Legal Writing Syllabus (Click here for WORD doc or see below.)
Legal Writing
Donna K. Axel, Esq.
Office: R-517
Tel (201) 200-3574
E-mail:
daxel@njcu.edu
(RE: EMAILS: please specify course title and your name in subject)
Office hours:
Course Note:
Please be advised that this course fulfills an upper division elective requirement for the Pre-Law Minor: it is an advanced course which continues from Legal Research. Although non-Pre-Law Minors are certainly welcome in this class, please note that this course aims to prepare students for law school. As such, it is reading and writing intensive with a focus on learning traditional legal reasoning and analysis, as well as a critique of the traditional categories and reasoning historically employed by lawyers.
Course Requirements
Students are required to (1) read the assigned materials; (2) complete weekly written homework assignments, (3) draft two longer writing assignments, including a letter brief and a memorandum of law, (4) rewrite
all assignments, (5) participate in class discussion in a meaningful way; (6) and complete all in-class assignments (quizzes, individual and group projects, and others). Attendance and participation are crucial to high achievement.
The final grade is based on a combination of the following:
1. Quality of class participation (20%)
Note: Every class counts towards your participation grade: You are marked either positively or negatively. Poor participation counts adversely toward your grade. Silence is considered poor participation.
2. Quality and timely submission of the homework assignments (20%)
Note: Your homework must be typed, not handwritten. You are required to rewrite most assignments. Rewritten work will be averaged with your original grade, but does not replace your original grade. Late papers are NOT accepted. (Exception: I will accept a late paper due to an excused absence ONCE.)
3. In-Class Assignments (20%) (includes written and oral presentations)
Note: Almost every class there will be an assignment or “quiz.” There are NO make-ups. You are required to rewrite your in-class assignments. All rewrites must be TYPED.
4. Memorandum of law (20%)
You are required to rewrite this assignment at least once, but only the final grade on this assignment will be counted towards your final grade in the class.
5. Letter brief in lieu of a motion (20%)
You are required to rewrite this assignment at least once, but only the final grade on this assignment will be counted towards your final grade in the class.
ACADEMIC HONOR STATEMENT AND PLAGIARISM
Academic integrity is essential and non-negotiable. There is a 0 Tolerance Policy regarding plagiarism. Citing your work is imperative and failure to do so results in failing the class. In this course, you must follow proper legal (“bluebook” or “ALWD”) citation format. I recommend reviewing:
http://www.law.cornell.edu/citation/
Findlaw
<
http://www.findlaw.com/> (legal search engine)
Jurist: Legal News and Research
<
http://jurist.law.pitt.edu/>
Legal Information Institute
, Cornell Law School <
http://www.law.cornell.edu/index.html>
NJ Courts Online
<http://www.judiciary.state.nj.us/>
New Jersey Documents on the Web
, Rutgers School of Law: <
http://law-library.rutgers.edu/govdocs/jersey.html>
R. Standler,
Legal Research and Citation Style in USA, (2004). 5 August 2006 <
http://www.rbs0.com/lawcite.htm>
<
http://www.supremecourtus.gov/> (Official U.S. Supreme Court website)
Legal Citation Format:
Readings: go to http://www.law.cornell.edu/citation/
Peter W. Martin,
Introduction to Basic Legal Citation (LII 2006 ed.). Read the sections under “What and Why?”
L. Bahrych and M. Rombauer,
Legal Writing in a Nutshell, p. 226, (3rd ed. Thomson West, 2003).
M. Murray and C. DeSanctis,
Legal Research and Writing, (Foundation Press, 2006). [hereinafter “Text” or “Textbk” or “Main Text”]
M. Murray and C. DeSanctis,
Legal Research and Writing: Problems and Exercise (Foundation Press, 2005). [hereinafter “P&E: Workbook”]
Required Online Readings
(The following websites include articles as well as legal research search engines that will be used to obtain legal documents):
Recommended Text: The ALWD Citation Manual (“ALWD”)
And/or The “Bluebook of Legal Citation ( The “Bluebook”).
Class 1: Introduction, Overview of Entire Course and the Various Types of Legal Writing
Quiz
Writing Exercise: Objective Writing v. Persuasive Writing and Punctuation & Grammar
Class 2: Case Briefs
Quiz
Case Briefing
Reading
in preparation for this class: Delaney:
Legal Reasoning, Intro. through first half of Chapter 2; Delaney:
Law School Exams, Intro. through first half of Chapter 2.
In-Class Writing Exercise
Assignment Due: TBA
Class 3: Law School Exam Writing: IRAC/CIRIP and Other Acronyms
Quiz re: Case Brief formats and TREAT and/or IRAC and/or CIRIP
Reading
in preparation for this class: Delaney
Legal Reasoning, pp. 77-87 and Murray & DeSanctis Text, Chpt. 6.
In-Class Writing Exercise: Writing Responses to Hypothetical Situations.
Highly Recommended: Legal Writing in a Nutshell: Chpt. 2.
Assignment Due:
Class 4: Organization of Legal Writing: Issue-spotting and “Interweaving” rule with facts
In-Class Writing Exercise: P&E Workbook, Chpt. 6, Writing Exercises
Reading
in preparation for this class: Murray & DeSanctis Text, Chpt. 6 and Delaney,
Law School Exams, pp. 53-76.
