SYLLABUS FOR: PAL 201 LEGAL RESEARCH AND WRITING II Instructor: John A. Plesa 419E – Wheeling Campus (304)-214-8895 [Office] jplesa@wvncc.edu Course Description: This course will provide students with an understanding of the fundamentals of legal research, analysis, and writing. Topics covered will include legal analysis and the IRAC analytical process, legal research and the research process. Prerequisites/Corequisites: At least a “C” in PAL 160 and ENG 101 or permission of the program director Credit Hours: 3 Lecture Hours Per Week: 3 M 7:00 p.m. - 9:45 p.m. Wheeling Expanded Description/Course Focus: The course will provide students with hands-on activities in using internet resources to reinforce the concepts and skills discussed in the chapters. Texts: LEGAL RESEARCH & WRITING FOR PARALEGALS, Tepper & Bevans (Chapters 8-10; 15-19) Grades: Will consists of homework, mid-term, & final; Class participation will be used to assess borderline grades. Grading System: 100%-90% = A 69%-60% = D 89%-80% = B 59%-00% = F 79%-70% = C Attendance Policy: Attendance will have a direct bearing on your grade. You will be allowed three (3) absences for the semester. I will make exceptions for extreme circumstances (e.g. death in the family). You will drop ½ letter grade for each absence exceeding three (3). Routine doctor appointments or other appointments do NOT classify as extreme circumstances and instructor may request/require documentation. Students who come more than 10 minutes late or leave more than 10 minutes early will be marked absent. Students who do not return from a break in the class will be marked absent. Chronic absence from class will result in administrative withdrawal. YOU ARE RESPONSIBLE FOR ANY AND ALL MATERIALS, TESTS, ASSIGNMENTS, ETC. THAT YOU MISS! Assignment Deadlines: The nature of the legal profession requires strict adherence to deadlines and timetables, therefore, so does this course. Failure to follow and/or meet assignment deadlines will result in a 50% reduction of the allocated points for that assignment. If an assignment is more than 48 hours late, you will not receive credit for that assignment. All assignments are to be transmitted electronically to the e-mail account listed on this syllabus. With the exception of extreme circumstances (e.g. death in the family) excuses WILL NOT be tolerated. Routine doctor appointments or other appointments and in most cases computer “problems” do NOT classify as extreme circumstances and instructor may request/require documentation. Classroom Conduct Policy: Students are expected to conduct themselves in a courteous, responsible, mature manner in the classroom. This includes being prepared for class; informing the instructor if you are going to miss class; not coming late, leaving during class, or leaving early without prior notification and for legitimate reasons; not engaging in sidebar conversations or being otherwise disruptive in class, harassing or distracting other students or the instructor, making offensive comments, and turning off cellular phones during class. Academic Honesty Policy: Students are expected to conduct themselves in an adult, ethical, honest and professional way on assignments, research papers, and exams. Academic dishonesty includes things like: cheating (this includes helping or being helped on exams or other assignments that are to be done individually), putting your name on someone else’s work and turning it in as your own, doing work someone else is supposed to be doing, and plagiarism. You are responsible for your own work. If an assignment is given and you use an outside source to complete that assignment, you must cite to that outside source. Plagiarism and cheating in any form will automatically result in an F (0%) for that assignment and may result in dismissal from the class, program, and/or the College. Please note: If you are suspended or expelled from the College for academic dishonesty your eligibility to receive financial aid from ANY institute of higher education will be PERMANENTLY affected. Student Academic Support Services: WVNCC is committed to providing academic assistance to students to enhance their success. The Academic Success Centers on each campus provide in-house, FREE tutoring to all enrolled students in various subjects. If you find that you are struggling in this or any other course, contact the ASC to see how peer tutors can assist you. Students should call ahead to set up tutoring sessions or request an appointment through their GradesFirst accounts. Campus Wheeling Weirton New Martinsville Location Room 225B Room 107 Room 114 Phone 304-214-8922 304-723-7514 304-510-8773 In addition to tutoring through the ASC, Support Services for Students with Disabilities provides accommodations to students with documented disabilities, per ADA-AA regulations, at no charge to students. Students must self-identify and should contact Denise Wycherley, Student Disabilities Coordinator (304-214-8938), or a campus counselor for information about enrolling for services. Furthermore, students can register for services beyond those provided per ADA-AA guidelines for a fee through the C.A.R.E.S. (College Assistance and Resources for Educational Success) program. Contact Denise to learn more about this valuable service. Academic Student Support Services also includes initiatives to help students be successful in their courses. For instance, all students are given a GradesFirst account that provides them Progress Report notices when they are at risk of failing or being dropped from a course. The Director of “Academic” Student Support Services, Christina Sullivan, administers this service and provides counseling to students struggling in school or thinking about dropping out of coursework. Contact Christina at extension 8853 or csullivan@wvncc.edu for assistance with GradesFirst or for academic support information. Social Justice Policy: WVNCC does not discriminate on the basis of race, gender, age, disability, veteran status, color, national origin, religion, or sexual orientation. Any suggestions as to how to further a positive and open learning environment in this class will be appreciated and given serious consideration. If you are a person with a physical or psychological disability and anticipate needing any type of accommodation in order to participate or succeed in this class, please advise me AND contact the Office of Disability Services in Wheeling. Outcomes The student will 1. 2. 3. 4. 5. 6. Demonstrate the ability to identify key facts and issues in a case Learn how to use the Lexis-Nexis legal research system Demonstrate the ability to explain the I.R.A.C. analysis method Demonstrate the ability to draft an office legal research memorandum. Demonstrate the ability to draft legal correspondence. Demonstrate the ability to draft an appellate brief. Student Learning Outcomes: Students who successfully complete Legal Research and Writing II will: 1. Explain what on point means when discussing case law. 2. Explain the role and importance of a case being on point in legal analysis 3. Determine if a case is on point 4. Define counteranalysis 5. Explain why counteranalysis is important 6. List the techniques of counteranalysis 7. Identify the placement of counteranalysis in an interoffice research memorandum or a court brief 8. Explain the importance of an office legal research memorandum 9. Identify the sections of a basic office legal research memorandum 10. Explain the elements and format of the analysis, conclusion, and recommendations sections of an office legal research memorandum 11. Explain the steps when drafting a legal research memorandum 12. Compare the similarities and dissimilarities between court briefs and office memoranda 13. List the techniques of persuasive writing 14. List the elements of trial and appellate court briefs 15. List the basic components of correspondence 16. List the types of law office correspondence that communicate the results of legal research and analysis 17. Identify the elements of information, opinion, and demand letters 18. Draft information, opinion, and demand letters 19. Identify general citation rules that apply when citing most types of legal sources 20. Identify specific citation rules that apply when citing primary authority, that is case, constitutional and enacted (statutory) law 21. Identify specific citation rules that apply when citing secondary authority 22. Explain the role and importance of key facts 23. Identify key facts in a client’s case 24. Identify key facts in a court opinion 25. Define legal issue and the various types of issues 26. List the elements of an issue 27. Identify the issue in a client’s case 28. List the elements of a well-crafted issue 29. Explain the value and importance of phrasing the issue narrowly/comprehensively 30. Explain the best way to assemble the elements to effectively communicate the issue 31. Explain the importance of stating the issue objectively 32. Locate court opinions 33. Explain the role and importance of a case brief 34. List the elements of a case brief 35. Explain how to brief a case *The instructor reserves the right to alter any and all information and policies contained in this syllabus. The instructor will notify the class of any and all such alterations.