BARRY UNIVERSITY SCHOOL OF LAW
LEGAL RESEARCH AND WRITING II
SYLLABUS – SPRING 2022
SECTIONS LB1 and LB2
Professor Lori Ross
OFFICE HOURS AND GENERAL INFORMATION
Office:
Faculty Building
Telephone:
321-201-5695
Email:
lross@barry.edu
Class Hours:
Section LB1:
Section LB2:
Office Hours: Tuesday
Thursday
Wednesday
Tuesday/Thursday
Tuesday/Thursday
9:30am to 11:05am
2:00pm to 3:35pm
3:35pm to 5:45pm
3:35pm to 4:25pm
2:45pm to 5:45pm
Please email me to schedule an appointment. I am also available at other times upon
request.
PRELIMINARIES
Prerequisite: LRW I
REQUIRED MATERIALS
1. Laurel Currie Oates, Anne Enquist, & Jeremy Francis, The Legal Writing Handbook: Analysis,
Research, and Writing (8th ed. 2021).
2. The Bluebook: A Uniform System of Citation (Columbia Law Review Ass’n et al. eds., (21st ed.
2020).
NOTE: YOU MUST PURCHASE A HARD COPY (NOT ELECTRONIC) VERSION
OF THE BLUEBOOK.
3. Linda J. Barris, Understanding and Mastering The Bluebook (4th ed. 2020).
CLASS WEBSITE
Course materials, assignments, and announcements will be posted on the course Canvas page.
COURSE DESCRIPTION
Legal Research and Writing II (“LRW II”) is the second of two required semesters of research and
writing instruction. LRW II continues instruction in legal research, legal writing, and legal analysis begun
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in the fall semester. This second semester course is a graded, three-credit hour course of instruction that
continues with a focus on writing skills, legal analysis, and improved legal research skills as used by the
advocate. The emphasis will be on writing documents that utilize persuasive, as opposed to objective,
argument.
RESEARCH
Research skills will continue to be an integral part of the program with lectures focused upon court rules
and briefs, and internet resources.
WRITING
Students will complete two major writing projects. The first will be a Memorandum in Support of or in
Opposition to a Motion. This Memorandum will be based on materials from the LRW I course as well as
materials the students will receive. Students will write a Persuasive Memo, receive feedback from the
professor, and then develop a Revised Persuasive Memo. The other project is the Appellate Brief.
Students will receive another set of assignment documents. The Professor will discuss the appellate
process and appellate practice. In particular, the Professor will cover the differences between the
appellate brief and memoranda in support/opposition of a motion at the trial level. For this writing project,
students will write and submit only one draft, the final draft. Submission of electronic copies of the briefs
will not satisfy this requirement.
GOALS & LEARNING OBJECTIVES
The goals of LRW II are to impart in students the necessary knowledge and skills in order to enable
students to:
o Understand the legal system of the United States;
o Analyze facts, issues, and legal authorities;
o Communicate effectively both in writing and orally;
o Conduct efficient and thorough legal research;
o Appreciate the role of a lawyer as an advocate;
o Apply knowledge and skills to solve legal problems; and
o Recognize and address professionalism issues.
To that end, by the end of the course, students should have developed the following skills:
o Research a client’s problem independently;
o Write persuasively on behalf of a client;
o Draft a motion memorandum and orally argue the merits of that motion memorandum in a
simulated courtroom setting;
o Integrate authority appropriately into written work, taking into account the hierarchy of authority;
o Devise legal rules combining information from several authorities;
o Apply legal principles to the facts of a present case;
o Write with clarity, precision, conciseness, and reliability;
o Use proper citation;
o Understand specific elements of professionalism, including professional norms and expectations,
policies related to plagiarism and collaborative work, and rules relating to competence, diligence,
promptness, and communication;
o Understand the basics of the American appellate process;
o Comply with the proper format for the appellate brief and conform with the applicable
requirements of appellate procedure;
o Draft an appellate brief; and
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o Advocate on behalf of a client’s position in a simulated appellate court.
