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Legal Writing

Ms. Goodman

Legal Research and Writing §§ 2 and 5
Fall 2009 — Syllabus — Prof. Goodman

I: FINDING AND ANALYZING STATUTES AND CASES

Week 1

Thursday, August 27 –Introduction to Legal Writing and to Case-Based Rules

Before class, read:

Friday, August 28 –

Note: We will meet twice today, once for a regular class and once for a Westlaw/Lexis session. The Westlaw/Lexis session replaces a class that would otherwise be held after Thanksgiving.

Introduction to Legal Research and to Client File # 1

Before the regularly scheduled class, read:

  • Part 1A of Client File # 1 (Web site, Writing Assignments page);
  • Kunz, The Process of Legal Research, pp. 3-6 and 27-38; and
  • Edwards pp. 13-16 and 23-28.
First Westlaw/Lexis Session

Before attending one of the special sessions introducing the two major electronic services for legal research (Westlaw and LexisNexis), register/activate your passwords for both services. All sessions will be held on August 28 in Room 123. It is better to attend a session held after your Friday class meeting, but if you must attend an earlier one you may. Attend one session only. The times of sessions are as follows:

  • 9:50 to 10:45;
  • 10:55 to 11:50;
  • 1:15 to 2:10; and
  • 2:20 to 3:15.

Week 2

Thursday, September 3 -Working with Statutory Rules

Before class, read:

  • Edwards pp. 45-53 and 77-86 (but you may skip the exercises);
  • Enquist § 8.6 (pp. 198-202, modifiers); and
  • Kunz pp. 75-83.

Also before class, prepare (for class discussion) Exercise 2-5 on page 26 of Edwards.

Friday, September 4 -Analyzing the Statutes for Client File # 1

Using either LexisNexis or Westlaw or a combination of the two, locate and print the TEXT of the following statutes relevant to Client File # 1, and bring a hard copy of the statutory text to class:

  • Illinois Compiled Statutes Chapter 720, Section 5/19-1;
  • Illinois Compiled Statutes Chapter 720, Section 5/19-3; and
  • Illinois Compiled Statutes Chapter 720, Section 5/2-6.

CAUTION: Print or copy the statutory text (statutory language) only and not the text plus annotations.

Week 3

Thursday, September 10 -Reading, Analyzing, and Synthesizing Cases

Before class:

  • locate and print (or photocopy) the following cases relevant to Client File # 1:
    • People v. Thomas, 561 N.E.2d 57 (Ill. 1990);
    • People v. Smith, 568 N.E.2d 417 (Ill. App. Ct. 1991);

    • People v. McIntyre, 578 N.E.2d 314 (Ill. App. Ct. 1991);

    • People v. Silva, 628 N.E.2d 948 (Ill. App. Ct. 1993); and

    • People v. Cunningham, 637 N.E.2d 1247 (Ill. App. Ct. 1994);

  • then read the cases and do the assignment in Part 1B of Client File # 1 on the Writing Assignments page. Bring to class a hard copy of the cases and of your completed 1B assignment.

Friday, September 11 -Reading, Analyzing, and Synthesizing Cases

Before class:

  • read Kunz pages 193-212;
  • read Edwards pp. 17-22 and 36-41;
  • read Enquist § 8.7 (pp. 202-07, parallelism); and
  • complete Practice Set 1 (Citators) (posted on the Research page). Bring to class a typed, hard copy of your answers on an answer sheet that also includes your name and the name of the exercise.

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II: WRITING AN OFFICE MEMORANDUM

Week 4

Thursday, September 17 -Writing the Analysis of a Discrete Legal Issue

Before class:

  • read Edwards pp. 55-62 and 89-99;
  • read the model discussion of the intent element (included at the end of Part 1C of Client File # 1) and bring a hard copy of that model (pages 4-10) to class;
  • read the sample memorandum in Edwards Appendix A; and
  • do Edwards Exercises 5-6 and 8-1. You may do both exercises on a single copy of the memorandum.

Also before class, continue the synthesis process we began in last Friday's class, and be prepared to present and defend your proposed synthesized rule from all the cases. Refer to Edwards pages 36-41 (synthesizing cases) and 77-82 (rule structures).

