Legal Research and Writing I Fall 2008
Syllabus
for
Sections 1, 3, 5, 6, 8, 9, 10, 13, 15, 16, 18, 19, 21, & 23
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week 1CSeptember 1 - 5 Monday classes will be rescheduled because of Labor Day. The First of Ramadan is Tuesday, September 2.* |
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Writing and Analysis both hours of classCmeet in the classroom Topics: purpose and overview of Legal Research and Writing applying law to facts reading a case Assigned: law & facts exercise Read for class: The Basics chapter 1; chapter 2, pages 22-37 |
By Monday, September 8, please activate your Westlaw password and LexisNexis custom ID and password. After you activate these passwords, you will be able to access the LR&W web courses. Also, you will be on the course e-mail list so that you can receive course-related messages. The activation materials were in the check-in folder you received at Orientation.
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week 2CSeptember 8 - 12 |
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Writing and Analysis both hours of classCmeet in the classroom Topic: synthesis: deriving a rule of law from statutes and cases Due: law & facts exercise Assigned: case reading exercise synthesis exercise Distributed: Closed Memo case file and authorities Read for class: The Basics chapter 2, pages 38-45; chapter 3 |
* Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. Later in the semester, if you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski at least a week in advance at polewski@wisc.edu.
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week 3CSeptember 15 - 19 |
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Writing and Analysis both hours of classCmeet in the classroom Topics: discussion of Closed Memo authorities discussion of law and facts exercise Due: case reading exercise synthesis exercise Returned: law & facts exercise Read for class: Closed Memo case file and authorities The Basics chapter 4, pages 62-63 |
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week 4CSeptember 22 - 26 |
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Writing and Analysis both hours of classCmeet in the classroom
Topics: large scale organization format for Closed Memo discussion of synthesis exercise Assigned: draft of Closed Memo Discussion Section Returned: case reading exercise synthesis exercise Read for class: The Basics chapter 4, pages 64-113 Citation Handbook pages 3-9 and 17-32 |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. Later in the semester, if you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski at least a week in advance at polewski@wisc.edu.
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week 5CSept. 29 – Oct. 3 Rosh Hashanah begins at sundown on Monday, Sept. 29.* (Eid) al Fitr is Wednesday and Thursday, October 1-2.* |
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Writing and Analysis first hour of class periodCmeet in the classroom
Topic: small scale organization Due: draft of Closed Memo Discussion Section Assigned: Closed Memo first submission Read for class: The Basics chapter 5 |
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Citation Lab second hour of class periodCmeet in the classroom
Topic: citing cases and statutes Assigned: citation exercise #1 Read for lab: Citation Handbook pages 35-46, 51-52, 97-100, 125-128, and 131-146 Bring to lab: Citation Handbook and The Bluebook |
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week 6COctober 6 - 10 Yom Kippur begins at sundown on Wednesday, October 8.* |
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Citation Lab first hour of class periodCmeet in the classroom
Topic: using short citations effectively Due: citation exercise #1 Assigned: citation exercise #2 Read for lab: Citation Handbook pages 13, 53-70, 115-120, and 147-152 Bring to lab: Citation Handbook and The Bluebook Note: As you write the CM first submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
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Research Lab second hour of class periodCmeet initially in the classroom, then go to library
Topic: introduction to research Read for lab: Finding the Law chapter 1, read pp. 4-16; chapter 2, skim pp. 18-37 and read pp. 38-45; chapter 4, read pp. 101-110; review The Basics chapter 3 |
* Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
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week 7COctober 13 – 17 |
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Writing and Analysis both hours of classCmeet in the classroom
Topic: final points on the Closed Memo Due: citation exercise #2 (Place in your citation grader=s mailbox in the Legal
Research and Writing office, Returned: draft of Closed Memo Discussion Section (Save this document.) citation exercise #1 (This exercise will be returned to your hang file.) Read for class: Note: As you write the CM first submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
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week 8COctober 20 - 24 |
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Research Lab first OR second hour of class periodCmeet in the computer lab, room 2386 in the Law Library (The hour your Research Lab meets will be announced in week 6.)
