APPELLATE ADVOCACY
LAW 5792 | SPRING 2018
2 CREDIT HOURS
It is anticipated that you will spend approximately two hours out of class reading and/or preparing for in class assignments for every one hour in class.
CLASS LOCATION: HOLLAND HALL 355C
MONDAYS AND WEDNESDAYS, 3 PM – 3:50 PM
INSTRUCTOR: Stacey Steinberg | My office: HOL 370A | [email protected]
STUDENT HOURS:
Mondays and Wednesdays from 3:50 PM – 4:50 PM and by appointment. If you need a different time, please don’t hesitate to ask and I will do my best to accommodate your schedule. I will hold extended office hours during the weeks before assignments are due. This will ensure that all students wanting to meet can do so.
Please keep in touch with me! I respond to emails quickly. Please contact me if you have any questions regarding the course or a specific assignment.
COURSE WEBSITE: http://elearning.ufl.edu/ Please join our class page prior to the first class. You are responsible for reviewing the page for course updates.
REQUIRED TEXT:
Rambo and Pflaum, Legal Writing by Design (2013) The Bluebook: A Uniform System of Citation (20th ed.)
COURSE DESCRIPTION:
Second half of a two-part course, both required for graduation. Includes emphasis on written legal analysis and preparation of predictive legal memoranda.
Page 1 of 10 COURSE OBJECTIVE AND GOALS:
The primary objective of this course is to teach you how to construct a thorough legal argument and express it effectively and persuasively in writing. An additional objective is to teach you how to perform effectively in presenting oral argument in support of your legal position.
LEARNING OUTCOMES:
Upon completion of this course, you should be able to
· Apply a lawyer’s ethical and professional standards in the context of written and oral advocacy.
. Demonstrate an understanding of the basic appellate process and fundamental appellate concepts, including the decision to appeal.
· Demonstrate an understanding of appellate standards of review of trial court decisions.
· Use effective techniques of persuasion.
· Develop a theme and integrate that theme into your argument.
· Frame a legal issue to persuade a court to rule in your favor.
· Present a compelling account of all relevant facts.
· Write a persuasive argument, supported by credibility, logic, the law, and a commanding narrative.
· Use effective organizational techniques.
· Demonstrate an understanding of the importance of adhering to appellate procedural rules and formatting requirements for submitting appellate briefs to a court.
· Edit and proofread a persuasive legal document.
· Prepare and effectively present an oral argument in support of your legal position.
COURSE POLICIES:
Page 2 of 10 ATTENDANCE POLICY:
Teaching Assistants will take roll during each class period. You are permitted to miss four class periods without penalty. Missing more than six classes will result in a failing grade in the course.
Excessive tardiness will also result in a grade penalty. QUIZ/EXAM POLICY:
There may be “pop quizzes” over the course of the semester. These scores will be considered as part of your participation grade.
GROUP WORK AND ASSIGNMENT POLICIES:
During the semester, our class will be divided into small groups of approximately six students working with one teaching assistant. We will utilize these groups for in-class activities including writing labs, case discussions, and other teambuilding activities. Your teaching assistant will also assist out of class with assignments.
TAs are available to help you understand the materials and will guide you through the writing process. I encourage you to get to know your TA and speak with him or her regularly.
Class Participation
Participation grades are based on class preparation, class participation, successful completion of all assignments, and active participation in small group discussions.
Late Policy
Late assignments will result in your grade will be lowered by one grade increment per day. An assignment will not be accepted if it is more than three days late.
Professionalism
I will run our classroom like a law office. Students are the new associate; TAs are the senior associate; and I am the law partner. I expect professionalism.
Each assignment is important. I expect you to write, revise, proofread, and then proofread again.
Class sessions may not be recorded without my express permission.
Page 3 of 10 Plagiarism
All work in this class must be your own. You may discuss cases and ideas; however, you may only show your written work product to me and your TA.
Plagiarism is a very serious offense. There are detailed policies regarding what constitutes plagiarism in your student handbook. Ignorance of the policies is not a defense to a charge of plagiarism.
Student Conferences
No conferences will be held within the 24 hours prior to an assignment due date.
COMPUTER POLICY:
Electronic devices (laptops, tablets, cell phones) must remain stowed away during class time. Please plan to take notes with paper and pen/pencil.
UF POLICIES:
UNIVERSITY POLICY ON ACCOMMODATING STUDENTS WITH DISABILITIES:
Students requesting accommodation for disabilities must first register with the Dean of Students Office ( http :// www . ds o . ufl . edu / drc /). The Dean of Students Office will provide documentation to the student who must then provide this documentation to the instructor when requesting accommodation. You must submit this documentation prior to submitting assignments or taking the quizzes or exams. Accommodations are not retroactive, therefore, students should contact the office as soon as possible in the term for which they are seeking accommodations.
UNIVERSITY POLICY ON ACADEMIC MISCONDUCT:
Academic honesty and integrity are fundamental values of the University community. Students should be sure that they understand the UF Student Honor Code at http :// www . dso . ufl . edu / students .php.
