PS 3530 Legal Writing and Research        Spring Term 2008        Peck Hall 320

(Sec. 01 - MW 2:20-3:45 p.m.; Final Examination: Monday, April 28, 2008 at 12:20-2:30 p.m.)

(Sec. 02 - TR 11:20 a.m. - 12:45 p.m.; Final Examination: Thursday, May 1, 2008 at 10:30 a.m. - 12:30 p.m.)

Syllabus  (This syllabus is subject to change throughout the semester depending on the direction taken by the class or other exigencies. Changes will be announced in class.)                                                          

Instructor: Clyde E. Willis, J.D., Ph.D. Office 255 Peck Hall, Telephone: 615-898-5457

Web address:  http://mtsu32.mtsu.edu:11405/

Office Hours: MW 10:00-12:00; TTh 1:00-2:00; and by appointment.              Click here for Current Instructions

Course Objectives: Legal Writing and Research, a three-credit hour course, is a specialized composition course for university students planning to attend law school and paralegal students planning to work in a legal environment.  The course is composed of practice in legal research and writing in a variety of legal situations.  Your goal in this course is to learn how to organize a factual situation into a research project, conduct research and convey legal analyses in written form for different procedural situations.  The course consists of two components: research and writing.  The course will emphasize both components and you must show an acceptable level of competence in each component to complete the course successfully.
 

Required Readings: (1)  The  course FactPack available through the class web page by clicking on The FactPack Page [and the case exhibits], (2) material explaining and illustrating proper legal citations (such as the one found at http://www.rbs0.com/lawcite.htm), (3) articles assigned during the term that are available on the web and/or at the Walker Library, and (4)  My Lecture Notes.

Course Requirements: I will provide assignments as the course progresses in a way that will reflect as much as possible the class’s level of achievement.  Due dates and times for the research and writing assignments are strict.  Barring a genuine emergency such as significant, verifiable illness or a death in the family, assignments submitted late will incur a late penalty of 10% immediately and 30% per day after that.  Be certain to back up or maintain a file copy of all work submitted.  A computer crash will not be an acceptable excuse for work submitted untimely or not at all.

Collaboration Rule: Only when otherwise instructed, you may work together on legal research and writing exercises.  Nonetheless, simply copying another’s work will incur appropriate penalties.

Course Activities: We will meet classes in the classroom and in the library.  One examination will specifically cover research and bibliographic citations.  The fact package will be the basis for all major research and writing exercises that may include a pre-trial memorandum, a memorandum of law at trial, an appellate brief along with other pleadings.  Non-research class periods will be primarily concerned with lectures, class discussion and oral presentations of your work.

Following is a tentative allocation of points for the course work:

Research and Citation Examination      50 points - 7% (Knowledge of Blue Book Citations)
Pre-trial memorandum and pleadings   50  points - 7% (Summary of the case)
Opening Statement                            150  points - 21.5% (Detailed preview of the anticipated trial)
Direct Examination                              50  points - 7% (Questions and answers of a witness)
Appellate Brief                                  250 - points 36.5%  (Formal appellate brief on issues raised at the trial)
Critical review of article                       50 points - 7% (Critique of assigned scholarly article)

Research Diary                                 100 points -14% (detailed summary and analysis of research project)

Total Points                                       700 (The relative percentages are not mathematically exact.) 

Work submitted will be graded on the basis to which it:   (1).  Takes a position and articulates a reasoned, analytically-supported argument;  (2).  Organizes facts and identifies all significant legal issues:  (3).  Is free of grammatical, spelling, syntax and typing errors;  (4). Is based on competent and thorough research;  (5).  Complies with correct citation formats;  (6).  Logically relates the applicable law to the facts; and  (7). Makes as reasoned and persuasive argument.  You must keep abreast of all assignments and modification of this syllabus.  To do so, you should maintain daily contact with your MTSU e-mail address and this web page.

Grade Distribution: I will distribute grades on the cumulative points according to the following percentages:

Attendance Policy: Class attendance and participation are extremely important in this class, thus it is mandatory.  I WILL lower your grade for absences and lack of participation during class. 

Writing Requirement: You have reached a level of education that requires that you be judged by how effectively you communicate in writing as well as by what and how much you know.  Just as a major requirement for success in the legal system is an ability to write well, it will be a major concern in this course.  Accordingly, it may be necessary for students who have writing skills need special assistance to complete several sessions with the Writing Center to fulfill the course requirements.  This requirement is especially important for this course.

Accommodations: If you have a disability that may require assistance or accommodation, or you have questions related to any accommodation for testing, or the need for note takers, readers, et cetera, please speak with me when possible.  You may also contact the Office of Disabled Student Services at 898-2783 with any questions about such services.

Other important things to remember:
January 27 is the last day to drop or withdraw without a grade. March 2 is the last day to drop or withdraw with a “W.”  There are no automatic withdrawals after March 2. Any withdrawal thereafter must be based on appropriate circumstances subject to the approval of the departmental chair.  April 22/23 is the last day of classes; April 24 is a study day; and April 25-May 1 is the final examination period.

To retain Tennessee Education Lottery Scholarship (TELS) eligibility, you must earn a cumulative TELS GPA of 2.75 after 24 attempted hours and a cumulative TELS GPA of 3.0 thereafter.  A grade of C,D,F, or I in this class may negatively impact TELS eligibility.  Dropping a class after 14 days may also impact eligibility.  If you withdraw from this class and it results in an enrollment status of less than full time, you may lose eligibility for your lottery scholarship.  For additional lottery scholarship rules please refer to your Lottery Statement of Understanding form, review lottery scholarship requirements on the web at http://scholarships.web.mtsu.edu/telsconteligibility.htm, or contact the MTSU financial aid office at 898-2830.

Current Instructions: 

Click below for Appellate Brief Material

Issues appealed and appellate argument schedule

Case Exhibits

Appellate Brief Example: Appellant

Appellate Brief Example: Appellee

Rules of Appellate Procedure

Rules of Evidence

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