Topic: introduction to electronic information retrieval Due: Closed Memo first submission (Due at beginning of Research Lab.) Read for lab: Finding the Law read chapter 10, pages 308-317; review chapter 2, pages 31-35 and 47-48
Bring to lab: LexisNexis custom ID and password and Westlaw password The materials for the LexisNexis custom ID and password and the Westlaw password were in your Orientation check-in folder. You should have activated them at the beginning of the semester. |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
week 9COctober 27 - 31 |
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Citation Lab first hour of class periodCmeet in the classroom Topic: introduction to The Bluebook Assigned: citation exercise #3 Returned: citation exercise #2 Read for lab: Citation Handbook pages 155-164 and 175-176 Bring to lab: The Bluebook and Citation Handbook |
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Research Lab second hour of class periodCmeet initially in the classroom, then go to library
Topic: using print resources to research common law issues Assigned: research exercise about common law Read for lab: Finding the Law chapter 4, review pages 101-110 |
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week 10CNovember 3 - 7 |
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Writing and Analysis first hour of class periodCmeet in the classroom
Topic: revising the Closed Memo Due: citation exercise #3 (Place in your citation grader=s mailbox in the Legal
Research and Writing office,
Assigned: Closed Memo second submission Five-minute report to supervising attorney (to be given during conference) Returned: Closed Memo first submission (Save this document.) Read for class:
Conference: Your teacher will hold a conference with you during week 10 or week 11. During this conference, you will give a five-minute report to your teacher as though he or she were your supervising attorney. If your teacher gives you an additional assignment to do before the conference, please bring the completed assignment to the conference. |
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Research Lab second hour of class periodCmeet initially in the classroom, then go to library
Topic: using print resources to research statutory issues Due: research exercise about common law Assigned: research exercise about statutes Read for lab: Finding the Law chapter 5, pages 119-124 and 154-158 Recommended reading: Finding the Law chapter 2, pages 50-62; chapter 5, pages 124-154 and 159-162 |
week 11CNovember 10 - 14 |
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Writing and Analysis first hour of class periodCmeet in the classroom
Topics: revising the Closed Memo course evaluations Returned: citation exercise #3 (This exercise will be returned to your hang file.) Read for class: Conference: Your teacher will hold a conference with you during week 10 or week 11. During this conference, you will give a five-minute report to your teacher as though he or she were your supervising attorney. If your teacher gives you an additional assignment to do before the conference, please bring the completed assignment to the conference. Note: As you write the CM second submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
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Research Lab second hour of class periodCmeet in the computer lab, room 2386 in the Law Library Topic: electronic information retrieval, continued Due: research exercise about statutes Returned: research exercise about common law Read for lab: Finding the Law chapter 4, read pages 86-96, review pages 111-114; chapter 10, review pages 317-320 Bring to lab: Westlaw password and LexisNexis custom ID and password The materials for the Westlaw password and the LexisNexis custom ID and password were in your Orientation check-in folder. |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
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week 12CNovember 17 - 21 |
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Class may meet this week; see the next box. Due by The Closed Memo second submission is due in the Legal
Research and Writing office, Place the following materials in your teacher=s mailbox. A copy of the Closed Memo second submission, in the manila envelope provided earlier. Also include the copy of the Closed Memo first submission that was graded and commented on by your teacher. Place the following materials in your citation grader=s mailbox. A copy of the Closed Memo second submission, in the manila envelope provided earlier. Also include the copy of the Closed Memo first submission that was graded and commented on by your citation grader. |
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week 12 or 13CNovember 17 - 21 or 24 - 28 Thanksgiving recess is November 27 & 28. |
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Career Services Research Session (week 12 or 13) The date and hour of your Career Services Research Session will be announced in week 9. This session will meet in the computer lab, room 2386 in the Law Library. This session is provided by the Career Services department, which is using the LR&W class times to facilitate scheduling. Topic: Learn research skills on Lexis and Westlaw to jumpstart your job search. This session will cover career-related sources and research tips and will introduce ways to retrieve news and business information. Advanced Westlaw and Lexis search strategies will also be explored. Information covered in this session will be useful when you do research in the spring semester and as you begin job searching over winter break and beyond. Bring to lab: LexisNexis custom ID and password and Westlaw password |
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week 14CDecember 1 - 3 (Monday-Wednesday only) |
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Class does not meet. Returned: research exercise about statutes (This exercise will be returned to your hang file.) |
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Table of Contents
for Attachments to the Syllabus for
Legal Research and Writing I
Fall 2008
Course Policies and Procedures 9
Grades 11
University Religious Observance Policy 12
Qualities of Good Legal Writing 13
Local Rules 15
Contact Information 17
Texts 19
Quoting, Paraphrasing, and Acknowledging Sources 21
Legal Research and Writing I Fall 2008
Syllabus for Sections 2, 4, & 7
Mullen Dowdal, LR&W Faculty
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week 1CSeptember 1 - 5 Monday classes will be rescheduled because of Labor Day. The First of Ramadan is Tuesday, September 2.* |
|
Writing and Analysis both hours of classCmeet in the classroom Topics: purpose and overview of Legal Research and Writing applying law to facts reading a case Assigned: law & facts exercise Read for class: The Basics chapter 1; chapter 2, pages 22-37 |
By Monday, September 8, please activate your Westlaw password and LexisNexis custom ID and password. After you activate these passwords, you will be able to access the LR&W web courses. Also, you will be on the course e-mail list so that you can receive course-related messages. The activation materials were in the check-in folder you received at Orientation.
