CD 601 - Introduction to Graduate Studies s2

CJ 423-101: Advanced Legal Research & Writing Fall, 2008 Monday, 4:00 – 6:20 pm SH 416

Instructor: Margaret Phipps (“Peggy”) Brown Office: SH 735 Phone: 304-696-3086 Home Phone: 304-529-3423 E-Mail: [email protected] Web Page: http://www.marshall.edu/criminal-justice/faculty/brown.htm Office Hours: 1:00-2:00 pm MW; 1:00-4:00 pm TR

Course Description Gives the student additional experience in legal research and introduces the skills required in drafting legal documents. 3 credits.

Prerequisites LAS 212 - Legal Research and Writing II - or permission

Required Text, Additional Reading, and Other Materials Charrow, Erhardt, & Charrow. (2007). Clear and Effective Legal Writing, 4th ed. Austin: Wolters Kluwer Law & Business.

The Harvard Law Review Association. (2005). The Bluebook: A Uniform System of Citation, 18th ed. (2005), Cambridge, MA: Author.

Computer Requirements A student must have a computer or access to one. The computer must have a word processing program with spelling and grammar checking features. The student and computer also must have access to the Internet and be able to send and receive Email messages. If you are using an Email Account other than your Marshall Email Account, you must set your Marshall Email Account to forward to that Account. Class related materials are sent to your Marshall Email Account.

To set your Marshall Email Account to Forward to your Off Campus Account, go to the following location http://web.marshall.edu/computing/emaildelivery/ . Program’s Student Learning Outcomes Upon completion of the BA degree in Criminal Justice, students will be able to:  Describe and apply basic criminal justice information and concepts  Demonstrate critical thinking and problem solving skills relevant to criminal justice  Use appropriate social science and/or legal research and skills and resources to complete original research in criminal justice  Effectively communicate in both oral and written formats using discipline- appropriate vocabulary and dialogue  Recognize and apply ethical principles of the discipline in regard to research, use of sources, collaboration with colleagues, and principled decision/policy making  Successfully enter into discipline-appropriate employment as a professional in criminal justice or, if desired, continue education in graduate and/or law school  Demonstrate comprehension of discipline-appropriate technology, including computer hardware and software

Course Student Learning Outcomes and Assessment Measures

Upon completion of this course, Each student learning outcome will be students will be able to assessed in the following manner: Demonstrate knowledge of legal research,  Homework assignments relating to including legal research resources and legal research strategies of legal research  Demonstration of effective legal research in appellate brief Recognize and understand various  Intraoffice memorandum (objective types of legal instruments used in legal writing) objective and persuasive legal  Appellate brief (persuasive legal writing, including intraoffice writing) memoranda; interoffice  Textbook reading and class work on memoranda; trial briefs; points and other forms of legal instruments authorities; and appellate briefs Understand with the process of  Intraoffice memorandum formal legal writing  Appellate brief  Homework exercises from textbook appendix Utilize effective organization and  Intraoffice memorandum writing skills in legal documents  Appellate brief Demonstrate critical thinking skills  Analysis and discussion of problem and problem solving skills assigned for intraoffice memorandum and appellate brief 3 Course Requirements and Grading Writing Assignments Informal writing assignments will be given periodically to strengthen students’ understanding of writing as a process and how to use proper writing style and Blue Book citation method. Assignments may be in-class (there will be no make-up for missed in-class work) or in the form of homework assignments. Homework assignments in which students are asked to submit written drafts or other work (not associated with the appendix of the textbook) should be typed, with standard margins, a 12 font size, and page numbers if appropriate. Late assignments will not be accepted.

Students will submit two formal writing assignments: the intraoffice memorandum and the appellate brief. These assignments should demonstrate critical thinking, a logical thought process, appropriate writing style, and Blue Book citation form appropriate to the assignment. They must be typed, with 1” margins in Times New Roman 12 point font. Pages must be numbered appropriately. LATE ASSIGNMENTS WILL NOT BE ACCEPTED.

Students must receive a grade of C or better on the appellate brief to pass the Criminal Justice Department’s writing requirement. Students who receive lower than a C will need to resubmit the paper to meet the department’s writing requirement. Criminal Justice majors must pass the writing requirement to graduate. Legal Studies students must pass the course to graduate. It is possible for students to pass the course, but fail the writing requirement or to fail the course and pass the writing requirement.

MEMORANDUM For purposes of this class, your intraoffice memorandum will follow the format below. See Chapter 7 of your text for further explanation.

