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Canyon College

COURSE SYLLABUS: Legal Research and Writing

Course Title: Department: Instructor: E-mail Address: Prerequisite:

LS400 - Legal Research and Writing Legal Studies Barry B. Eskanos, MPA, J.D. BBEskanos@aol.com, BBEskanos@yahoo.com, Bbeskanos@hotmail.com None

COURSE MATERIALS:

Textbooks: Online Bookstore

Diana V. Pratt, Legal Writing: A Systematic Approach, Third Edition, West Group American Casebook Series, St. Paul., Minn., 1999. ISBN #: 0314228039

Mary Barnard Ray and Jill J. Ramsfield. Legal Writing: Getting It Written, Third Edition. West Group American Casebook Series, St. Paul Minn, 2000. ISBN #: 0314238077

SEMINAR DAY AND TIME:

Wednesdays from 11:30 a.m. to 12:00 p.m. EDT
Mondays from 10:30 p.m. to 11:00 p.m. EDT

COURSE DESCRIPTION:

After completing this course, the student is expected to have acquired the basic skills necessary for writing legal documents. The course is designed to give the student exposure to writing briefs, pleadings, (including motions, complaints, answers, appeals, etc.) and even some basic legal correspondence. The Student should acquire an understanding of the skills and duties of a paralegal in an active law office setting, and basic skills of a beginning law student.

COURSE OUTCOMES:

Upon completion of this course, you should be able to do the following:

1. Prepare a legal memorandum;
2. Prepare a Legal Case Brief;
3. Write Legal Correspondence;
4. Prepare legal pleadings (including motions, complaints, answers, appeals, etc.)

LEARNING ACTIVITIES:

This course is comprised of instructor led discussions, written assignments, submissions, and exams. Students are encouraged to contribute to the discussions with their own knowledge and experiences. Reinforcement of learning is accomplished through course and/or chapter objectives and quizzes for each lesson. Written assignments provide students with the opportunity to sharpen their analytical and writing skills. Direct communication occurs between students and instructor through the classroom setting, e-mail, message board, chat rooms, or phone. Attendance at the live chat is not mandatory, but it has been found to be enjoyable by the students and a great way to interact with the professor and classmates.

POLICIES AND PROCEDURES:

Exams and projects are graded on a scale of 100 with 73 or above being satisfactory or at the 2.0 GPA level. An academic average of 63% is required in order to receive credit for the course. Students are encouraged to be in class weekly and class participation is weighted in the final grade computation. It is the student’s responsibility to complete the material covered if lessons are missed and to see that all missed lessons are made up in compliance with the College guidelines. Make-up work undertaken to complete a course after the course has ended may sometimes satisfy grading criteria. A total of 100 points is available for this course, as follows:

Course Grading

Message Board Participation Seminar Participation Overall Participation Quizzes Mandatory Project Part I Examination Part II Examination

4 points 3 points 5 points 13 points 15 points 25 points 35 points

Class expectations for message board postings and seminar participation: The expectation for student messages on the message board and in the seminar are that the messages will reflect a solid understanding of the materials. The message should contain an analysis of the issues involved in the posted discussion questions. In order to perform this analysis, the student will have read and reviewed all of the materials for the week. They will have reviewed the posted questions and postulated answers as well as follow up questions. Students should post messages that demonstrate that they have analyzed the information covered in connection with the discussion questions to come to logical conclusions.

Postings to the message board must be complete by the end of the lesson week. (Sunday, midnight, EDT.) Postings after that time will impact the overall participation grade but will not affect the message board grade for that week.

Seminars begin at __:00 EDT. Those turning in assignments late or failing to turn in assignments may have a reduction in their grade. Those who arrive at 12:30 pm EDT or later will be required to submit the alternative assignment to receive full credit.

Written Assignments, Message Board Participation, Seminar Participation and your Overall Participation grade will be graded in the following manner on a weekly basis and is a required element of the course:

Points

Participation Grading Rubric

0	Student failed to post any messages either on the message board or in the seminar.

1	Student posted brief messages to either the message board and/or the seminar, however they did not meet posted class expectations. These messages did not add to the substantive discussion of the topics for that lesson.

2	Student added more detail to the messages posted on the message board or the seminar discussion, but not both. They identified important issues or concepts but failed to provide substantial original contribution in both settings.

3	Students were able to make a substantial, original contribution to the message board and the seminar discussion by identifying important issues or concepts but did not provide evidence of original analysis of the discussion questions.

4	Student's work met the posted expectations for student work. Student provided evidence of original analysis of the discussion question on the message board and in the seminar discussion.

Late policy: To earn full credit for an assignment, students are required to submit the assignment by midnight on Sunday (EDT), the last day of the lesson in which the assignment was posted. Students may submit an assignment up to two weeks after the close of the lesson in which the assignment was given. However, five points will be deducted for those assignments coming in 1 – 4 days late; ten points will be deducted for those assignments coming in 5 – 7 days late, fifteen points will be deducted for those assignments coming in 8 – 14 days late.