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week 2CSeptember 8 - 12 |
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Writing and Analysis both hours of classCmeet in the classroom Topic: synthesis: deriving a rule of law from statutes and cases Due: law & facts exercise Assigned: case reading exercise synthesis exercise Distributed: Closed Memo case file and authorities Read for class: The Basics chapter 2,
pages 38-45; chapter 3 |
* Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. Later in the semester, if you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski at least a week in advance at polewski@wisc.edu.
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week 3CSeptember 15 - 19 |
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Writing and Analysis both hours of classCmeet in the classroom Topics: discussion of Closed Memo authorities discussion of law and facts exercise Due: case reading exercise synthesis exercise Returned: law & facts exercise Read for class: Closed Memo case file and authorities The Basics
chapter 4, pages 62-63 |
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week 4CSeptember 22 - 26 |
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Writing and Analysis both hours of classCmeet in the classroom Topics: large scale organization format for Closed Memo discussion of synthesis exercise Assigned: draft of Closed Memo Discussion Section Returned: case reading exercise synthesis exercise Read for class: The Basics chapter 4, pages 64-113 Citation Handbook pages 3-9 and 17-32 |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. Later in the semester, if you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski at least a week in advance at polewski@wisc.edu.
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week 5CSept. 29 – Oct. 3 Rosh Hashanah begins at sundown on Monday, Sept. 29.* (Eid) al Fitr is Wednesday and Thursday, October 1-2.* |
|
Writing and Analysis first hour of class periodCmeet in the classroom Topic: small scale organization Due: draft of Closed Memo Discussion Section Assigned: Closed Memo first submission Read for class: The
Basics chapter 5 |
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Citation Lab second hour of class periodCmeet in the classroom Topic: citing cases and statutes Assigned: citation exercise #1 Read for lab: Citation Handbook pages 35-46, 51-52, 97-100, 125-128, and 131-146 Bring to lab: Citation Handbook and The Bluebook |
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week 6COctober 6 - 10 Yom Kippur begins at sundown on Wednesday, October 8.* |
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Research Lab first hour of class periodCmeet initially in the classroom, then go to library Topic: introduction to research Read for lab: Finding the Law chapter 1, read pp. 4-16; chapter 2, skim pp. 18-37 and read pp. 38-45; chapter 4, read pp. 101-110; review The Basics chapter 3 |
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Citation Lab second hour of class periodCmeet in the classroom Topic: using short citations effectively Due: citation exercise #1 Assigned: citation exercise #2 Read for lab: Citation Handbook pages 13, 53-70, 115-120, and 147-152 Bring to lab:
Citation Handbook and The Bluebook Note: As you write the CM first submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
* Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
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week 7COctober 13 – 17 |
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Writing and Analysis both hours of classCmeet in the classroom Topic: final points on the Closed Memo Due: citation exercise #2 (Place in your citation grader=s mailbox in the Legal
Research and Writing office, Returned: draft of Closed Memo Discussion Section (Save this document.) citation exercise #1 (This exercise will be returned to your hang file.) Read for class: Note: As you write the CM first submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
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week 8COctober 20 - 24 |
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Research Lab first hour of class periodCmeet in the computer lab, room 2386 in the
Law Library Topic: introduction to electronic information retrieval Due: Closed Memo first submission (Due at beginning of Research Lab.) Read for lab: Finding the Law read chapter 10, pages 308-317; review chapter 2, pages 31-35 and 47-48 Bring to lab: LexisNexis
custom ID and password and Westlaw password
The materials for the
LexisNexis custom ID and password and the Westlaw password were in your
Orientation check-in folder. You
should have activated them at the beginning of the semester. |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Citation Lab or a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
week 9COctober 27 - 31 |
|
Research Lab first hour of class periodCmeet initially in the classroom, then go to library Topic: using print resources to research common law issues Assigned: research exercise about common law Read for lab: Finding the Law chapter 4, review
pages 101-110 |
|
Citation Lab second hour of class periodCmeet in the classroom Topic: introduction to The Bluebook
Assigned: citation exercise #3 Returned: citation exercise #2 Read for lab: Citation Handbook pages 155-164 and 175-176 Bring to lab: The Bluebook and Citation Handbook |
