Legal Writing & Research I
Curtin: Fall 2011
SYLLABUS
I. Contact Information:
Office: 326A
850.644.2800 (office) / 850.591.1893 (cell)
jcurtin@law.fsu.edu
II. Course Information:
A. Meeting Time and Location: During the fall semester we will meet in Room
331 each Tuesday and Friday from 9:30 a.m. to 10:25 a.m.
B. Office Hours and Conferences: My official office hours are from 1:00 p.m. to
3:00 p.m. on Tuesdays and from 3:30 p.m. to 4:30 p.m. on Thursdays. Having
said that, I have an open door policy and I am happy to meet with you at any
time. I anticipate that I will be in my office more than my official office hours
indicate and I strongly encourage you to meet with me whenever you have
questions, comments, or concerns. If you need to meet with me at a specific
time please make an appointment. I am also available by email (which I
frequently check) and by telephone. However, there are some limitations on
individual meetings with students and I will not:
•
Discuss a graded writing assignment following the last class before the
assignment is due (this includes email “discussion”).
•
Discuss graded assignments for 24 hours after returning them to you.
(Please use this waiting period to carefully read my comments and reflect
on your work prior to contacting me.)
•
Meet with you during times when your other courses are scheduled to
meet.
•
Meet with you the hour or so before class except to attend to pressing
matters.
III. Course Objectives:
The skills that you will gain from this course will serve you throughout your career. You
will be required to devote significant time and effort in order to master the fundamentals
of legal research and also master the skills of legal analysis, effective organization,
clear writing, and legal citation. Superior legal research and writing skills will give you a
competitive advantage on competitions (Florida State University Law Review, Journal of
Land Use & Environmental Law, Journal of Transnational Law & Policy), clerkships, and
future job opportunities.
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During the fall semester we will focus on predictive, or objective, writing. Class
discussion will address legal analysis as well as effective organization and succinct
writing. You will write two office memoranda wherein you will apply the law to specific
fact patterns and predict the outcome. During the spring semester we will transition to
persuasive writing and you will advocate your client’s position in an appellate brief and
oral argument. You will rely upon the skills that you develop during the first semester to
successfully advocate on behalf of your client – during the second semester and
throughout your legal career.
IV. Course Requirements
A. Credits and Grading: You will receive two credits for successful completion of
this semester of the course. Your grade for the fall semester will be based on the
following:
Category
Professionalism & Class Participation
Worksheets & Quizzes
Memos
Total
Maximum Points
50
125
325
500
At the end of the semester, your final grade in the class will be based on the
grade curve set forth in the FSU College of Law Student Handbook. Your final
grade will not necessarily correspond to a percentage of the total points.
Therefore, I suggest that you not spend time trying to predict your grade by
calculating the percentage of total points that you have earned.
Professionalism and Class Participation – Points in this category will be based on
attendance, attentiveness and timeliness at all required meetings, quality and
timeliness of all ungraded assignments (please see below for additional
information regarding ungraded assignments), preparation for class, overall
contributions in class, and behaving in a courteous, mature manner. Unless
otherwise noted Internet access during class is prohibited.
Worksheets - To receive full credit for each worksheet, you must submit it on
time, answer each question completely as directed, and show through your
answers that you understand how to use the resources covered. Although you
may work together on finding sources for worksheets (unless otherwise advised),
you must individually go through all of the steps necessary to answer all
questions, including the citation component.
Quizzes - Questions on quizzes will come from the reading assignments that you
are responsible for completing prior to each class. Quizzes will be closed book.
That is, you may not consult the textbooks, personal notes, Blackboard postings,
etc. while taking the quizzes. If you miss a quiz, you may make up that quiz, but
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only if I have excused your absence. (Please see the discussion re: attendance,
below, regarding excused absences.) It is your responsibility to schedule a
make-up quiz with me in a timely manner. Please note that I reserve the right to
ask entirely different questions on the make-up quiz and, even when an absence
is excused, I reserve the right to deny a tardy request for a make-up quiz.
Memos – During the fall semester you will write two office memoranda wherein
you will apply the law to specific fact patterns and predict the outcome. For the
closed memorandum, worth a maximum of 100 points, you will be provided with
the materials on which your legal analysis of a question and prediction of the
result will be based. The open memorandum, worth a maximum of 225 points,
will require you to conduct your own research.
Ungraded Assignments – These assignments may include, but are not limited to,
draft portions of graded memoranda, a preliminary list of sources to be used in
your open memorandum, in-class exercises, textbook exercises, other homework
assignments, and a short writing assignment.
B. Submission of Assignments: Due dates for all assignments are strict. A 2%
penalty will be assessed on assignments submitted up to one hour late. After the
first hour, an additional 5% penalty will be assessed for each 24-hour period that
an assignment is late. Assignments that are more than 72 hours late will not be
accepted (this means zero points earned on the assignment). The clock in the
office where the paper is submitted is used for determining timeliness of papers.
