Frederick Community College

LA120 LEGAL WRITING & DOCUMENTS

SPRING 2009

 

Instructor Information:

 

Name:   Dr. Tracy Parker

Office:   B200

E-mail:  tparker@frederick.edu

Phone Number:  301-624-2819

Office Hours: Monday/Wednesday 10:30-12pm; Friday 8:15-9:15am

Campus Mail Box Number:  106

 

Course Information:

 

Credits:  3

Last Day to Drop:  April 3, 2009

Prerequisites: EN101, LA110

Co-requisites: 

Meeting Day(s):  This is a hybrid course. We will meet face to face on the following dates:

1/30; 2/6; 2/20; 2/27; 3/13; 3/20; 4/3; 4/17; and 5/1.  These dates are subject to change with advanced notice based on the instructor’s discretion.

Meeting Time(s):  11:00-12:15pm

 

Course Description:

         

Offers working knowledge of techniques of legal writing in the preparation of legal documents.  Specifically for the legal assistant, course covers various types of legal documents including lease, contracts, wills, memoranda, pleadings, trial briefs, legal correspondence and legislative drafting.

 

Core Learning Outcomes:

 

By the completion of the course students will:

1.    Draft a variety of legal documents in clear and concise language, and revise as directed

2.    Properly cite legal references throughout all legal documents using The Bluebook

3.    Analyze a client’s case based on applicable law

4.    Predict outcomes in writing of client’s case based on legal analysis

5.    Prepare a portfolio with writing samples and career correcspondence

 

Instructional Methods:

 

Lecture

Group Discussion

Demonstration

Practice by Doing

 

Text(s) for Course:

 

Case Analysis and Fundamentals of Legal Writing, Statsky and Wernet, Jr., 4th Ed.

The Bluebook:  A Uniform System of Citation, 18th Ed.

Students will need a disc.

 

Evaluation Methods:  

Tests / Papers / Projects

Point Value

Final Grade Scale

 

Legal Correspondence

20 points each

A = 90-100

Case Briefs

30 points each

B = 80-89

Memoranda at Law

100 points each

C = 70-79

Revised Memoranda

30 points

D = 69-60

Contract

100 points

F = 59 or below

Pleadings Assignment

100 points

                                           

Portfolio

100 points each

 

 

Progress Report:  

Students will receive some form of written assessment of their progress in the course no later than the sixth week of the course.

 

Attendance Policy:  

Attendance all class sessions except in cases of serious illness, emergency, religious holidays, or mandatory participation in official College functions.  There will be no make-ups for missed assignments.  All deadlines must be met.  The topical outline is tentative.  It is to be followed unless otherwise instructed in class.

 

Students with Disabilities:

FCC provides reasonable accommodations to otherwise qualified students with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) and amendments.  Students with disabilities who are in need of accommodations must contact the Services for Students with Disabilities (SSD) office at 301-846-2408 (A Building, Room 106A) in order to request and apply for services.  The SSD office will require appropriate documentation of a disability.  Questions related to accommodations or services can be directed to the SSD office.  Additional information related to services can be viewed at the following FCC web page:  http://www.frederick.edu/student_services/disability.aspx.  
If you currently receive services from the SSD office, please submit your Student Success Plan to me and make an appointment with me to discuss your accommodations and needs in class.  I will hold any information you share with me in strict confidence unless you give me permission to do otherwise.

 

 

TOPICAL OUTLINE

                                              Tentative Outline

 

Class

Subject

Content

1

Composite and Thumbnail Briefs

Chapters 2-5:  Distinguishing Composite and Thumbnail Briefs; Formats; Citation; Identifying Parties, Objectives, Theories and History of Litigation

2

Composite and Thumbnail Briefs

Chapters 6-9:  Identifying Key Facts, Issues, Holding and Reasoning; Distinguishing Dictum, Disposition and Commentary

 

3

Clarity in Legal Writing

Chapter 19:  Terminology in Writing; Active Voice; Shorter Sentences; Simplify Language; Fog Index; Parallel Structure; Spelling/Grammar

 

 

4

Legal Correspondence

Chapter 17:  Letter Writing; Format; Tone; Clarity; Types of Letters

 

 

5

Fact Comparison

Chapter 11:  Fact Similarities, Differences and Gaps; Creating and Using Factual Charts; Crane Analysis

 

 

6

Rule of Law Comparison

Chapter 12:  Comparing and Distinguishing Rules of Law; Statutory Analysis; Case Analysis; and Administrative Regulation Analysis; Creating and Using Rule of Law Charts

 

7

Primary and Secondary Authority;

 

Citation Form

Chapter 14:  The Use and Misuse of Primary and Secondary Authority

 

Bluebook:  Proper Citation

 

 

8

Memorandum of Law

Chapter 16:  Format and Writing Memorandum of Law

 

 

9

Applying Fact Comparison and Rule of Law Comparison

Chapters 11 and 12: Using Memorandum Assignments to Review Fact Comparison and Rule of Law Comparison

 

10

Memorandum of Law

The Heart of the Analysis; IRAC; Issue analysis and counter analysis

 

11

Memorandum of Law

Content will be determined by graded memos

 

 

12

Pleadings

 

Following Procedure; Review of Litigation Process; Complaint and Answer;  Use of Samples in Legal Writing; Researching Samples

 

13

Practical Exercise

Timed Legal Writing Assignments

14

Contract Drafting

Handouts:  Gathering Information; Using Samples; Drafting Various Contractual Clauses

 

 

15

Portfolio

Complete and Submit Portfolio