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week 10CNovember 3 - 7 |
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Research Lab first hour of class periodCmeet initially in the classroom, then go to library Topic: using print resources to research statutory issues Due: research exercise about common law Assigned: research exercise about statutes Read for lab: Finding the Law chapter 5, pages 119-124 and 154-158 Recommended reading: Finding the Law chapter 2, pages 50-62; chapter 5, pages 124-154 and 159-162 |
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Writing and Analysis second hour of class periodCmeet in the classroom Topic: revising the Closed Memo Due: citation exercise #3 (Place in your citation grader=s mailbox in the Legal
Research and Writing office, Assigned: Closed Memo second submission Five-minute report to supervising attorney (to be given during conference) Returned: Closed Memo first submission (Save this document.) Read for class:
Conference: Your teacher will hold a conference with you during week 10 or week 11. During this conference, you will give a five-minute report to your teacher as though he or she were your supervising attorney. If your teacher gives you an additional assignment to do before the conference, please bring the completed assignment to the conference. |
week 11CNovember 10 - 14 |
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Research Lab first hour of class periodCmeet in the computer lab, room 2386 in the Law Library Topic: electronic information retrieval, continued Due: research exercise about statutes Returned: research exercise about common law Read for lab: Finding the Law chapter 4, read pages 86-96, review pages 111-114; chapter 10, review pages 317-320 Bring to lab: Westlaw password and LexisNexis custom ID and password The materials for the Westlaw password and the LexisNexis custom ID and password were in your Orientation check-in folder. |
|
Writing and Analysis second hour of class periodCmeet in the classroom Topics: revising the Closed Memo course evaluations Returned: citation exercise #3 (This exercise will be returned to your hang file.) Read for class: Conference: Your teacher will hold a conference with you during week 10 or week 11. During this conference, you will give a five-minute report to your teacher as though he or she were your supervising attorney. If your teacher gives you an additional assignment to do before the conference, please bring the completed assignment to the conference. Note: As you write the CM second submission, refer to the topics in chapters 3 through 5 of the Citation Handbook when you have questions about case or statute citations. |
Please contact your LR&W teacher in advance concerning absences from your Writing and Analysis class. If you need to reschedule a Research Lab for a religious holiday or other reason, please contact Mary Ann Polewski a week in advance at polewski@wisc.edu.
|
week 12CNovember 17 - 21 |
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Class may meet this week;
see the next box. Due by The Closed Memo second submission is due in the Legal
Research and Writing office, Place the following materials in your teacher=s mailbox. A copy of the Closed Memo second submission, in the manila envelope provided earlier. Also include the copy of the Closed Memo first submission that was graded and commented on by your teacher. Place the following materials in your citation grader=s mailbox. A copy of the Closed Memo second submission, in the manila envelope provided earlier. Also include the copy of the Closed Memo first submission that was graded and commented on by your citation grader. |
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week 12 or 13CNovember 17 - 21 or 24 - 28 Thanksgiving recess is November 27 & 28. |
|
Career Services Research Session (week 12 or 13) The date and hour of your Career Services Research Session will be announced in week 9. This session will meet in the computer lab, room 2386 in the Law Library. This session is provided by the Career Services department, which is using the LR&W class times to facilitate scheduling. Topic: Learn research skills on Lexis and Westlaw
to jumpstart your job search.
This session will cover career-related
sources and research tips and will introduce ways to retrieve news and business
information. Advanced Westlaw and
Lexis search strategies
will also be explored. Information
covered in this session will be useful when you do research in
the spring semester and as you begin job searching over winter break and
beyond. Bring to lab: LexisNexis custom ID and password and
Westlaw password |
|
week 14CDecember 1 - 3 (Monday-Wednesday only) |
|
Class does not meet. Returned: research exercise about statutes (This exercise will be returned to your hang file.) |
■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■ □ ● ○ ■
Table of Contents
for Attachments to the Syllabus for
Legal Research and Writing I
Fall 2008
Course Policies and Procedures 9
Grades 11
University Religious Observance Policy 12
Qualities of Good Legal Writing 13
Local Rules 15
Contact Information 17
Texts 19
Quoting, Paraphrasing, and Acknowledging Sources 21
Course Policies and Procedures
Legal Research and Writing I
Fall 2008
This
class is designed to provide you with the writing and research skills you will
need as a lawyer. The following
components will be essential to your success.