This clock is not necessarily synchronized with other clocks in the building or with
your watch, cell phone or computer. I suggest that you submit your assignments
at least 30 minutes prior to the deadline.
Assignments that are to be submitted via email must be sent to
jcurtin@law.fsu.edu and are not considered turned in until they are received.
Include your last name and the title of the assignment in the subject line of the
email. Attach the assignment as a Word document and include your name in the
document.
Please notify me, in advance if possible, if serious personal illness or a family
emergency will prevent you from submitting an assignment on time. Computer
trouble is not an excuse for late submission of assignments. I suggest that you
back up your work on at least one flash drive.
C. Attendance: Class attendance is mandatory. The College of Law requires a
student to attend a minimum of 80% of class meetings to receive credit for the
course. Attendance includes the obligation to arrive on time and to satisfactorily
complete reading assignments prior to class. If you are absent from more than
20% of the scheduled classes for any reason, including excused absences, I will
notify the administration and you may be administratively dropped from the
course.
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Please contact me in advance if you will be absent from class. You are
responsible for obtaining handouts, class notes, and assignments given in
missed classes. You may be excused for reasons such as illness, family
emergency, or observance of religious holy days. Please note that whether to
excuse an absence is entirely within my discretion. Unexcused absences may
lower your professionalism grade.
V. Communication: You are responsible for checking your FSU email account and
Blackboard every day for notices, including changes in the class schedule or
assignments.
VI. Additional Resources: I strongly encourage you to utilize the texts that I have
placed on reserve in the Research Center, Richard C. Wydick, Plain English for
Lawyers (5th ed. 2005) and Anne Enquist & Laurel Currie Oates, Just Writing (3d ed.
2009). In addition, I suggest that you consult grammar.quickanddirtytips.com for
questions regarding proper grammar (a link to the site has been posted to the “Library”
tab of the Blackboard).
VII. Document Formatting: As a lawyer, it is crucial you comply with the formatting
requirements of the jurisdiction in which you are practicing. Failure to do so may have
serious consequences, such as rejection of your document. All written work in this
class, except research worksheets and in-class exercises, must adhere to the following
formatting rules:
-
All assignments must be prepared in Times New Roman 14-point font. All hardcopy assignments must be printed single-sided on white 8½ by 11-inch paper.
-
Text must be double-spaced, except in those circumstances where The
Bluebook provides otherwise.
-
Use a one-inch margin on all four sides of the page. Measure the margin to the
text, not to the page number; never use less than a one-inch margin.
-
Indent the beginning of each new paragraph five spaces.
-
Unless instructed otherwise, your text should be left-justified at all times.
-
Underline all case citations for this class (italicize outside of this class).
-
Adhere to the citation rules set forth in Rule 9.800 (which has been posted to the
“Library” tab of the Blackboard) and The Bluebook.
-
Include two spaces after each mark of punctuation that ends a sentence.
-
Number each page in the center at the bottom of the page. Do not show the
page number for the first page. Page limits will be strictly enforced, with extra
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pages left unread and subjecting you to a deduction in points for poor
professionalism.
-
Where the assignment is more than one page, staple the pages together in the
upper left-hand corner.
For the final closed memo and the final open memo you must place the following
information in the lower right-hand corner of a separate cover sheet:
Name of Assignment
Your Name
Course Name
Professor’s Name
Date
BAGS No.: ___________
For these two assignments your name should only appear on the cover sheet and only
your BAGS number should appear on the first page of the assignment (as set forth in
the respective assignments). Before I read the closed memo and open memo a faculty
or staff member will remove the cover sheet from your assignment. Cover sheets will
not be replaced until after the assignment has been scored.
Keep a copy of all assignments that you submit. Complying with these requirements
may involve adjusting your word processing program. For assistance with Word, visit:
http://www.law.fsu.edu/current_students/technology/pdf/MSWordforLegalWriters.pdf.
Please contact me if you are unable to solve any problems in complying with the format
requirements.
VIII.
Special Accommodations:
Students with disabilities needing academic
accommodation should: (1) register with and provide documentation to the Student
Disability Resource Center; and (2) take a letter to Nancy Benavides, Associate Dean
for Student Affairs, indicating the need for accommodation and what type. This should
be done during the first week of class. This syllabus and other class materials are
available in alternative format upon request.
IX.