Friday, September 18 -Writing the Issue (Conclusion), Rule, and Rule Explanation Portions of the Paradigm

NOTE: Today both sections meet together at 8:45 in Room 124

Before class, read:

Week 5

Thursday, September 24 -Revisiting the Issue (Conclusion) and Rule/Rule Explanation

Before class:

  • read and familiarize yourself with the peer-edit form that we will use during class (The form will be posted on the Writing Assignments page, no earlier than Tuesday.);
  • read Enquist §§ 8.4, 8.5 (pp. 184-97, agreement and reference); and
  • complete the assignment in Part 1C of Client File # 1. Remember both to upload your document to the dropbox before class and to bring to class the items specified in the assignment.
Friday, September 25 -Writing the Application and Conclusion

NOTE: Today, both sections meet at the usual times but in different rooms. Section 2 (8:45) meets in Room 124 (on the first floor), and Section 5 (10:55) meets in Room 213 (across the hall from our usual room).

Before class, read:

  • Edwards pp. 101-08 and 120-23; and
  • Enquist pp. 307-13 (usage) and § 6.1.5 (pp. 102-03, precise comparisons).

Week 6

Thursday, October 1 -Revisiting the Application and Conclusion

Before class:

  • complete the assignment in Part 1D of Client File # 1. Remember to upload an electronic copy to the drop-box before class and to bring to class the items specified in the assignment.
Friday, October 2 -Writing the Statement of Facts

Before class:

  • read Edwards pp. 136-38;
  • Enquist § 9.1 (pp. 209-30, commas); and
  • do the assignment in Part 1E of Client File # 1. Bring one hard copy of your assignment to class.

Week 7

Thursday, October 8- Introduction to Legal Citation

Before class, read:

  • Bluebook (18th ed.) pp. 1-4 (stopping before paragraph B4);
  • McGaugh, Interactive Citation Workbook (2009 edition) ("ICWB") pp. ix-x; and
  • Enquist §§ 9.2 - 9.6 (pp. 230-56, semi-colons through end of punctuation chapter).

Also before class, familiarize yourself with the Interactive Citation Workstation ("ICWS") by:

  • going to www.lexisnexis.com/icw;
  • clicking on the Instructions tab and reading the instructions; and
  • clicking on the Bluebook tab and doing the OnLine Intro Quiz. To log on, use the LexisNexis ID and password you registered at the beginning of the course.

IMPORTANT: Whenever you do an ICWS exercise, always make sure that the registration confirmation screen appears as follows:

  • Your INDIANA UNIVERSITY email address must appear in the "Email" field right after your name;
  • MY SECRETARY's email address, bplew@indiana.edu, must appear in the "Primary Professor's Email" field;
  • The "Secondary Professor's Email" field must either be BLANK or contain a secondary email of YOURS;
  • My email address must NOT appear anywhere;
  • The box "Display all information on certificate" must be CHECKED.

If you have signed on (registered) correctly according to these instructions, both you and my secretary will be emailed a version of your completion certificate for each exercise you do, but please note that a certificate is not generated for the OnLine Intro Quiz. Also note that if you checked the box, the completion certificate you see online will show the correct answers for the problems. The emailed version does not display the correct results, however, so you should print and retain the certificate when it displays on the ICW site. If you lose the print-out, you can review a certificate by returning to an exercise and clicking the "Done" button again.

Bring your Bluebook to class.

Friday, October 9 -Writing a Multi-Issue Discussion

Before class, read:

  • Edwards pp. 109-15 and 127-35;
  • Enquist ch. 2 (pp. 25-31, connections between paragraphs); and
  • ICWB pp. 1-5 and 9-15.

Also before class, after reading the ICWB material and the relevant Bluebook rules, go to the ICWS and complete Problems 1-2 and 6-15 of Exercise 1 (Case Names) and Problems 1-4 and 7-10 of ICWS Exercise 2 (Case Location). Check that the registration confirmation complies with the instructions given for October 8's class, and make sure you select the BLUEBOOK (not the ALWD) version of the exercise. When you have completed all the assigned problems, click "done," print the completion certificate from the Web site, and check your email for the emailed version of the certificate. If after a REASONABLE effort you cannot get the ICWS to work, you may TYPE your answers and turn in a hard copy at the START of class.

Week 8

Individual writing conferences take place this week. Sign up in advance, and bring to your conference TWO hard copies of the assignment in Part 1F of Client File # 1
Monday, October 12, @ 8 a.m. -Submit an Electronic Copy of Part 1F of Client File # 1

By 8 a.m. on Monday:

  • complete the assignment in Part 1F of Client File # 1, and upload an electronic copy to the Electronic Drop-Box on the Writing Assignments page. Submit your file in one of the following formats only: MS-Word, Corel Wordperfect, Rich Text, or PDF. Print out two copies to bring to your conference.
Thursday, October 15 -Second Westlaw/Lexis Session

Instead of our regularly scheduled class, attend a second special session on Westlaw and LexisNexis, which is designed to give you skills for researching Client File # 2. Attend any one of the sessions beginning at the following times and held in Room 123: 9:50, 10:55, 1:15, or 2:20.

