Instructor: James H. Donelan
Tuesday, Thursday 2:00-3:15
Enroll Code: 54296
1310 Girvetz Hall
Office Hours: Tuesday 1:00-1:50, Wednesday 1:00-1:50 or by appointment.
Behrens, Making the Case
Ruszkiewicz, Hairston, Seward, SF Writer
A reader at Graphikart in Isla Vista
Course Description: Practice in applying rules to facts in analyzing issues and in writing clearly, succinctly and cogently in various forms of legal discourse.
Requirements: The course requires regular attendance, active participation
in class discussion and activities, and timely completion of all assignments,
including case briefs and legal analysis. You will write an in-class essay;
a case brief; a legal memorandum, an advocacy letter, and an appellate
brief. The relative value of these assignments and class participation
in determining your course grade is as follows:
a. Law essay—10%
b. Case brief—10%
e. Appellate brief—30%
f. Participation and completion of homework assignments—10%
Do not alter the font size or line spacing in order to change the length of the paper. Papers should be no longer or shorter than the length assigned and submitted on time. Use twelve point type, in Times New Roman or CG Times. Papers should be delivered to my mailbox in South Hall by noon on the date due or in class the same day. Late papers will result in grade reductions. Never submit a paper without proofreading it carefully. Your classmates and your instructor depend on your presence in class and your full participation. Participation therefore counts for a substantial part of your grade. University regulations regarding plagiarism will be strictly enforced.
Readings identified by page number are in Making the Case; others are in the reader.
I: Terms, Definitions, and Sentences: The Case Brief
Handout: Legal Matters
In-class: Writing sample on legal writing.
Reading: Behrens, "Preface" xxii; Hricik, "The American Legal System" 2; Statsky and Wernet, "Introduction to Briefing"
Homework: Describe the hierarchy of the American legal system.
In-class: Legal argument.
Reading: Behrens, Group 1 Readings 419; Knowles v. Iowa
Homework: One-page summary of Williams v. Ellington
In-class: Law essay
Reading: Charrow, et. al "IRAC" 59
Homework: Thumbnail Brief of Knowles v. Iowa
In-class: Creating a comprehensive brief.
Reading: Izzy, "Ten Ways…" 76
Homework: Draft of Comprehensive Brief
In-class: Peer Review
Homework: Comprehensive Brief Due
In-class: Library Research: Introduction to Lexis-Nexis
Class meets in Davidson Library.
II: Paragraph Development: The Legal Memorandum and the Advocacy Letter
Reading: Stracher, "The Memo" 2; Statsky and Wernet, "Writing the Memorandum"
Homework: Writing Exercise 2, 83
In-class: Legal rhetoric; exercise comparisons.
Reading: Group 3 Readings 456; SF Writer, Chapter 4
Homework: Outline of memorandum
In-class: Determining sufficient authority in arguments.
Reading: Review Statsky "Writing"; SF Writer, Chapter 5
Homework: Draft of memorandum.
In-class: Editing and proofreading.
Homework: Memorandum due.
In-class: Presenting arguments
Readings: Statsky 17; Behrens, "Broken Engagements" 487
Homework: Write a brief, but persuasive letter for one side of a broken engagement case.
In-class: Paragraph structure.
Readings: SF Writer, Chapter 6
Homework: Draft of advocacy letter.
In-class: Paragraph transitions and peer review.
Readings: Copyright case appeals.
Homework: Advocacy Letter due.
In-class: Preparing an appeal.
III: Constructing an Argument: The Appellate Brief
Readings: Statsky 18, SF Writer, Chapter 22
Homework: Summary of arguments.
In-class: Planning an appeal.
Readings: Review Statsky 18
Homework: List of cases.
In-class: Strategy and research.
Readings: SF Writer, Chapter 23
Homework: Outline of appeal.
In-class: Clarifying writing.
Homework: First half of appeal draft.
In-class: Editing for clarity.
Readings: Review Statsky 18
Homework: Second half of appeal draft.
In-class: Editing for rhetorical force
Final class. Oral presentations and evaluations.
Homework: Prepare oral argument.
Appellate Brief due.