WORKLOAD EXPECTATIONS
The American Bar Association’s Standards mandate the minimum amount of “academic engagement”
that should be required of a student in order to earn an hour of academic credit. According to ABA
Standard 310(b)(1), “a “credit hour” is an amount of work that reasonably approximates: (1) not less than
one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week
for fifteen weeks, or the equivalent amount of work over a different amount of time.” This is a 3-credit
hour course, offered over a 13-week semester. Accordingly, in addition to the amount of time spent in
class, you should plan to devote a minimum of 90 hours throughout the semester on out-of-class
course-related work.
ORAL ADVOCACY
This has been a well-received opportunity for the students to practice oral argument skills based on the
motion memorandum and the appellate brief. The first oral argument will be presented to the professor of
the class alone. This situation will resemble a hearing before a trial court on a motion. The second oral
argument will be presented to a panel of attorneys and judges from the local legal community. This
situation will be one of appellate advocacy. All students will present oral arguments and their professors
will grade them on the skills they demonstrate. The second oral argument will function as the first round
of the Moot Court Competition for places on the Barry Moot Court Board. These oral arguments are
scheduled for Thursday, April 7, 2022, Friday, April 8, 2022, and Saturday, April 9, 2022 and all
students are expected to be available during this time. Sign-up sheets for individual sessions will be
made available approximately one month prior to oral arguments through your LRW professor. Oral
advocacy is a critical component of LRW II, therefore each student must complete both oral
arguments in order to pass this class.
CERTIFICATION
Westlaw and LexisNexis representatives will provide instructional materials and presentations that will
lead to each student’s ability to obtain documented certifications from the vendors.
ASSIGNMENTS
Completion of Assignments
To successfully complete the course, students are required to complete all assignments. A student
DOES NOT have the option of failing to complete an assignment in a timely manner. Just as lawyers are
required to meet deadlines, students are likewise required to meet deadlines for all assignments. Students
will suffer a deduction of points for turning in late assignments as outlined below in the syllabus.
Failure to turn in an assignment after twenty-four hours without exceptional circumstances may
constitute failure for the assignment and failure for the course.
Additionally, a student who fails to meet three or more deadlines for turning in assignments during the
semester may fail the course absent documented circumstances deemed exceptional. It is imperative for
a student to notify the professor as soon as possible if an emergency will make the student miss a deadline
for turning in an assignment.
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Exceptional circumstances, which must be properly documented, may include, but are not limited to,
serious illness or hospitalization of the student or a close family member, or the death of a close family
member. Please note that under no circumstances will computer failure, printer failure, and/or traffic
delays count as exceptional circumstances.
Timeliness of Submission of Assignments
Deadlines are important. A student is expected to turn in each assignment in a timely manner. If a student
fails to submit a graded assignment on time, that student will be penalized. If the assignment is submitted
between one and fifteen minutes late, the student will be penalized five percent of the points assessed
for the assignment regardless of whether it is a Completion Assignment or an Assessed Assignment. If the
assignment is submitted between sixteen minutes and twenty-four hours late, then the student will be
penalized ten percent of the points assessed for the assignment regardless of whether it is a Completion
Assignment or an Assessed Assignment. As noted above, if a student submits an assignment after
twenty-four hours, then the student may receive a failing grade for the assignment. For an
assignment to be timely submitted, it must be submitted by the scheduled start time of the class on
the date which it is due (for in-person submissions) or by the due date and time provided (for online
submissions). Submission requirements for each assignment will be provided by the Professor.
Collaboration and Outside Assistance on Assignments
For certain assignments, students are permitted to work with other students in his/her LRW II section
(peer collaboration) in the preparation of assignments. The degree of collaboration that is permitted will
vary by assignment, and it is extremely important that students follow the instructions given by your
Professor regarding collaboration for each assignment.
Other than authorized collaboration with certain members of your LRW section (as discussed above),
students are not permitted to obtain help on an assignment from ANYONE ELSE (including parents,
siblings, and spouses etc.), except for your Professor or Professor’s LRW Teaching Assistants. While
your Professor’s Teaching Assistants are available to assist students in developing general research and
writing skills, they will not assist with analysis and will not edit assignments for you.
It is a violation of the Barry University Law School Honor Code for students to discuss or share
with other students any research information or research analysis relating to any assignment in this
class, unless the Professor instructs students otherwise or gives permission for such sharing of
information.
General Format Requirements
Formatting instructions will be given for each assignment.
BARRY UNIVERSITY HONOR CODE
The Barry University School of Law Honor Code and the Student Conduct Code apply to all aspects of
this course. Students are to refer to the Student Handbook.