I. Heading A. To: B. From: C. RE: D. Date: II. Introduction: A brief statement of the purpose of the document III. Statement of the Facts IV. Question(s) Presented V. Short Answer(s) or Conclusion(s) VI. Applicable Statutes VII. Discussion VIII. Conclusion

Your grade on the intraoffice memo will be based on the following criteria: 4 Analysis (50%):  whether your final product reflects sound, logical analysis of the problem(s) identified  whether the analysis includes anticipating counter arguments  whether each of the steps in your analysis is included in your writing

Writing (50%):  writing style is appropriate to appellate level advocacy  paper is generally well written (i.e., with appropriate grammar, to include subject/verb agreement, avoiding long, complex sentences, absence of serious grammatical errors)  incorporates all steps of the analysis

The final grade on the memo will be a combination of the grades on each of the two major components.

APPELLATE BRIEF For purposes of this class, your appellate brief will follow the format below. See Chapter 15 of your text for an explanation of these components.

I. Cover page II. Table of Contents (your issue(s) will be set out on this page, under the section for argument) III. Table of Authorities (your citations must be in Bluebook style) A. Cases B. Constitution and Statutes C. Other Authorities IV. Question(s) Presented (in WV, these are called Assignments of Error) V. Statement of the Facts VI. Statement of the Case (this may be combined with the Statement of the Facts) VII. Argument A. Summary B. Analysis of each issue, one at a time, citing appropriate authority VIII. Conclusion IX. Appendix (if any)

Your grade on the appellate brief will be based on the following criteria:

RESEARCH (30%):  quality and quantity of sources  citation - both internal citation and table of authorities  use of sources to persuade the reader

ANALYSIS (35%):  whether your final product reflects sound, logical analysis of the problem(s) identified  whether the analysis includes anticipating counter arguments  whether each of the steps in your analysis is included in your writing 5

WRITING (35%):  writing style is appropriate to appellate level advocacy  paper is generally well written (i.e., with appropriate grammar, to include subject/verb agreement, avoiding long, complex sentences, absence of serious grammatical errors)  incorporates all steps of the analysis

The final grade on the appellate brief will be a combination of the grades on each of the three major components. Your writing requirement grade (pass or not pass) depends upon your final grade. If your final grade is a C or above, you will pass the writing requirement. If your final grade is below a C, you will not pass the writing requirement.

Grades Interoffice Memorandum - 100 points 90-100% = A Appellate Brief - 200 points 80-89% = B Homework/In-Class Assignments - 150 points 70-79% = C Exam - 100 points 60-69% = D Below 60% = F

Once assignments/exams are returned to students, it is the responsibility of the students to maintain those documents in case there is a discrepancy between my grade book and your actual grade. Please maintain your graded papers until you receive your final grade.