Assignment Due:
Response to Hypo
Class 5: Statutory Interpretation & Analysis of Multiple Authorities
Quiz: Issue Framing (
See M&D Wkbk., Chpt. 7).
In-Class Writing Exercise: Murry & DeSanctis Wkbk. Chpt.6, #3 B & C
In-Class Group Exercise: M&D Wkbk,. Chpt.6 #4 A, B, C (S
ee Chpt. 5 for cases)
Reading
in preparation for this class: Murray & DeSanctis Text, Chpts. 5-6 and Delaney,
Law School Exams, pp. 87-102.
Assignment Due:
Murry & DeSanctis Wkbk, #3 A (Narrative Reasoning)
Class 6: The Office Memorandum and the Client Letter
Quiz: Various Types of Legal Writing
In-Class Writing Assignment: Draft a letter to your hypothetical client.
Reading
in preparation for this class: Murray & DeSanctis Text, Chpts. 7.
Class 7: Small-Scale Organization
Readings: Text, Chpt. 8 AND Legal Writing in a Nutshell: Chpt. 3-6 (as much as possible).
In-Class Exercise: Handout:
Writing and Analysis in the Law, Chpt.6.
Quiz re: Effective Thesis Statements, Issues and Rule Summaries
Sentence Structure, Effective Paragraphs, and more.
Readings:
Murray & DeSanctis Text, Chpts. 6 & 7
Highly Recommended: Legal Writing in a Nutshell: Chpt. 2.
Assignment Due:
P&E Workbook, Chpt. 7, Writing Exercises
Classes 8-10 Writing A Persuasive Legal Document: Adversarial Legal Writing
Class 8: Adversarial Legal Writing and Pre-Trial Motions
Readings: Text, Chpt. 20-21 AND Legal Writing in a Nutshell: Chpt. 9.
Consider beginning your motion to dismiss (due Class 10).
Assignment Due: Client Letter Rewrite.
March 10-14 is SPRING BREAK: NO CLASS
Class 9: Letter Briefs in lieu of a formal brief: Motions to Dismiss
Reading in preparation for this class: Text, Chpt. 22
In-Class Exercise: P&E, Chpt. 22.
Assignment Due: ALL REWRITES
PRE-LAW EVENT
Class 10: Appellate Advocacy
Guest Speaker(s) (possible)
Readings
:
Assignment Due: Draft 1: Letter Brief in lieu of a formal Motion to Dismiss
Class 11: Appellate Briefs
Guest Speaker(s) (possible)
Readings
: TBA
Classes 12-13:
Either Review And/Or Begin Oral Argument Prep
Classes 14-15:
Oral Arguments
Assignment Due: FINAL Draft of Letter Brief in lieu of Motion to Dismiss
Supporting Bibliography (For those of you interested in learning more about writing):
A Uniform System of Citation
(18th ed. 2005). “Published and distributed by the Harvard Law Review Association, this “Blue Book” is the final guide on structure, content, and form of legal citations and on some rules of mechanics…” (L. Bahrych and M. Rombauer,
Legal Writing in a Nutshell, p. 226, (3rd ed.2003).
ALWD Citation Manual:
A Professional System of Citation
, (3rd ed. 2005).
Terry Bowen and John Scheb, “Freshman Opinion Writing on the U.S. Supreme Court, 1921-1991,”
Judicature 76: 239-243 (1993).
W. Burton,
Legal Thesaurus (3rd ed. 1998).
Saul Brenner, “The Memos of Supreme Court Law Clerk William Rehnquist: Conservative Tracts, or Mirrors of His Justice’s Mind?”
Judicature 76:77-81 (1992).
Linda Holdeman Edwards,
Legal Writing and Analysis (2003).
Anne Enquist and Laurel Currie Oates,
Just Writing:
Grammar, Punctuation, and Style for the Legal Writer
, (2d. ed. 2005).
Bryan A. Garner,
The Elements of Legal Style (2d. ed. 2002).
Bryan A. Garner,
Legal Writing in Plain English: A Text with Exercises (2001).
Bryan Garner,
The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (2d. ed. 2004).
Bryan A. Garner, Jeff Newman, and Tiger Jackson,
Garner's Redbook Manual of Legal Style (2002).
D. Hacker,
A Writer’s Reference (5th ed., Bedford/St. Martin, 2003).
Christina L. Kunz, Matthew P. Downs, and Ann L. Bateson,
T
he Process of Legal Research (6th ed. 2004).
D. Mellinkof,
The Language of the Law (1963). (NOTE: This is a “fine historical approach to legal language, written by a lawyer.” [Lynn Bahrych and Marjorie Dick Rombauer,
Legal Writing, p. 226, (3rd ed.
2003).]
Richard K. Neumann,
Legal Reasoning and Legal Writing:
Structure, Strategy, and Style
(5th ed. 2005).
M. Rombauer,
Legal Problem Solving: Analysis, Research and Writing (5th ed. 1992).
(4th ed. 2003).
SparkNotes Editors,
Legal Writing (SparkCharts) (2004).
Strunk and White,
The Elements of Style (4th ed. 1999).
Richard C. Wydick,
Plain English for Lawyers
(4th ed. 1998).
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