GRADING
Assignments for the course are assigned a specific number of points, with a total of 1,000 points
available. As discussed above, students are required to complete all assignments and to adhere to
policies related to meeting deadlines to receive credit for the course. If a student does not complete
any assignment, the student will be given an Incomplete in the course until the assignment is
completed. Individual assignments will be assigned point totals (with all assignments totaling 1,000
points). With respect to any assignment, if the Professor determines that a student has not made a good
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faith initial effort, or the student fails to meet certain minimum requirements, the student may be required
to resubmit the assignment and may receive up to half of the assigned points. FAILURE TO MAKE A
GOOD FAITH INITIAL EFFORT ON ANY TWO OR MORE ASSIGNMENTS MAY RESULT
IN FAILURE OF THE COURSE.
Assuming a student performs all of the assignments and has a satisfactory attendance record, whether a
student passes this course will depend on the student’s performance in the various assignments of the
course. The Professor will weigh the assignments of the course in the following way:
Class Participation/Professionalism
Persuasive Memorandum
Revised Persuasive Memorandum
Motion Oral Argument
Research Outline for Appellate Brief
Appellate Oral Argument
Appellate Brief
TOTAL
50 points
150 points
100 points
50 points
50 points
100 points
500 points
1000 points
** Comparing grades and assignments across sections is unwise.
LATENESS POLICY FOR MAJOR ASSIGNMENTS
Students must complete and hand in assignments on time. Failure to hand in any of these assignments on
time will result in grade penalties, as follows:
• 1 minute to 15 minutes late = 5%
• 16 minutes to 24 hours late = 10%
• Beyond 24 hours = it will be at the professor’s discretion whether to accept the assignment.
Absent extraordinary circumstances, papers will not be accepted beyond 24 hours.
Note that habitual lateness can result in additional sanctions, up to and including failure of the course.
****THE ABOVE STATED PENALTIES ARE DOUBLED FOR THE APPELLATE BRIEF
ASSIGNMENT ******
If the student has a valid excuse, the penalty may be waived. Examples of valid excuses are: an illness
serious enough to require medical attention; a death of a close family member etc.
If a student knows in advance that the student will not be able to hand in the assignment on time, or if a
student misses the deadline, the student should notify the professor as soon as possible. The student must
put the excuse for lateness in writing. An email addressed to the professor is acceptable. If available, the
student must provide documentation for the excuse.
ATTENDANCE AND LATENESS POLICY
The Attendance Policy, as described in the Student Handbook, will apply to this course. Students must be
signed in on the roster by the Professor to be recorded as present in a class. Failure to be signed in on the
roster sheet will result in an absence regardless of whether the student is present in the class.
Tardiness: Students are strongly advised to attend each and every class on a minute-to-minute
basis. Regardless of how late a student may be, the student should come into the classroom.
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Unprofessional Conduct: The professor will dismiss any student from the classroom for what the
professor believes constitutes unprofessional conduct or lack of civility.
Lack of Preparation: The professor may record a student as absent if he/she is not prepared for
class because the student has failed to do the required reading and writing assignments.
PROFESSIONALISM
As a future attorney, law school students are expected to conduct themselves in class and outside of class
with professionalism and civility. Professionalism includes behaving in a mature, courteous manner
towards law school classmates, staff, and faculty. All communications with members of the Barry
community should be professional and appropriate. This includes any conferences, group work, or
emails.
Professionalism also includes complying with instructions and course policies, as would be expected in a
work environment. Excessive talking and/or other distracting behavior during class is considered
unprofessional. Class Participation and Professionalism points will be deducted if a student fails to act in
a professional manner.
CONFERENCES
The Professor will be available for students who wish to confer about their work on a voluntary basis. The
Professor may request that individual students attend conferences to provide the students with individual
instruction. Students are encouraged to seek professorial assistance during office hours and by
appointment.
TEACHING ASSISTANTS AND DEAN’S WRITING FELLOWS
The Teaching Assistants and/or Dean’s Writing Fellows are available as a resource to help you. Keep in
mind that the TAs and/or DWFs are instructed to point out areas you may need to work on, but cannot
help you write your assignment or do your research. They are a great resource to assist with mastering
citations and using the Bluebook. Please continue to show the same respect for a TA and DWF as you
should show your professor.