Attendance Policy 1. A student should recognize that one of the most important aspects of a college education is classroom attendance and participation. The value of this part of the academic experience cannot be fully measured by testing procedures. You must attend all classes, except where noted. 2. Absences such as those resulting from illness, death in the family, or institutional activities (those approved by the academic deans, such as debate, artistic performances, and athletics) are to be excused when a student reports and verifies them to the instructor. For such excused absences, the student should not be penalized (MU Undergraduate Catalog). 3. When students attend classes, they are in a position to make significant contributions to their learning experiences and the learning experiences of other students by asking relevant questions, making pertinent observations, and sharing information. When a student misses class, the student and the class both suffer from a missed opportunity to exchange information and promote the learning process. Students should attend and participate in class. 4. Students will be held accountable for all requirements and information covered in all classes, whether or not they attend. If it becomes necessary to give quizzes to spur attendance or learning, quizzes may be given and their results applied to any test scores. 6 5. Any materials are due in class on the day stated. If papers or any precursors for papers are late, a student's grade will be reduced by one letter grade per day. The reductions will begin one minute after the class ends at which the assignment was due, and deductions will continue to accrue thereafter at the same rate at the same time each day until such time as the assignment is submitted to the instructor. 6. NO MAKE-UP QUIZZES, EXAMINATIONS, OR PROJECTS (PAPERS) WILL BE ACCEPTED FOR UNEXCUSED ABSENCES. 7. The Criminal Justice Department is not a print shop. If you are having trouble with your printer, you may email the assignment to me as proof that you have completed the assignment. At that point, no changes can be made to the assignment; to make changes would be academic dishonesty. You must print out the paper and bring it to me at the next class period. Be careful what you title your attachments because the spam blocker could block your message. If you do not get a reply from me about your paper, I probably didn’t get it. It is your responsibility to make sure I receive it. 8. Phone Behavior (Cell Phones, Pagers, etc.) Turn them off when you get to class. If it goes off, you can be penalized 25 points per occurrence. If you have an emergency situation, let me know and set by the door. When your phone vibrates go into the hall to answer it. No texting in class will be permitted. If you do so, you can be penalized 25 points per occurrence. Also, you should not check to see who is calling or texting you. Such behavior is disruptive to the class and will be treated as if you answered the phone, 25 points per occurrence. 9. Computers in class are OK if you are taking notes. If you are emailing, or using the computer for non-class related surfing, your behavior will be counted as phone behavior, see number 8. 10. Classroom demeanor. Civility in class is expected. You must respect the opinions and rights of other students and allow them to participate in class. Be active in discussions, but do not hog them or blurt out answers all the time. Everyone should have a chance to participate in class. 11. Stupid questions are questions that are not asked. Questions that are asked are not stupid questions and will not be treated as such. If you have a question on class material, ask it. Ignorance means you are unaware of an answer, stupidity means you are incapable of understanding or knowing. If you don’t understand something, ask. I doubt that you are incapable of learning the material. Don’t let ignorance become stupidity, ask in class, by email, or come to my office. 12. Answer questions during discussions. If you are wrong, I’ll let you know as gently as possible. I won’t make fun of your answer or you. However, make a true effort to answer the question. If you are just trying to be the center of attention and hog the discussions, I’ll let you know before the next class that you are over the top. 7 Classroom Civility 1. All students are expected to be in class on time (including exam days). 2. All pagers, wireless phones, electronic games, radios, tape or CD players, or other electronic devices must be turned off before students enter the classroom. This means no text messaging during class sessions or exams. 3. Individual conversations are not permitted. 4. Any questions that pertain to the syllabus, assignments, or grades should be asked before or after the lecture/discussion begins. Questions asked during the lecture must be relevant to the topic being discussed. 5. Respect different opinions and keep an open mind. 6. All students are expected to abide by the academic dishonesty policy. This means no cheating or plagiarizing! 7. Students are expected to speak one at a time. Do not be disruptive. 8. Working on other materials or homework during class time is considered disruptive not only to the instructor, but to classmates as well. 9. Do not use class time to catch up on your ZZZZZ’s. 10. No food or alcoholic beverages are permitted (non-alcoholic beverages are acceptable). 11. Students are prohibited from leaving the classroom once the lecture or discussion has started. Only in the case of an emergency can a student leave the room. If you need to leave class early for some reason, notify the instructor in advance. 12. Support your fellow classmates and reward each other with positive remarks/comments. This includes any editing remarks students may make when asked to review other students’ work.

Course Outline, including due dates for major projects : The following topics will be covered.

Week Subject Pages Aug. 25 Introduction Aug. 25 – Aug. 29: Late Registration (Undergraduate) Aug. 25 – Aug. 29: Schedule Adjustment Aug. 30 - Sept. 1: University Computer Services Unavailable Sept. 1 Labor Day: Classes Dismissed Sept. 2: “W” Withdrawal Period Begins Sept. 8 Chapter 1 - A Short History of Legal Language 3-14 Chapter 2 - Categories of Legal Writing 15-18 Chapter 3 - Sources of Law and Our System of Courts 19-26 Chapter 4 - The Litigation Process 27-42 Chapter 5 - Reading, Analyzing, and Briefing a Case 43-54 Chapter 6 - Synthesizing the Law from a Series of Cases 55-88 Chapter 13 - Writing an Intraoffice Memorandum 245-266 Due: Appendix Exercises Due: Case briefs for memorandum 385-404 8 Sept. 15 Chapter 7 - A Systematic Approach to Legal Writing 91-94 Chapter 8 - Understanding Your Context 95-140 Chapter 9 - Getting Organized 141-162 Due: Appendix Exercises 404-421 Due: Synthesis of case briefs for memorandum Sept. 19: Application for December Graduation Due in Academic Dean’s Office Sept. 22 Chapter 10 - Writing Clearly 163-202 Chapter 11 - Writing Effectively 203-224 Chapter 12 - Reviewing and Editing 225-241 Due: Appendix Exercises 421-448 Due: Facts and Issue(s) for Memorandum Sept. 26: Last Day to Drop 1st 8 Weeks Courses Sept. 29 Due: Memorandum (Final Draft) 217-231 Oct. 4: LSAT Oct. 6 Chapter 15 - Writing an Appellate Brief 281-383 Oct. 13 Oct. 14: Mid-semester, 1st 8 weeks Courses End 271-354 Oct 15: 2nd 8 Weeks Courses Begin Oct. 20 Due: Draft of Facts/Issues for Appellate Brief Oct. 20: Deadline for Submitting Freshmen Mid Term Grades Oct. 27 Research/In-Class Work Oct. 31: Last day to drop individual classes with W grade Nov. 3 Due: Outline of Discussion - Appellate Brief Due: Final Statement of Facts/Issues for Appellate Brief Due: Table of Authorities for Appellate Brief Nov. 3 – Dec. 9: Complete withdrawals only Nov. 10 In-Class Work Nov. 10 - Nov. 21: Advance Registration for Spring Semester for Currently Enrolled Students Nov. 14: Last Day to Drop 2nd 8 Weeks Courses Nov. 17 APPELLATE BRIEFS DUE - NO EXCEPTIONS Nov. 24 THANKSGIVING BREAK – CLASSES DISMISSED Nov. 24 – Dec. 16: Advance Registration for Spring Semester Open to All Admitted Students Nov. 24 – Nov. 29: Thanksgiving Break – Classes Dismissed Nov. 27 – Nov. 30: University Closed Nov. 27 – Nov. 30: University Computer Services Unavailable Dec. 1 In-Class Work Dec. 3 – Dec. 9: Dead Week Dec. 8 In-Class Work Dec. 9: Last Day of Classes Dec. 10: Study Day Dec. 15 12/15/08 @ 4:00 p.m.: FINAL EXAM