Honor Code:
The College of Law’s Student Conduct Code
http://www.law.fsu.edu/current_students/rules/studentconduct.pdf
governs
the
academic conduct of students at the Florida State University College of Law. Students
are bound by the College of Law’s Code in all of their academic work. The Code
outlines the College of Law’s expectations for the integrity of students’ academic work,
the procedures for resolving alleged violations of those expectations, and the rights and
responsibilities of students and faculty members throughout the process. Please
contact me immediately if you have any questions or concerns about potential or
inadvertent violations of the Code.
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ASSIGNMENTS ARE SUBJECT TO CHANGE!
Week 1
“We are not interested in the possibilities of defeat. They do not exist.” Queen
Victoria
Tours of the Research Center – The schedule will be posted to the Blackboard and you
may determine which tour you attend. Meet at the circulation desk and sign the
attendance sheet.
Tues. 8/30 Learning How to Read and Brief Cases
Assignment:
- Review the Syllabus
- Post a comment to the Discussion Board (topic “Tell Us About Yourself!”) on the
Blackboard
- Review the comments posted to the Discussion Board
- Neumann/Simon Ch. 5, pp. 27-29
Fri. 9/2
Introduction to Rule-Based Reasoning
Assignment:
- Busharis/Rowe Ch. 1, pp. 11-14 and pp. 36-37
- Neumann/Simon Ch. 2, pp. 9-14 (Ex. II p. 14)
- Neumann/Simon Ch. 3, pp. 15-20
- Neumann/Simon Ch. 6, pp. 33-36
- In class Quiz (covering all reading assignments to date)
Week 2
“Courage and perseverance have a magical talisman, before which difficulties
disappear and obstacles vanish into air.” John Quincy Adams
Tues. 9/6
Understanding Types of Authority; Learning How to Work with Cases
Assignment:
- Busharis/Rowe pp. 3-4
- Neumann/Simon Ch. 7, pp. 37-42
- Neumann/Simon Ch. 8, pp. 43-52 (Ex. p. 52)
- Neumann/Simon Ch. 9, pp. 53-60 (Ex. pp. 59-60)
Fri. 9/9
The Process of Legal Writing; Introduction to Organizing Your Legal
Writing Product; Review of Punctuation Basics
Assignment:
- Neumann/Simon Ch. 12, pp. 85-94
- Neumann/Simon Ch. 13, pp. 95-99
- Neumann/Simon Ch. 14, pp. 103-06
- In class Quiz (covering all reading assignments to date)
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Week 3
“I don’t know that there are any shortcuts to doing a good job.”
Justice O’Connor
Secondary Sources Workshops – Check the Blackboard for the schedule and the
worksheet (you will not be able to complete the worksheet during the workshop). Read:
Busharis/Rowe pp.4-7 (A. – C.) and Ch. 6, pp. 129-162; Bluebook B8-B9 (pp. 23-25),
R15-15.4 (pp.138-42), R15.8 (pp.144-45).
Tues. 9/13
Introduction to Rule 9.800 and The Bluebook; Basic Case Citation
Assignment:
- Rule 9.800 (posted to the Blackboard – Library Tab)
- Bluebook pp. 1-26, 87-109, T.6 (pp. 430-31)
- Busharis/Rowe Ch. 10, pp. 189-206 (Omit C., p. 193)
Fri. 9/16
Introduction to CREAC: A Formula for Structuring Proof of a Conclusion;
Statement of Facts
Assignment:
- Neumann/Simon Ch. 15, pp. 107-13
- Neumann/Simon Ch. 16, pp. 117-25 (Ex. pp. 123-25)
** Closed Memo Assigned **
Week 4
“Do one thing every day that scares you.” Eleanor Roosevelt
Tues. 9/20
Advanced Legal Writing Organization
Assignment:
- Neumann/Simon Ch. 17, pp. 127-36
- Neumann/Simon Ch. 18, pp. 137-42
Fri. 9/23
Additional CREAC Tools; Paragraphing; How to Write an Effective
Sentence
Assignment:
- Neumann/Simon Ch. 19, pp. 143-47
- Neumann/Simon Ch. 20, pp. 151-54
- Neumann/Simon Ch. 21, pp. 155-60
- Secondary Sources Worksheets due at the beginning of class
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Week 5
Napoleon Dynamite: Do the chickens have large talons?
Farmer: Do they have what?
Napoleon Dynamite: Large talons.
Farmer: I don't understand a word you just said.
[Lesson: Always know your audience.]
Reporters and Digests Workshops – Check the Blackboard for the schedule and the
worksheet (you will not be able to complete the worksheet during the workshop). Read:
Busharis/Rowe pp. 7 – 10 (D. – F.) and Ch. 1, pp. 15-29. Bluebook B4.1 – 4.1.3 (pp. 711) (review), BT2 (pp. 30-51) (skim), R10 (pp. 87-109) (review).