In addition, by 3:00 p.m. today, complete the Diagnostic Writing Exercise according to the instructions emailed to you in advance.

Friday, October 16 -Final Feedback on Client File # 1

Both sections will meet together at 8:45 a.m. in Room 124. Bring to class the hard copies of your Part 1F assignment that you brought to your conference.

Before class:

  • read ICWB pp. 19-24 and complete Problems 1-10 of ICWS Exercise 3 (Court & Date); and
  • read ICWB pp. 27-32 and complete Problems 1-4 and 9-10 of ICWS Exercise 4 (Parallel Citations).

For each exercise, follow the directions given for October 9's class.

(October 19-23: Fall Break)

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III: DEEPENING YOUR SKILLS AND APPLYING THEM ON YOUR OWN

Week 9

Thursday, October 29 -Researching Client File # 2, Part One

Before class:

  • read Kunz pp. 220-73;

  • complete the assigned research situation for Practice Set 2 (State Paper Codes and Session Laws) (posted on the Research page). Bring to class a hard copy of your answers; and

  • read Part 2A of Client File # 2 (Web site, Writing Assignments page).

Bring both to this class and to all subsequent research classes:

  • your Kunz text;

  • your laptop, with Internet access;

  • your activated Westlaw password; and

  • your activated LexisNexis ID number.

Friday, October 30 -

Note: We will meet twice today. The additional meeting replaces a class that would otherwise be held after Thanksgiving.

Discuss Client File # 2

Before the regularly scheduled class:

  • read ICWB pp. 41-45 and complete Problems 1-9 of ICWS Exercise 6 (Federal Statutes).

  • read ICWB pp. 49-51 and complete Problems 1-9, 11, and 15 of ICWS Exercise 7 (State Statutes).

For both exercises, follow the directions given for October 9's class.

Third Westlaw/LexisNexis Session

The additional class today is the third and final Westlaw/LexisNexis session, presented at four times throughout the day. Attend any one of the sessions beginning at the following times and held in Room 123: 9:50, 10:55, 1:15, or 2:20.

Week 10

Thursday, November 5 -Researching Client File # 2, Part Two

Before class, read:

  • Kunz pp. 148-92 and 213-17; and

  • complete the assigned research situation for Practice Set 3 (Paper Reporters and Digests) (posted on the Research page). Bring to class a hard copy of your answers.

Bring to class your laptop (with Internet access), your Kunz text, and your Westlaw and LexisNexis password/ID.

Friday, November 6 -Discuss Client File # 2

The assignment in Part 2A of Client File # 2 is due in hard copy at the start of class today.

Week 11

Thursday, November 12 -Grammar, Usage, and Punctuation Review

Before class, review Enquist chs. 8 and 9 and her Glossary of Usage.

Friday, November 13 -Discuss Client File # 2

Before class, read:

  • ICWB pp. 35-38, and complete Problems 1-7 of ICWS Exercise 5 (Short Forms (Cases)); and

  • ICWB pp. 55-57 and complete Problems 1-2 and 7-9 of ICWS Exercise 8 (Short Forms (Statutes)).

For both exercises, follow the directions given for October 9's class.

Week 12

Thursday, November 19 -Q & A with the Assigning Attorney

Come to class prepared to present orally to the assigning attorney the results of your research and

analysis about Client File # 2. To prepare, you may find it helpful to anticipate questions and outline possible answers.

Friday, November 20 -Competency Test of Grammar, Usage, and Punctuation

The test is closed book. The test covers the following material in Enquist, Just Writing (3d ed.):

  • chapter 8 (grammar);
  • chapter 9 (punctuation); and
  • pp. 30-31, 51, and pp. 307-313 (usage).

Because we held extra sessions earlier in the semester, we will not meet after Thanksgiving break, and today will be our last class meeting of the semester.

Week 13 [Thanksgiving Week]

Tuesday, November 24 -Second Memorandum (assigned in Part 2B Client File # 2) due by 12:00 p.m. (noon)

Turn in one hard copy to my secretary, Beth Plew, in Room 220 of the Lewis Building. In addition, upload an electronic copy to the Electronic Drop-Box on the Writing Assignments page. Your file must be in one of the following formats only: MS-Word, Corel Wordperfect, Rich Text, or PDF.

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Last updated 10.27.09