Legal Research & Writing M

Course: Legal Research and Writing   
1st Nine Weeks2nd Nine Weeks3rd Nine Weeks4th Nine Weeks
Unit/Cluster(s):Unit/Cluster(s):Unit/Cluster(s):Unit/Cluster(s):

Unit: 1 Introduction to Law (3 weeks)

-explain the basic concepts of a civil law legal system

-explain the basic concepts of a common law legal system

-explain the basic concepts of a criminal law legal system

-list and describe three major philosophical theories of law

-explain the purpose of substantive laws

-explain the purpose of procedural laws

Unit: 2 Introduction to Legal Research, Writing and Analysis (3 Weeks)

-identify the employment opportunities of a legal researcher and opportunities that come after graduating law school and passing the bar exam

-describe the role of a legal researcher

-explain the effect of federalism on legal publications 

-describe the sources of U.S. law

-explain the difference between a primary and a secondary source of a law

-identify the four core parts to legal writing/IRAC

-create a research checklist: binding, non-binding/persuasive

Unit: 3 Finding and Analyzing Case Law

(3 Weeks)

-list where case law may be located

 

-explain the purpose of case law

 

-explain the elements of a case law citation

 

-list the print publications containing U.S. Supreme Court case law

 

-explain the differences between the official publication of the U.S. Supreme Court case law and the unofficial publications of the same material

 

-list other federal reporters

 

-explain the purpose of a regional reporter

 

-list and define the components of a case

 

-compare and contrast the facts of a reported case with a client’s factual situation

Unit: 4 Analyzing Facts and Identifying Legal Issues

(4 Weeks)

-state and describe the three basic factual categories

 

-explain how to compare case law facts with a client’s factual situation

 

-describe how to identify legal issues in a client’s factual situation

       -analyze the facts of a client’s case & identify basic legal issues (Welch Family Law Matter)

 

-describe how to identify legal issues in a reported case law decision

 

-formulate and articulate a legal issue from a set of facts

 

Unit: 5 Conducting Research Independently & Identifying Authority

(3 Weeks)

-familiarize use of Westlaw or Lexis Nexis online database

 

-identify the parts to a U.S. case law citation

 

-identify the parts to a state case law citation 

 

-identify the parts to a U.S. Constitution citation

 

-identify the parts to a U.S. Code citation 

 

Unit: 6 Reading & Summarizing Case Law Decisions 

(2 Weeks)

-explain the purpose of a case brief

 

-list/describe the components of a case brief

 

-identify judicial history/procedural history

 

-identify concurrences and dissenting opinions 

 

-distinguish relevant from irrelevant facts of  a case

Unit: 7 Statutory & Constitutional Analysis

(6 Weeks)

-describe the various parts of the U.S. Constitution 

 

-explain the relevance of the concept of federalism to constitutional analysis 

 

-determine whether the U.S. Constitution or a state constitution applies to a factual situation arising under state law

 

-explain why it is helpful to outline statutory language 

 

-discuss the importance of reviewing case law that interprets code provisions

 

-explain how legislative history affects statutory interpretation

 

-list the four steps used in the IRAC approach to analyze statutory law

 

-analyze a code section by identifying and outlining the statutory requirements/elements 

 

-identify the free exercise clause, establishment clause, due process clause, and equal protection clause in the U.S. Constitution

 

-critique cases related to current legal issues 

 

-first amendment and free exercise clause

 

-first amendment and establishment clause 

 

-first amendment and due process clause

 

-first amendment and equal protection clause

 

Unit: 8 Memorandum of Law: Predictive Legal Writing

(3 Weeks)

-Explain the purpose of a legal memorandum

 

-describe the format for a memorandum of law

 

-explain the components of a memorandum of law

 

-explain the purpose of each component of a memorandum of law

 

-write a predictive office memorandum

Unit: 9 Demand Letters 

(3 Weeks)

-identify relevant facts and legal issue 

-identify appropriate law addressing legal issue

-state all facts upon which demand is based

-explain relevant law

-explain how the law applies to the given facts

-use of active voice that is solution oriented

Unit: 10 Moot Court Simulation

(6 Weeks) 

-research case law on assigned legal issue

-read appellant, respondent, and amici briefs with chosen case

-identify who is the petitioner/appellant and the respondent/appellee

-write an appellate brief: Table of Contents, Table of Authorities, Statement of Facts, Statement of the Case, Issues or Questions Presented, Argument, Conclusion

-prepare oral argument and respond to questions during presentation of argument

Required Project: 

 

Order of Authority Project

Required Project: 

 

Closed Predictive Memorandum: Injurious Speech

Required Project: 

 

Predictive Memorandum: Is U Shop Mall liable to Victoria for negligence?

Required Project: 

 

Appellate Brief Preparation & Moot Court

Additional Activities: Active Voice Activity, Case Studies- Marbury v. MadisonAdditional Activities: Case studies- Holt v. Hobbs, Lemon v. Kurtzman, Kyllo v. United States, Arizona v. Hicks, Gideon v. Wainwright case brief, Comparison of Justin Myers case in Chapter 3 with Arizona v. HicksAdditional Activities: Case Studies-  Perry v. New Hampshire

Additional Activities: 

 

          Demand Letter

Employability Skills:   

Employability Skills:

 

Reading Comprehension, Deductive Reasoning

Employability Skills:

 

Teamwork-Problem Solving

Employability Skills:

 

Analytical Skills

Employability Skills:

 

Advocacy Skills