CAL NORTHERN SCHOOL OF LAW
SYLLABUS – FALL 2015
COURSE:
COURSE NO.
TIME:
INSTRUCTOR:
Legal Writing
104
Thursdays & 3 MONDAYS (see below) 6:30-7:50 and 8:10-9:30 p.m.
Alan G. Schmidt
Phone: 828-9224 (leave a voicemail)
Office Hours: Immediately after class or by appointment (Call or e-mail)
e-mail: aschmidt1952@yahoo.com
REQUIRED TEXTS:
1.
2.
4.
5.
The 1L Book, Dennis P. Saccuzzo
Applications of Psychology to Law, Inc. (aka “1L”)
Writing Essay Exams to Succeed in Law School, 4th Edition.
John C. Dernbach, Aspen Publishers, 2014 (aka “DERNBACH”)
Cal Northern School of Law Exam Writing Guidelines (HANDOUT)
Your CONTRACTS and TORTS textbooks
I may also assign readings from additional sources. You will receive these as in-class handouts.
You will be responsible for the handout materials and any assignments that derive from them.
COURSE DESCRIPTION:
This course will teach students to use the IRAC method for legal writing. Students will first
learn to apply the method to their case briefs for first year classes, and then to apply it to fact
patterns similar to those on law school exams. Case law and exam fact patterns are similar in
that they both contain issues students must learn to recognize. One or more rules will apply to
these issues. Students will learn to recognize that all rules of law have specific individual
elements, and that they must address each of these elements in analyzing a legal problem. By
applying the facts to the elements of the rule or rules (including the applicable defenses),
students develop an analysis of the issue. After arguing both sides of the issue, students must
articulate a conclusion that addresses the question raised by the issue.
COURSE GOALS AND STUDENT LEARNING OUTCOMES
Course Goals:
I.
Doctrinal Knowledge
a. Substantive Law – memorizing and writing “black letter” rules of law on an
“element by element” level, as a framework for analysis
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II.
Critical Thinking
a. Case Analysis – comprehending and evaluating arguments, comparing and
contrasting cases, and synthesizing law in written briefs
b. Problem Analysis – application of law to new factual contexts, using the IRAC
method
c. Advocacy – articulating both sides of a legal argument before reaching a
conclusion about the outcome
III.
Communication Skills
a. Written Communication – ability to identify all issues, to apply relevant facts, to
analyze the applicable law persuasively, and to reach a logical conclusion within
the constraints of a limited amount of time
IV.
Professionalism
a. appropriate demeanor, civility, preparation, and participation, as discussed further
below
Student Learning Outcomes:
The following are the specific student learning outcomes for this course:
1.
2.
3.
4.
Students will learn to recognize all issues of law raised by the facts of the cases
they brief and the examinations they write.
Students will demonstrate an ability to identify a rule of law and its elements.
Students will demonstrate the ability to use IRAC to analyze and brief cases.
Students will demonstrate the ability to apply the law to new factual contexts
(exam fact patterns) using the IRAC format.
GRADING:
This is a “pass-fail” course, but to pass, you must turn in all the writing assignments (briefs) on
time. If you do a good job the first time, you get a “pass” (worth 10 points) for that assignment.
If you make a good faith effort that needs some improvement, I will return your assignment for
revision and you will “pass” when you resubmit it with the corrections. If you are late, do
nothing, or if you turn in a “canned” brief, you “fail” the assignment.
There will also be a weekly quiz on rules taken from the 1L book, beginning Week 2 (9/10).
Each quiz will be worth 10-20 points. At the end of the course, more than 60% of your briefs
and 60% of your quizzes each must “pass.” There will be no “make-up” or “extra credit”
opportunities.
There will be a midterm assignment, due October 12. You will receive the assignment in class
September 17. It is worth 100 points, and you must earn at least 60 points to “pass.”
I will use a “workshop” approach to discuss writing. This means you may be required to read
someone else’s work and comment on it, and someone may do the same with your work. As
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such, your written assignments should be legible and presentable, and you should check your ego
at the door.
ATTENDANCE AND GENERAL MATTERS:
1. You must sign the attendance sheet each week. I will pass it around at the beginning of class.
If you leave early without a valid reason, I will note it on the sheet before I turn it in, and report
your violation of attendance policy to the administration..
2. I expect professionalism and courtesy at all times.
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I need your undivided attention, and I cannot get it if your cell phone is where you can
see it. Switch your cell phones to vibrate and put them away in your pockets. If you
need to take an emergency call, leave quietly and return as soon as possible. Any texting,
tweeting, Facebook or other social media use during class will result in your early
dismissal for that night. I will report a second violation to the administration.
Your laptop is a useful tool, but not for e-mailing, shopping, checking sports scores, or
watching videos during class. If you abuse the privilege of having wireless internet in the
classroom, I will ask you to log off and shut down the first time, and if you do it again, I
will not permit you to bring your laptop.
