both (a) and (b) can be blended together, but both must be included.
In constructing your arguments, you MUST write under the assumption that the judges to review
the case know ABSOLUTELY NOTHING about the law relevant to the case. Thus, you must
explain with exacting precision what rules apply, why they apply, and how they apply to the facts
of the case, and you must also clearly explain the basic nature (facts, issue, reasoning, and
holding) of any relevant precedents, and how those precedents relate to your case.
For this assignment, you are to write a 15 – 20 page (double-spaced using standard margins and
font size) appellate brief for ONE side of a case. Two students (no more) may work together on a
brief, and each will receive the same grade. However, each student must work on a specific issue
of the brief. Explanation to follow….
You will need to conduct some legal research to find relevant controlling and persuasive
authority, as well as possible arguments, from federal and state cases as well as law journal
articles. 7 citations should be minimally sufficient and 15 citations will be more than enough. The
number of citations is not nearly as important as the quality of your citations: As long as you have
addressed the major applicable rule(s) and possible arguments, don't be as concerned about the
number of references you use. However, EVERY quote, statement, or idea in your argument
section that you derived from a source MUST cite the source [thusly]:
The U.S. Supreme Court has declared the First Amendment prohibits
government from enacting speech regulations that discriminate on the basis of
viewpoint. R.A.V. v. City of St. Paul, 505 U.S. 377 (1992); Texas v. Johnson, 491
U.S. 397 (1989).
By far the most important element of your brief is the quality of your arguments. You need to be
clear, precise, accurate, logical, and thorough, offering creative legal and policy analysis in
applying the controlling and persuasive authority you have found. Controlling authority must
always have primary importance in your arguments over persuasive authority, and you always
must explain how and why the rules apply rather than make mere legal conclusions without
supporting analysis.
Below is the key organizational structure of most appellate briefs, which you should follow. Page
limitations on some sections of your brief emphasize the need to focus primarily on your
argument section.
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Table of Contents (lists the section of your brief in outline form with page numbers where
to find those sections)
Question Presented (a short but PRECISE statement of the primary legal issue) (one
sentence MAX)
Statement of the Case (a CONCISE summary of the facts and procedure of the case)
(one page MAX)
Summary of Argument (a CONCISE summary of the main arguments you will make) (one
page MAX)
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o
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Argument (The bulk of your appellate brief: your arguments and analysis)
Below is a SAMPLE outline to show how your argument should proceed logically; your
own argument section will NOT match this outline but should instead contain as many
rules/elements/arguments/points/subpoints you believe are appropriate. Also note that
the body of your brief will follow the organization of an outline, but not the format (as in,
you won't indent paragraphs).
I. Rule of Law I, with full quote and case citation, explaining why this rule applies
A. Element/Argument A of Rule of Law I
1. Your arguments, with analogous controlling and persuasive
cases
2. Rebuttal to opponent arguments, by distinguishing cases
B. Element/Argument B of Rule of Law I [assuming there is a second
element to the rule, or other major argument you have, etc.]
1. Your arguments, with analogous controlling and persuasive
cases
2. Rebuttal to opponent arguments, by distinguishing cases
C. Element/Argument C, etc. .. . [assuming you have such
element/argument, etc.]
II. Rule of Law II, with full quote and case citation, explaining why this rule applies
[assuming you have a second major legal argument, etc.]
A. Element/Argument A of Rule of Law I
1. Your arguments, with analogous controlling and persuasive
cases
2. Rebuttal to opponent arguments, by distinguishing cases
B. Element B, etc. [assuming there are additional elements/arguments to
the rule, etc.]
III. Rule of Law III, etc. [assuming you wish to argue another major rule or legal issue,
etc.]
Table of Authorities (a list of all the controlling and persuasive authority cited in your brief)
(one page MAX) Public Meeting Assignment”
I will hand out the hypothetical case scenario about which you will write your appellate brief in
class or post it via VISTA. Students will also be paired-off into teams on that day. Also, each
team will be assigned to a side of the dispute representing either the appellant or the appellee.
You will have the next few weeks to work as a team to research and write the brief. To
accommodate divergent student schedules and to facilitate times for teams to get together and
access university resources, class will not meet during this period so that students may work
together during class time. Individual students should email detailed weekly updates to me every
Friday to keep me apprised of their progress and to express any concerns about difficulties
working with their partner. Teams may also arrange to meet with me during my office hours for
assistance. Additionally, it might be prudent to consult the chapter in the textbook on developing
a research plan and to take advantage of the services offered by the NGCSU Writing Center.
Each team will bring a single printed copy of their Appellate Brief to turn in to me in my office on
the last day of class. This will be graded and each team member will receive the grade earned by
his or her team as their individual grade for this assignment. Overall, the Appellate Brief
Assignment will count for fully 40% of a student’s final course grade. (Given this, if ever you
wanted to do really well on a written assignment for a course, it’s now.)
Special Note: Much more often than not, individuals partnered to work closely together with one
another on projects like this assignment become solid acquaintances if, indeed, not outright
friends. This amity mainly emerges as each person grows to like and respect the other because
they perceive that their partner is doing his or her level-best not to let down the team down in any
way. However, any time people have to work together on something, there is the potential for
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problems to arise. Things like personality conflicts, differing views and work ethics, etc., might
surface and make collaboration with your partner on the Appellate Brief Assignment challenging.
If you believe that a problem exists, talk it over with your partner. Often simply communicating
with one another about whatever it is will lead to a resolution. If, however, you believe that things
have not improved despite your very best efforts, bring things to my attention and I will decide
how to proceed. Please note, however, that I plan to treat everyone as mature adults, who, as
such, should be capable of working things out on their own.

Grading Scale
100 - 90%: "A", 89 - 80%: "B", 79 - 70%: "C", 69 - 60%: "D”
VIII. Structure of Class Meetings
Though lecturing may of necessity occur, wherever possible, students will be called upon to
discuss material in class. The instructor will not always ask for volunteers to participate in class
discussions; any student may be asked to speak up at any time. Effective participation in this
process requires that students read assignments and review previous class notes in advance of
class. I appreciate the fact that some students have difficulty speaking in front of
groups. Hopefully, the experience you acquire doing so in this course will allay some of your
fears.
IX. Inclement Weather Statement
In the event of inclement weather, please check the following radio and TV stations for
announcements of closings: WSB-TV Atlanta, FOX 5-TV Atlanta, WXIA-TV Atlanta, WNEG-TV
32, Toccoa, WSB-Radio Group, Atlanta: B98.5FM, News Radio 680 AM, 104.1 FM, 95.5
FM; WGST-Radio Atlanta - 640 AM and 105.7 FM, Radio Center, Gainesville: WDUN-550AM,
WGGA 1240 AM, 102.9 FM, Southern Broadcasting, Athens/Gainesville: WLET 106.1 FM, 103.7
FM, 102.1 FM, 1340 AM, 960 AM; WJJC 1270 AM, Commerce, WCON 99.3 FM and 1450 AM,
Cornelia. TV and radio stations only announce if the college is closed, not if it is
open. Information on closing is also available on the UNG Web site.
X. Copyright
Both Federal and State laws forbid the unlawful duplication of copyrighted computer software or
other reproductions of copyrighted material. In accordance with these policies, UNG expressly
forbids the copying of such materials supplied by or used in the college. Unlawful duplication of
copyrighted materials by a user may result in disciplinary action and/or possible criminal action by
the owner of the copyright.
(Details of this syllabus are subject to change. This syllabus is informational, not contractual.)
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