Tues. 9/27 Tools for Effective Legal Writing; How to Quote
Assignment:
- Bluebook B12 (p. 27), R5 (pp. 76-79)
- Neumann/Simon Ch. 22, pp. 161-71 (Ex. pp. 170-71)
Neumann/Simon Ch. 24, pp. 181-85
- Sign up on sheet posted on my office door for individual conferences. First
come, first served.
Fri. 9/30
Evaluation of Draft Closed Memos
Assignment:
- Bring a hard copy of your memo, 4 different colored highlighters (yellow, blue,
pink & green), and a red pen to class.
Week 6
“Energy and persistence conquer all things.” Benjamin Franklin
Mon. 10/3
Individual Conferences on Closed Memos – Check the Blackboard for the
schedule
Tues. 10/4
Individual Conferences on Closed Memos – Check the Blackboard for the
schedule. Individual conferences in lieu of class.
Wed. 10/5
Individual Conferences on Closed Memos – Check the Blackboard for the
schedule.
Fri. 10/7
Individual conferences this week in lieu of class.
Assignment:
- Reporters and Digests Worksheets due by 10:50 a.m. in Room R208
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Week 7
“He who dethrones the idea of law bids chaos welcome in its stead.”
Horace Mann
Tues. 10/11 Final Thoughts on the Closed Memo; Perspectives from 2Ls and 3Ls
Assignment:
- No reading assignment
Thurs. 10/13 Closed Memos due by 7:50 a.m. in Room R208
Fri. 10/14
Working with Statutes and Constitutions
Assignment:
- Bluebook B5-B5.1.2 (pp. 15-17) (review), B6 (p. 19) (review), R11 (p.110), R12
(pp. 111-125), R18.3.2 (pp. 171-172)
- Busharis/Rowe Ch. 2, pp. 66-68
- Neumann/Simon Ch. 4, pp. 23-26 (Ex. II p. 26)
- Neumann/Simon Ch. 10, pp. 61-68 (Ex. I pp. 63-68)
Week 8
“Quality is not an act, it is a habit.” Aristotle
Tues. 10/18 Electronic Research on LexisNexis – Class in Room 101 at 12:30 p.m.
Assignment:
- Bring your laptops to class today.
- Busharis/Rowe Ch. 1, pp. 29-35
- Check the Blackboard for instructions on completing and submitting a quiz.
Fri. 10/21
Electronic Research on WestlawNext
Assignment:
- Bring your laptops to class today.
- No reading assignment.
Week 9
“When you lose, you’re more motivated. When you win, you fail to see your
mistakes and probably no one can tell you anything.” Venus Williams
Tues. 10/25 Research Strategies; Organizing Your Research; Updating Legal
Authority; Open Memo Assigned
Assignment:
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-
Busharis/Rowe Ch. 4, pp. 95-107
Busharis/Rowe Ch. 5, p. 111-126
** Open Memo Assigned** Be prepared to discuss the open memo problem in all
future classes (until the final memo is due).
Fri. 10/28
Effective Electronic Research on WestlawNext Continued
Assignment:
- No reading assignment.
- Bring your laptops to class today.
Week 10
“Never mistake motion for action.” Ernest Hemingway
Tues. 11/1
Open Memo Assignment Continued; Sections of the Open Memo
Assignment:
- No reading assignment.
- Sign up on sheet posted on my office door for individual conferences. First
come, first served.
Fri. 11/4
Learning More About Citation, Signals and Parentheticals; How to Avoid
Common Citation Errors
Assignment:
- Read Extended Highlighter Review posted on the Blackboard
- Preliminary source list due at the beginning of class (see open memo
instructions).
Week 11
“Experience is the teacher of all things.” Julius Caesar
Mon. 11/7
Individual Conferences on Open Memos – Check the Blackboard for the
schedule
Tues. 11/8
Individual Conferences on Open Memos – Check the Blackboard for the
schedule. Individual conferences in lieu of class.
Wed. 11/9
Individual Conferences on Open Memos – Check the Blackboard for the
schedule.
Fri. 11/11
Class cancelled in observation of the Veterans Day holiday.
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Week 12
“There is no great writing, only great rewriting.” Justice Brandeis
Tues. 11/15 Review of CREAC, Grammar, and Citation
Assignment:
- No reading assignment.
Fri. 11/18
Final Suggestions, Question and Answer Session
Assignment:
- No reading assignment.
- Last class before Open Memo is due.
Week 13
“Sometimes when we are generous in small, barely perceptible ways it can
change someone else’s life forever.” Margaret Cho
Mon. 11/21 Open Memo due in Room R208 by 7:50 a.m.
Tues. 11/22 Writing for Law School Exams; 10 Most Common Mistakes Made on Law
School Exams
Assignment:
- No reading assignment.
** Final Class of the Semester **
Fri. 11/25
Class cancelled in observation of the Thanksgiving holiday.
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