Quality work
Timeliness
Participation
Attendance
Attendance
If you will be absent because of illness or personal emergency, please contact the person who teaches the class in advance whenever possible. Contact your LR&W faculty member about absences from the Writing and Analysis classes. Contact your Research teacher about absences from the Research labs. Contact Mary Ann Polewski about absences from the Citation labs. Always plan to make up any work you missed.
If
you will be absent for religious reasons, please see the University's Religious Observance Policy, which is
attached to this syllabus, for the procedures for requesting an excused absence.
Deadlines
- seeks to claim credit for the work or efforts
of another without authorization and citation;
- uses unauthorized materials or fabricated
data in any academic exercise;
- intentionally impedes or damages the academic
work of others; or
- assists others in any of these acts.
Examples
of academic misconduct include, but are not limited to:
- collaborating with others, contrary to the
collaboration policy of the course;
- submitting an assignment as one=s own work when a part or all of the
assignment is the work of another;
- hiding, removing, destroying, marking in, or
otherwise altering research sources;
- assisting another in any of the above, including an arrangement where any work is performed by a student other than the student under whose name the work is submitted; or
- plagiarizing.
Plagiarism
is defined as the taking of someone else=s
words or ideas and presenting them as one=s
own without attribution to the original source.
While lawyers in their briefs and memoranda often make reference to
other sources, it is critical, from the standpoint of both integrity and style,
to document appropriately or otherwise credit any quotations or paraphrase of
concepts drawn from another source. A
change in language or the order of language does not make the idea one=s own.
Attribution is still required.
For
further information about avoiding plagiarism, please read the article titled AQuoting, Paraphrasing, and
Acknowledging Sources,@
which is attached to this syllabus.
Grades
Legal Research and Writing I
Fall 2008
Closed Memo second submission: 50%
Writing & Analysis class component: 10%
Research and Citation class component: 5%
The Writing & Analysis class component includes (1) attendance and timeliness in the Writing & Analysis classes, (2) in- and out-of-class Writing & Analysis exercises, and (3) draft of the Closed Memo Discussion section.
The Research and Citation class component includes (1) attendance and timeliness in the Research and Citation labs, (2) in- and out-of-class Research exercises, and (3) out-of-class Citation exercises.
Qualities of
Good Legal Writing[1]
Legal Research and Writing I
Fall 2008
Note: The bulleted sub-points below each heading in
this list are representative items. They are not meant to include all the
topics a teacher may address in written or oral comments.
o discuss the correct issue?
o synthesize the rules of law?
o discuss the law before the rules are applied
to the facts of the writer’s case? (rule
explanation before rule application)
o use the relevant rules of law?
o reach a conclusion that is supported by the
analysis?
·
Is the
discussion/argument logical?
·
Is the
discussion/argument supported with legal authority?
·
Is the
document appropriately analytical (memo) or persuasive (brief)?
· Does
the document
o include all relevant legal authorities?
o include all relevant facts?
o adequately support all legal conclusions drawn?
o explain reasoning adequately?
o address counterarguments, if any?
o distinguish unfavorable law and facts?
Large-scale organization
·
Does the
writer
o organize the document around issues?
o use sub-issues when necessary?
Small-scale organization
·
Is there
generally one idea per paragraph?
·
Does the
argument move forward?
·
Does the
writer
o use topic sentences?
o generally avoid one-sentence paragraphs?
o use connecting and transition words that make
sense in context?
USE OF FACTS
·
Does the
Statement of Facts
o contain the relevant facts?
o omit unnecessary facts?
· Does the writer
o use relevant facts when stating the issue presented?
o use the facts of a cited case to illustrate the legal rules?
o compare the facts of a cited case to the facts of the client’s case?
o apply the rules of law to the facts of the client’s case to reach an appropriate conclusion?
o Use complete sentences?
o Prefer the active voice?
o Generally use short sentences?
o Omit surplus words?
o Avoid chattiness?[2]
o Write simply – e.g., say “use” instead of
“utilize”?
o Avoid sexist language?
o Use a tone that meets the document’s purpose?
o Maintain the tone consistently throughout the
document?
·
Does the
writer use proper
o Grammar?
o Spelling?
o Punctuation?
o Citation?
o Format for the document?
· Does the writer avoid typographical errors in the document?