ACCESSIBILITY RESOURCES
The Office of Accessibility Services provides information, advocacy, and academic accommodations to
students with documented disabilities. To register, call 305-899-3488.
Barry University is committed to ensuring that students with physical and learning disabilities receive
protections and equal access to programs and services as outlined by the 1990 Americans with
Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. This policy includes the design
and delivery of online courses so that the access to a curriculum of learning for the disabled student is
reasonably equivalent to that which is provided for the non-disabled student. To be eligible for disabilityrelated services, students must have a documented disability as defined by the Americans with
Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Students must request
assistance first from Barry University’s Office of Accessibility
Services. http://www.barry.edu/disabilityservices/default.htm
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The Office of Accessibility Services at Barry University will arrange for any accommodations that are
reasonable and do not compromise academic standards or places a prohibitive financial burden on the
University. Accommodations might include:
• Adaptive technology
• Enlargers
• Textbook scanning
• E-book adaptation
COMMUNICATION POLICY
Students are required to communicate through Canvas and to use Barry email. You should check your
email at least once a day. All emails will likely be acknowledged within 48 hours.
As a best practice, you should plan on logging into your course at least once a day to check for
announcements, read and post discussion forums, and to contribute to any assignments that may need
your attention.
VIDEO AND AUDIO RECORDINGS (FERPA REQUIREMENT)
Students are expressly prohibited from recording and/or taking pictures of or during any part of this
course. Meetings of this course might be recorded by the University. Any recordings may be available to
students registered for this class as they are intended to supplement the classroom experience. Students
are expected to follow appropriate University policies and maintain the security of passwords used to
access recorded lectures. Recordings may not be reproduced, shared with those not in the class, or
uploaded to other online environments. If the instructor or a University of Barry office plans any other
uses for the recordings, beyond this class, students identifiable in the recordings will be notified to request
consent prior to such use.
DISCLAIMER AND MISCELLANEOUS
The terms of this Syllabus are subject to modification and supplementation at the Professor’s discretion.
Students will be notified of any such modification and/or supplementation through the course Canvas
page, email, and/or in class.
This Syllabus does not constitute a contract between the student and the Professor and/or the university.
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Class/Date
Topic
Reading Due
Assignment Due
Class 1
Introduction to LRW II
LRW II Syllabus
None
Tuesday 1/11
Introduction to Persuasive
Writing and Oral Advocacy
Oates, pp. 311-316
Parentheticals. Bluebook (BB)
Rule 1.5 and 10.6 and
corresponding pages relating to
these rules in Barris.
Writing a Trial Brief: Motion
Briefs, Audience, Purpose, and
Conventions Developing a
Theory of the Case
Class 2
Assign Persuasive Memo
Thursday 1/13
The Caption and Drafting a
Persuasive Issue Statement
Oates, pp. 317-320 and
pp. 335-340
Persuasive Memo Materials
Class 3
Tuesday 1/18
None
Introduction, Statement of Facts,
and Theme
Oates, pp. 321-334 and
Patterson Briefs (pp. 365-410)
None
Signals. BB Rules 1.2-1.4 and
corresponding pages relating to
these rules in Barris
Class 4
Thursday
1/20
Class 5
Drafting the Standard of Review, Oates, pp. 341-364
Arguments, Prayer for Relief, and
Signature Block
None
Writing Review: Mechanics,
Secondary Sources in Barris
Grammar, and Sentence Structure
None
Tuesday 1/25
CREAC Review
Bluebook Signals
8
Class/Date
Topic
Reading Due
Assignment Due
Class 6
RESEARCH CLASS - LEXIS
TRAINING
Note: We may be combining
with other classes. As the
time nears, I will inform you
where we will meet.
None
Persuasive Memo
Due - MUST
SUBMIT AT THE
START OF CLASS
Oates, pp. 261-279
None
RESEARCH CLASS
Note: We may be combining
with other classes. As the time
nears, I will inform you where
we will meet.
None
None
Oral Argument Preparation and
Practice
Statutes and Legislative
None
Resources. BB Rules 12 and 13
and corresponding pages
relating to these rules in Barris.