NETIQUETTE: COMMUNICATION COURTESY:
All members of the class are expected to follow rules of common courtesy in all email messages, threaded discussions and chats. [Describe what is expected and what will occur as a result of improper behavior] http://teach.ufl.edu/docs/NetiquetteGuideforOnlineCourses.pdf
Page 4 of 10 GETTING HELP:
For issues with technical difficulties for E-learning in Sakai, please contact the UF Help Desk at:
● Learning - support @ ufl .edu
● (352) 392-HELP - select option 2
● https :// lss . at . ufl . edu / help .shtml
** Any requests for make-ups due to technical issues MUST be accompanied by the ticket number received from LSS when the problem was reported to them. The ticket number will document the time and date of the problem. You MUST e-mail your instructor within 24 hours of the technical difficulty if you wish to request a make-up.
Other resources are available at http :// www . distance . ufl . edu / getting - help for:
Counseling and Wellness resources
Disability resources
Resources for handling student concerns and complaints
Library Help Desk support
Should you have any complaints with your experience in this course please visit http://www.distance.ufl.edu/student-complaints to submit a complaint.
GRADING/COURSE POLICIES:
30% Participation (includes successful and timely completion of all assignments, drafts, oral arguments, and in-class exercises) 70% Final Appellate Brief
GRADING SCALE:
Grades are recorded permanently by the Office of the University Registrar. The grade point average (GPA) is determined by computing the ratio of grade points of semester hours of work attempted in courses in which letter grades are assigned. Students receive grade points according to the following scale:
Grade Points
Page 5 of 10 A (Excellent) 4.0 A- 3.67 B+ 3.33 B (Good) 3.0 B- 2.67 C + 2.33 C (Satisfactory) 2.0 C- 1.67 D+ 1.33 D (Poor) 1.0 D- 0.67 E (Failure) 0.0
COURSE SCHEDULE (SUBJECT TO CHANGE):
January 8
Topic: Anatomy of a Brief/Course Overview
Reading Assignment: Pflaum & Rambo (“Text”) chapter 13 and Syllabus.
January 10
Topic: Public Speaking; Overview of Appellate Problem
Reading Assignment: Public Speaking Assignment Handout; Record on Appeal and authorities 1, 3-6, Case Questions
January 15
No Class – Martin Luther King Day
January 17
Topic: Determining the Issues on Appeal
Reading Assignment: Text Ch. 16, authorities 4-5, 7, 8 and 11-12, and Harassment Liability Chart
January 22
Topic: Developing Your Theory of the Case, Statement of the Case and Facts
Page 6 of 10 Reading Assignment: Text chapter 15, authorities 9 & 10
January 24
Topic: Persuasive Writing
Reading Assignment: Text chapter 29 & 31, authorities 14-16
January 29
Persuasive Presentations
January 31
Topic: Argument Headings, Question Presented, Other Parts of Your Brief
Reading Assignment: Text chapters 17-18 & 21
February 2 (Friday)
Maquire Moot Court Competition in the Advocacy Center Courtroom (time TBA; approximately two hours long)
February 5
Topic: Effective Argument Structure, Rule Explanation
Reading Assignment: Reread text chapters 6 & 7 (previously assigned in LW), chapter 20
February 7
Advocacy in the Courtroom
Tentative Guest Speaker – Joshua Silverman
Assignment Due: Statement of Facts, Caption Page, Table of Contents, Table of Authorities and Question Presented
February 12
Topic: Rule Application, Opponent’s Arguments, Introduction to Settlement Conferences
Reading Assignment: Instructions for Settlement Conferences
February 14
Page 7 of 10 Guest Speaker – Holly Sprinkle, MS Instructional Design, MA English
Writing for Clarity and Purpose
February 19
Topic: Settlement Conferences Rooms TBA
February 21
Topic: Introduction to Oral Arguments, Citations
Reading Assignment: Text chapter 22 & 23
February 26
Topic: Mini Oral Arguments (Room number TBA; five-minute oral arguments presented to your TA during class time or during alternate time arranged with your TA)
February 28
Persuasive Presentations
Assignment Due: Draft of the Argument
March 5 – March 9
Spring Break
March 12
Topic: Oral Argument Demonstration
Page 8 of 10 Approx. March 13 -24 Practice Oral Arguments (no class March 14 th )
Schedule to be announced prior to spring break. This is a dress rehearsal. Courtroom attire is required. You will be required to present your oral argument on ONE night during this time.
March 19
A View from the Bench
Tentative Guest Speaker – The Honorable Donna Keim
March 21
Topic: Remaining Sections of the Brief
Reading Assignment: Text chapter 19, Re-read chapter 21
March 26
TBA
March 28
Preparing for Final Oral Arguments, Q & A
April 2 -13 Final Oral Arguments
Schedule to be announced in mid-March. Courtroom attire is required. You will be required to present your oral argument on ONE night during this time.
April 2
Writing Conferences. I will offer extended office hours this week. Please sign up for an appointment come with specific questions.
April 4
Writing Conferences. I will offer extended office hours during these two weeks. Please sign up for an appointment come with specific questions.
Page 9 of 10 April 9
Writing Conferences. I will offer extended office hours during these two weeks. Please sign up for an appointment come with specific questions.
April 11
Topic: Citation Review
Bring your Bluebook!
April 16
Q & A on final brief
April 18
Final Brief Due (email to both your TA and myself). Please also submit a hard copy to my office.
This syllabus represents my current plans and objectives. As we go through the semester, those plans may need to change to enhance the class learning opportunity. Such changes, communicated clearly, are not unusual and should be expected.
Page 10 of 10