Online Attendance/Tardiness Policy
(Effective July 15, 2002)

Canyon College Distance Education courses have both synchronous and asynchronous requirements. Synchronous (or real-time) learning experiences called “Seminars” happen at the same time for all students in a section. Asynchronous learning experiences happen throughout the course and do not require student participation at a scheduled time. The specific requirements for attendance are the following:

1. Students are required to attend class a minimum of two calendar days per week for each 2 or 4-credit course and a minimum of 3 calendar days per week for each 6-credit course by logging on to the course site. Courses are presented in weekly lessons. The weekly attendance period begins Mondays at 12:00a.m. EST and ends on Sundays at 11:59pm EST.

2. Students who are absent from classes 21 consecutive calendar days (excluding scheduled breaks) will be administratively withdrawn from the program.

3. Synchronous Seminars are an integral part of the learning experience. Lack of an appropriate level of course participation may affect the course grade. Alternative assignments must be completed for absences in synchronous Seminars according to the instructor’s syllabus.

4. Students dismissed due to non-attendance must apply for readmission by following re-entry procedures.

5. Students may appeal to the academic dean if they feel an error has been made in their attendance calculation.

6. Tardiness is a disruption to good learning environments and is discouraged. Students in attendance less that 50 percent of any scheduled class may be considered absent for that class.

Academic Dishonesty and Plagiarism
(Effective April 15, 2002)

All academic assignments are to be the work of the individual student. The following are examples of dishonesty, or unethical and unprofessional behavior:

• Plagiarism - Using another person’s words, ideas, or results without giving proper credit to that person, giving the impression that it is a student’s own work
• Any form of cheating on examinations
• Altering academic or clinical records
• Falsifying information for any assignment
• Partly or wholly completing an assignment for another student or submitting assignments partially or wholly completed by another student.

Charges of academic dishonesty brought against a student shall be made in writing by the faculty member and submitted to the program chair or academic dean for investigation. Academic dishonesty is a serious offense and may result in the following sanctions:

Warning: written or verbal notice that any further misconduct may result in further disciplinary actions

Failure or forfeiture: loss of all or part of the credit for work conducted in association with academic dishonesty

Suspension: removal from the College for a determined period of time

Dismissal: permanent removal from the college

If you are going to properly use the ideas of another, you must do the following:

• Know the difference between paraphrasing and quoting.
• When paraphrasing, make sure it is not too close to the original AND credit paraphrases in the same manner you credit direct quotes.
• Put phrases, sentences, or paragraphs in quotation marks when copying a direct quote.
• Credit any source that you have used, either through paraphrasing or through direct quotes.
• To properly credit a source, you must identify the author, the publication title, date, publisher, place, and page number. For example:
• If you’re still unclear about when to attribute credit to an author, speak to your professor to help clarify this issue.

Review of drafts: If a student wishes to have their writing assignments reviewed, they must submit it by midnight, Sunday at the end of each Lesson. Only one draft can be submitted. Comments on the draft will be general and will cover grammar, format, style and content. Sample responses will not be available. Because students are able to have a draft reviewed, students will not be permitted to resubmit a final writing project for a better grade.

Office Hours: My office hours will be _______________________, from __pm to __ pm EDT.

You may contact me during those times via email or instant messenger. My user name is BBEskanos@aol.com, BBEskanos@yahoo.com, Bbeskanos@hotmail.com. If you wish to use this service, please sign up at www.aol.com, www.yahoo.com, or www.msn.com, and provide the class with your user name. If you try to contact me at any other time, I may not be able to talk to you at that moment. We hopefully can set up a time to discuss your questions or concerns.

COURSE OUTLINE:

PART I
Lesson 1

• Read the Syllabus.
• Introduce Yourself to Your Professor and Classmates.
• Read Chapters 1-4, pp. 2-64

WRITING ASSIGNMENT: Prepare and submit a written legal brief of Jones v. City of Prairie City, pp. 59-61.

• Attend Seminar – Introduction to the Law. Students and professor will discuss how to write a legal brief; the court system, and mutual expectations.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 2

• Read Chapters 5-6, pp. 65-164

WRITING ASSIGNMENT: Prepare and submit a written legal memorandum analyzing the legal situation set forth in Exercise 6A on page 106. Do the exercise as outlined on page 106 (1) – (6).

• Attend Seminar – Legal Analysis. How to attack a legal problem.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 3

• Read Chapters 7-11 pp. 165-221.

WRITING ASSIGNMENT: Do Exercises 9A, 9B and 9C on pages 198-199.