Thursday
1/27
Oral Advocacy: Preparing for
Motion Oral Argument,
Courtroom Procedures, Etiquette,
and Making and Delivering the
Argument
Class 7
Tuesday 2/1
RESEARCH CLASS WESTLAW TRAINING
Note: We may be combining
with other classes. As the
time nears, I will inform you
where we will meet.
E-Memos/Partner Emails
Assign Partner Email
Assignment
Discussion and questions
regarding Motion Oral
Arguments
Class 8
Thursday
2/3
Class 9
Tuesday 2/8
9
Class/Date
Topic
Reading Due
Assignment Due
Class 10
Review of Persuasive Memo:
Content and Structure
Prepare for Motion Oral
Arguments
None
Persuasive Memos Returned
This Week
Oates, pp. 563-580
NO CLASS – Oral Arguments
for the Motion
None
None
Assignment of Appellate Brief:
Introductory Discussion of the
Fact Pattern and its Issues
Appellate Brief Fact Pattern
Partner Email
Assignment - MUST
SUBMIT AT THE
START OF CLASS
Thursday
2/10
Class 11
Tuesday 2/15
Class 12
Thursday 2/17
Oates, pp. 411-448
Writing an Appellate Brief,
Understanding Your Audience,
Planning the Brief
Review Federal Rules of
Appellate Procedure for Appellate
Problem
Monday 2/21
Tuesday 2/22
Wed 2/23
NO CLASS - MIDTERMS
None
None
Class 13
Overview of the Appellate Brief
Oates, pp. 449-518
Thursday 2/24
Drafting the Arguments
Appellate Brief
Research Outlines MUST SUBMIT AT
THE START OF
CLASS
Class 14
Overview of the Appellate Brief
Oates pp. 519-562
(Sample Briefs)
None
Tuesday 3/1
In-Class Exercise
10
Class/Date
Topic
Reading Due
Assignment Due
Class 15
RESEARCH CLASS –
INTERNET RESEARCH
Note: We may be combining
with other classes. As the
time nears, I will inform you
where we will meet.
Prior and Subsequent History.
BB Rules 10.7 and T8 and
corresponding pages relating to
these rules and T8 in Barris
None
Thursday
3/3
Appellate Brief Research
Outlines Returned This Week
Monday 3/7
through
Friday 3/11
NO CLASS
SPRING BREAK
Class 16
NO CLASS – ATTEND 5TH
DCA ARGUMENTS on
Tuesday, March 15th
Time TBA
None
None
Review of Arguments, Argument
Headings, Citation Requirements
None
None
CREAC/Analysis and Oral
Argument Review
None
None
CREAC/Analysis and Oral
Argument Review
None
None
Tuesday 3/15
Class 17
Thursday
3/17
Citing to the Record
Partner Email Assignment
Returned This Week
Class 18
Tuesday 3/22
Class 19
Thursday
3/24
11
Class/Date
Topic
Reading Due
Assignment Due
Class 20
Questions on the Appellate Brief
None
None
Tuesday 3/29
Discussion of Appellate Oral
Arguments
Class 21
Finalizing the Appellate Brief
None
None
Thursday 3/31
Discussion of Appellate Oral
Arguments
Monday 4/4
ALL BRIEFS FOR ALL LRW
SECTIONS ARE DUE by
Monday, APRIL 4, 2022 NO
LATER THAN 6:00 P.M.
None
Appellate Brief Due
on Monday, April 4,
2022 no later than
6:00 p.m.
In-Class Work re: Appellate Oral
Arguments
None
None
Class 23
ORAL ARGUMENTS
None
Thursday 4/7,
Friday 4/8,
AND
Saturday 4/9
These Oral Arguments will
serve as the first round in the
competition for places on the
Moot Court Honors Board.
All students must
make themselves
available for oral
arguments on these
days.
SUBMISSION METHOD TBA
Late briefs will not be tolerated
absent extraordinary
circumstances due to the
detriment this would cause
opposing counsel. Penalties will
be doubled. Thus:
1 to 15 minutes late = 10%
deduction.
16 minutes to 24 hours late =
20% deduction.
After 24 hours, you will receive
a zero for the assignment.
Class 22
Tuesday 4/5
12
Class/Date
Topic
Reading Due
Assignment Due
Class 24
CAREER SERVICES
PRESENTATION
None
None
Tuesday 4/12
Discussion of Appellate Oral
Arguments
LAST CLASS
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