Dr. Mark Smith

Syllabus

Texts: Dernbach, John C., et al. A Practical Guide to Legal Writing and Legal Method. Second edition.

This course is an introduction to legal writing and legal method. We will begin with a review of grammar, sentence structure, and other fundamentals of competent and correct writing. We will then move to such legal applications as case analysis, precedents, and issues, and we will observe how these concepts are integrated into legal documents. Finally, you will compose memos and briefs that are supported by issues, laws, and statutes from the text, class handouts, and your own research.

There are three goals for this course:

Anyone involved in legal work must communicate effectively and intelligently. In law, the written word is, literally, everything. A law does not exist until it is written, and when it is, it is enforceable in court. Without writing, there is no law. Without law, there could be no civilization.

Many writing instructors encourage well-turned phrases, evocations of feeling, and sundry creative innovations. Indeed, I do not want to discourage inventive wordplay--when appropriate. However, for this class, you should concentrate on developing a clear and effective writing style. A successful attorney persuades the audience by exemplifying the relationships among the issues, rules, and applications of a case.

The basic course material is in your textbooks; consequently, I do not plan to lecture much (beyond the first couple of weeks) because I would merely be repeating what is in the books. As such, it is important that you keep up with your reading. Furthermore, because learning to write involves writing, not simply talking about writing, much class time will be devoted to a writing workshop where you will write and respond to classmates' writing.

Because English 101 and 102 are prerequisites to this course, I will assume that you have a good idea of your writing strengths and weaknesses. We will spend the first couple of weeks on the finer points of sentence structure as outlined in the appendix. However, if you are acutely deficient in grammar, you need to devote extra time to overcoming these problems.

1) First of all, unless otherwise instructed, use only the information given in the assignment--along with your common sense, of course. Do not use laws or cases from other classes. Assume that all applicable statutes and precedents are cited.

2) Before you can argue the case, you must identify the relevant information, particularly, the appropriate issues. (This is explored in Dernbach, chapter 5.) Unfortunately, the issues are not always explicit. You determine the relevant issues after reading the case and all appropriate information. Consider exactly what you are being asked to determine. For example, consider the case beginning on page 47 in the Dernbach text. Although most of the narrative involves the particulars of the alleged assault, you are asked first to determine whether the case can be tried in a federal district court. Therefore, you must decide whether the statutes given are applicable to your case. Then you analyze the questions of emotional distress and battery.

3) Remember that every case is different. That is, although two precedents may seem similar, one small detail can position them at opposite ends of the argument. It is up to you to identify such details and explain how they shape your conclusion. Furthermore, you cannot assume that a cited precedent is relevant to your case. However, if a precedent is cited in the assignment, you must address it, if only to explain why it is irrelevant to the case.

4) You must learn to anticipate and examine all possible objections your opponent might present. That is, a complete brief or memo does more than argue your side of the case. It also addresses and diffuses your opponent’s objections.

* After six absences, I will lower your final grade by a letter. After ten absences, I will fail you. A tardy counts as an absence. If you see that you are going to be out of class for more than a couple of days, please get in touch with me.

* Word processing must be done in the word processors in the writing center and in the electronic classroom.

* Late major assignments will be penalized twenty points if turned in within a week of the deadline. I will not accept assignments submitted past this time.

* I allow one missed daily assignment. All other missed assignments will be counted as zeroes.

Grammar exam (10 percent of total grade)-- This will be given a couple of weeks into the quarter. It will cover basic grammar, usage, and syntax.

Daily assignments (20 percent of total grade)-- These will be exercises at the conclusion of the chapters in your texts, or they may be ones I distribute. Some will be completed in class, others out of class.

Mid-term (15 percent)--will cover material up to this point in the quarter.

Memos (20 percent)--will include interoffice and points and authorities memos.

Briefs (20 percent)--This will be your major project.

Final (15 percent)--will be a writing assignment.

90-100 - A                                 60-69 - D

80-89 - B                                   Below 60 - F

70-79 - C

* About grades: remember that an "A" grade is given only for above-average work. Although most students regard a "C" as rather weak, it is actually "average." Consequently, competent but undistinguished work will receive a "C."

Generally, an "A" paper identifies the appropriate issue and employs precise diction, mature syntax, skillful application of legal methods, and correct grammar. It is free from typographical errors and is formatted neatly and correctly. A "B" paper generally demonstrates the qualities of an "A" paper but to a lesser degree. It may have minor grammatical errors, but it must be fundamentally sound. A "C" paper is undistinguished but competent. Papers with excessive errors, tangled logic, or sloppy formatting will receive low grades.

Admittedly, grading is subjective and inexact. I try to be as consistent as possible, but there may be times when you will question a grade. Furthermore, I have no form/content ratio for grading. That is, a composition that demonstrates spectacular legal method but contains many grammatical errors will receive a low grade simply because educated readers (i.e., lawyers and judges) will be appalled by the poor grammar. Similarly, a grammatically perfect paper that is poorly organized and/or executed will also receive a low grade because it has no value as a persuasive document.