I understand that some students arrive directly from work, but if you must eat or drink
something, please consider others and do it as quietly and unobtrusively as you can.
Arrive on time and ready to participate! Time management and preparation are
essential elements of your law school (and career) success. I will report repeated
tardiness to the administration.
3. We will take one official 20-minute break at 7:50 each night. If you need to leave for any
reason at another time, please do it as quietly as you can.
4. You can make an appointment to discuss your coursework with me as needed.
5. I check my e-mail several times every day. Please feel free to contact me with questions
about your coursework. I only ask that you do not send me “chain” e-mails, jokes, cartoons,
videos, etc. I do not have the time to deal with that material, and, frankly, neither do you.
6. Remember that not everyone learns at the same rate; be patient and courteous to others who
are still struggling with a concept you feel you understand.
7. Anything on this syllabus is subject to change without prior notice at my discretion.
ASSIGNMENTS and CLASS MATERIAL:
NOTE:
You will receive your FIRST WRITING ASSIGNMENT on August 20 in the
Introduction to Law School course. It is due at the beginning of our first class,
September 3. If you are not in class on August 20, or if you register late, you must
get a copy of the assignment from the Administration Office or from another student.
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DATE
TOPIC/ASSIGNMENT
8/27/15
NO CLASS TONIGHT- FIRST WRITING ASSIGNMENT
DUE NEXT WEEK
9/3/15
OBJECTIVES
1. Introductory and Procedural Matters.
2. Discussion of Legal Writing.
3. Review of First Writing Assignment (see “Note,” above).
4. DERNBACH, Introduction and Chapter 1.
9/10/15
The Facts
1. Quiz: Level One Contracts and Torts Outlines (1L)
2. Contracts Brief, Izadi v. Machado (Gus) Ford, Inc., p. 48.
3. Torts Brief, State Rubbish Collector’s Assn. v. Siliznoff.
4. DERNBACH, p. 23, “Understand the Question,” p. 24,
“Understand the Context,” and p.49, “Use the Facts
Accurately.”
9/14/15
The Rules
MONDAY 1. Quiz: “Applicable Law” in Contracts and “Intentional
Torts” in Torts, from Level Two Outlines (1L)
2. Contracts Brief, Hamer v. Sidway, p. 98
3. Torts Brief, Katko v. Briney.
4. DERNBACH, Chapter 4.
9/17/15
The Issue(s)
1. Quiz:“Formation” in Contracts, “Intentional Torts” and
“Negligence” in Torts; from Level Two Outlines (1L)
2. Contracts Brief, Drennan v. Star Paving Co., p.251.
3. Torts Brief, United States v. Carroll Towing Co.
4. DERNBACH, “Issue Spotting,” pp. 22-29 and 41-42 ”A”.
5. The MIDTERM ASSIGNMENT. I will assign and discuss
this during class.
9/24/15
The Analysis
1. Quiz: “Formation” in Contracts and “Intentional Torts” in
Torts; from Level Three Outlines (1L).
2. Contracts Brief, Brown Machine, Inc. v. Hercules Inc., p.
169.
3. Torts Brief, Heath v. Swift Wings, Inc.
4. DERNBACH, Chapters 5 and 6.
9/28/15
The Outline
MONDAY 1. Quiz: “Formation” in Contracts and Negligence” in Torts;
from Level Three Outlines (1L).
2. Contracts Brief, Walker v. Keith, p.74.
3. Torts Brief, Ortega v. Kmart Corp.
4. DERNBACH, pp. 38-39
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
Legal Writing Syllabus Page 4 of 5
DATE
TOPIC/ASSIGNMENT
OBJECTIVES
10/1/15
Time Management
1. Quiz: “Formation” in Contracts and “Negligence” in Torts
from Level Three Outlines (1L)
2. DERNBACH, Chapters 7 and 8
3. The “10-5-2” Drill
NO CLASS
Practice, Practice, Practice!
MIDTERM ASSIGNMENT DUE NEXT WEEK
I, II, III, IV
10/8/15
Midterm Assignment Due in class.
10/12/15
MONDAY 1. Quiz: all material from 1L
2. Practice for Midterms using the “10-5-2” method
3. Review, Q&A,
10/22/15
1. Quiz: “Statute of Frauds” (p. 5) in Contracts and
“Negligence” in Torts; from Level Three Outlines (1L)
2. Introduction to “Multistate” Questions (“MBEs”)
3. DERNBACH, Chapter 8.
10/29/15
Retrospective
1. Quiz: “Terms” (p. 6) in Contracts and “Negligence” in
Torts; from Level Three Outlines (1L)
2. DERNBACH, PP. 31-39
3. Practice MBEs
4. Q & A, exams, law school in general, etc.
I, II, III, IV
I, II, III, IV
I, II, III, IV
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