• Attend Seminar – Writing the Basic Office Memorandum and How to Spot Legal Issues.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 4

• Read Chapters 12-14, pp. 222-269

WRITING ASSIGNMENT: Go to the web site, www.Findlaw.com, and familiarize yourself with that site. Review the site and figure out how to find the statutes and case law for your state. Research the statutory law on “Adverse Possession” of real property in your state. Prepare and submit a written legal memorandum analyzing the following factual situation. If you need more information, you should prepare a list of questions for the client.

A friend of your lives in a remote part of the city near an old vacant lot. He tells you that no one has been using the lot for as long as he can remember. He wants to erect a commercial building and start using the lot to store and repair his cars. He placed a fence around the property about seven years back and used it to store some old parts that he no longer needed. When people in the neighborhood asked who owned the property, he always said that it was his. In fact, he put his business sign on the property, and a no trespassing sign on the property when he erected the fence. When the tax bill came to the property, he always paid it, since it was less than a hundred bucks a year. He would like to put the property in his name. What, if anything else, does he need to do? What do you need to do to get the property in his name by means of adverse possession?

• Attend Seminar – Integrating Legal Research Into the Analytical Process; More Complicated Memorandum.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Preparation for Part I Examination

Study for the examination over Part I of Legal Writing, A Systematic Approach.

Complete the examination over Part I of Paralegalism Today and submit it to Canyon College.

DO MID-TERM EXAMINATION:

Mid Term Examination: Think Paper: Prepare a paper that is no less than 3 pages, double spaced on any topic covered in the first half of the text, or the live discussions. Be sure to cover why you found the information interesting; what you found interesting about the topic; what you would change about the existing law (if applicable); etc. I am not interested in having the student regurgitate the law, but, more importantly, what you find interesting about the law.

PART II – LEGAL WRITING: A SYSTEMATIC APPROACH
Lesson 5

• Read Chapters 15-16, pp. 251-269.

WRITING ASSIGNMENT: Prepare and submit a written brief to the trial court on the issue of whether or not your client has committed trespass to land. Your client is claiming adverse possession as set forth in the factual brief you prepared in Lesson 4. You are preparing for trial, and want to prove to the court that the cross complaint for trespass to land filed by the opposing party should be dismissed.

• Attend Seminar – Preparing for Trial – Pre-trial Motions, Briefs, Legal Research.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 6

• Read Chapters 17-21, pp.270-335.

WRITING ASSIGNMENT: Prepare and submit a persuasive series of paragraph headings on the following issues: The court found in favor of your client on the cross-complaint, and ruled that the property was properly your clients. However, the court wrongfully refused to issue a deed in favor of your client. The court also ruled that your client was guilty of trespass to land originally, and should not be able to steal the property without paying for it. The court gave your client ten days to come up with a fair purchase price for the property. Your client has asked you to appeal the court’s decision, and have the appellate court put the property in your clients’ name.

• Attend Seminar – Appellate Advocacy. Writing a Compelling Brief.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 7

• Read Chapter 22, pp. 336-387.

WRITING ASSIGNMENT: Prepare and submit your opening statement for an oral argument before the appellate court.

• Attend Seminar – Oral Advocacy.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 8

• Go to http://www.courtinfo.ca.gov/forms
  Look over the legal forms for Summons, Complaint, Answer, Interrogatories, Request for Admissions in a civil case and family law case.

WRITING ASSIGNMENT: Prepare and submit a written complaint based on the format set forth in the judicial council forms. You can either fill in the forms, or, type up a long form complaint using the same language. If you have time, you should also prepare judicial council form interrogatories relating to the same adverse possession case.

• Attend Seminar – Fill In The Blank Litigation.

Those unable to attend the live discussion:

Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Preparation for Part II Examination

Study for the examination over Part II.

Complete the final examination over Part II of Legal Writing: A Systematic Approach and submit it to Canyon College for grading.

Do Final Examination: Prepare a long form Summons suing a defendant for breach of an automobile purchase agreement. Your client was going to purchase a car for the sum of $4,500. The Defendant sold the car to another person for $5,000 after he had signed a written agreement to sell the car to your client. The Plaintiff’s name is Peter Plaintiff. The Defendant’s name is Dan Defendo. The Law firm you work for is Dewey, Cheatham and Howe. You are the attorney for the Plaintiff. The court is a Municipal Court or Justice Court, depending on the state where you reside. The contract was entered into on June 1st, 2002. The Defendant and Plaintiff both reside in the same county. The contract was entered into in the same county. The Defendant sold the car to the third party in the same county.

Points System

Canyon College instructors use a numeric grading scale when evaluating quizzes, projects, exams, essays, and final grades:

A A- B+ B B- C+ C C- D+ D DA F AU CC EC TC I R P S U W WF WP

4.0 3.7 3.3 3.0 2.7 2.3 2.0 1.7 1.3 1.0 1.0 .0 Audit Clep Credit Experiential Credit Transfer Credit Incomplete Repeat Pass Satisfactory Unsatisfactory Withdraw Withdraw Failing Withdraw Passing