University Computing Services’ Acceptable Use Policy All students are responsible for knowing this policy, which can be found on the web at http://www.marshall.edu/ucs/CS/accptuse.asp .

Exam Policy and Make-ups 9 It is the student’s responsibility to notify the instructor if s/he is unable to take an examination. If a student fails to contact the instructor prior to the exam or if a student does not appear to take the exam, that student will receive a grade of zero for the exam. Those students who do contact me and have a legitimate excuse (including a family emergency/illness or pre-approved university sponsored activities), an alternative time to take the exam will be determined. The format of the make-up exam will be left to the instructor’s discretion. A student who is tardy on exam day will not be permitted to take the exam once the first student to complete the exam has left the classroom; the student who is tardy will not be permitted to take the exam or a make-up exam.

Academic Dishonesty Policy All students must be familiar with the university’s policy concerning academic dishonesty. Academic dishonesty includes cheating, fabrication and falsification of data or information, plagiarism, bribes/favors/threats, and complicity with any of these activities. Students who violate this policy face sanctions included in the Academic Dishonesty Policy, including lowering of a grade on an assignment, lowering of a final grade, or failing the course. This policy can be found on pp. 106 – 109 of the undergraduate catalog http://www.marshall.edu/catalog/undergraduate/ug_08- 09_published.pdf.

Policy for Students with Disabilities Marshall University is committed to equal opportunity in education for all students, including those with physical, learning and psychological disabilities. University policy states that it is the responsibility of students with disabilities to contact the Office of Disabled Student Services (DSS) in Prichard Hall 117, phone 304 696-2271 to provide documentation of their disability. Following this, the DSS Coordinator will send a letter to each of the student’s instructors outlining the academic accommodation he/she will need to ensure equality in classroom experiences, outside assignment, testing and grading. The instructor and student will meet to discuss how the accommodation(s) requested will be provided. For more information, please visit http://www.marshall.edu/disabled or contact Disabled Student Services Office at Prichard Hall 11, phone 304-696-2271.

Affirmative Action Policy This course will follow Marshall University’s policy on Affirmative Action, which can be found on p. 93 of the 2008-2009 undergraduate catalog http://www.marshall.edu/catalog/undergraduate/ug_08-09_published.pdf. Specifically, all students will be afforded equal opportunity without regard to race, color, sex, religion, age, disability, national origin, or sexual orientation.

Inclement Weather Policy Students can find information concerning Marshall’s policy regarding inclement weather on pp. 95-96 of the 2008-2009 undergraduate online catalog http://www.marshall.edu/catalog/undergraduate/ug_08-09_published.pdf .

Do NOT risk your personal safety to come to class. If the weather where you live is dangerous, please just let me know that you will not be able to make class. 10 Grade Inquiries Student materials will be returned as soon as graded to the student. If the student has a question about a grade on an assignment, the student must bring the assignment to the professor. No grade inquiries about specific assignments will be explored without the questioned assignment. It is the student's responsibility to keep their materials. Final examinations will be kept in my office for 30 days into the next semester. A student may pick up their final examination after grades are turned in for the semester until thirty days into the next semester. At that time, finals and all other material not claimed will be destroyed.