LEGAL SKILLS I: Analytical Legal Research and Writing
Fall 2003
Professors Linda Anderson, Judith Gire, Cindy
Landau, and
Barry Shanks (Analytical Research)
Professors Linda Anderson, Margaret Sova
McCabe, Sophie Sparrow,
Amy Vorenberg and Maricia Woodham (Analytical Writing)
COURSE DESCRIPTION AND HANDBOOK
In this course, we seek to teach you practical lawyering skills that
will help you become an effective attorney.
As a lawyer, you will regularly write to clients, lawyers, and
decision-makers. To practice
effectively, you must develop solid analytical, research and writing skills.
Our major goals are to have you:
1. Understand the basic sources of law and how
to access them;
2. Analyze legal issues;
3. Organize and present objective legal
analysis;
4. Research legal issues using a range of
technologies in a cost effective and efficient way;
5. Participate in the stages of the writing
process; and
6. Participate as a professional with classmates
and faculty.
You will develop your skills by
being involved weekly in the analytical, research and writing process. You will
work simultaneously on several assignments and use different texts. For example, one week you may be accessing
cases, preparing an outline of a memo, writing drafts of documents, and working
on legal citations. These regular assignments will allow you to practice the
skills of reasoning, researching, analyzing, organizing, revising and editing.
You will also work with your classmates to practice collaborative skills.
We
have designed assignments to build upon and complement each other. Throughout the semester, you will use the
same skills at higher levels.
Researching, analyzing and writing skills improve over time, and you
will build better skills if you stretch yourself with each assignment.
This
course is followed by Legal Skills II in the spring, in which you will continue
to build upon and practice the analytical, research and writing skills you work
on this fall.
LEGAL SKILLS I: Analytical Legal Research and Writing
HANDBOOK
TABLE OF CONTENTS
Course Expectations
.
3
Course Requirements.
..
3
Overall Timing of Legal Skills I
.
...3
Planning for the Fall Semester
...
..4
Assignments..
...5
Course Materials.
..
...5
Classes.
..
...7
Professionalism..
..
7
Individual
Conferences
..
..11
Reviewing Assignments ....
..
11
Written Work Requirements ...
..
11
Returning Assignments .....
..
13
Deadlines and Extensions .
..
13
Code of Student
Conduct: Plagiarism and Unauthorized Collaboration ...
..15
Students with Disabilities
..
.16
Grading ..
...17
Course Expectations
Our goal is to have you develop solid skills that will help you as
lawyers. Accordingly, we have high
expectations for your performance in class and on assignments. We have these expectations because we believe
you can do the work, and we will coach you through the process. We demand a lot from you because we seek to
prepare you as professionals. We seek to
work hard, have fun and have you learn as much about legal analysis, research
and writing as you can in a semester.
You must:
·
Attend and participate in classes as a
professional;
·
Attend two conferences with your legal
writing professor; and
·
Complete all assignments and exercises.
All written work must be turned in by
Overall Timing of Legal Skills I
In August/September the focus is on analysis, fundamental research tools and writing an objective memo. We provide direct instruction and give you lots of help during this initial phase. During your research classes, you will spend time in the library stacks and on-line to practice using the resources and tools essential to efficient legal research. In writing classes, you will work on outlining, organizing and analyzing the law and communicating your understanding to a legal reader. You will be given cases to write about for Memo 1. You will do no independent research for this memo. You will complete both a draft and a final. Only the final will be graded; the draft counts toward your professionalism grade.
In the next phase of the course, you will start to do independent research for Memo 2. This will overlap with your rewriting Memo 1 in the writing class. You will begin to research the topic for Memo 2, then write it. We will have individual conferences with each of you after you have written the first version of Memo 2. Your rewrite will be due afterwards. During this phase, we will continue to guide and direct you, but we will also expect you to be learning and applying skills on your own.
Starting in mid-November, you will begin to work more independently on the final phase of the course. During this time you will be expected to have mastered the research, writing, and analysis fundamentals and will work with little guidance to complete a research diary and Memo 3. You will also show how you use your research skills in the library and demonstrate these skills in a research practicum. The final written products, the research diary and Memo 3, are like take-home final exams: they count for a significant portion of your grade, and you are expected to complete them using the skills and knowledge you gained during the semester.
During these phases of the course, you will work on prewriting assignments, e.g. case matrices, outlines, drafts of written assignments, research assignments, writing about your learning, working with other students and preparing other materials as specified. Students learn how to write and research more effectively when they work on a series of assignments. Frequent practice, even if only with group feedback, allows you to practice skills, and learn more effectively. For us, seeing your work in its preliminary stages gives us a window on your thinking. We can then tailor our classes to where you are thriving and where you are struggling.
Planning for the Fall Semester
There are many assignments in this course; you will need to plan for them and for your other course work. Some of the Legal Skills assignments will be commented upon only minimally; others will receive more extensive feedback. Rather than give you large assignments infrequently, we have chosen to give more frequent shorter assignments. Studies of students learning the skills of analysis, research and writing show that students learn most when they practice more frequently. Specific directions will be provided for each assignment. In addition, there will be times when your professor requests you to complete work in class.
When planning, be aware that most writers, even professional writers,
find that writing always takes longer than they think. Most law students, new to legal writing, are
shocked at how much time it takes, especially at the beginning of the semester. They also noticeas do wehow much they
improve when they take three or more days to write an assignment rather than
doing it all the night before. To learn
effective skills, schedule writing and revising time for at least two days
before the assignment is due. Moreover,
there are other reasons to complete your assignments before they are due. Equipment fails, software crashes, Lexis and
Westlaw systems get backed-up, discs get eaten and life intervenes. This leaves you scrambling at the last
minute. If you put off completing your
assignment until shortly before it is due, you run the risk of one of these
logistical problems, and you may have to suffer the penalty.
Being a law student takes a lot of
time and energy. This is true for everyone. We are strict about our deadlines and their
consequences because it is unfair to allow some students to have extra time on
an assignment when their classmates have worked hard to complete it on time. You will help yourself learn more effectively
if you schedule time for classes, reading, TA sessions, study groups, exercise,
family, friends, and yourself.
We will list formal assignments on the syllabus and distribute additional
material in class and on class prep sheets.
We will give you directions for assignments and explain how we plan to
evaluate your work.
Legal
Skills assignments include:
1.
Being
prepared and attending class as a professional;
2.
Exercises
assigned in class;
3.
Research
worksheets;
4.
Research
practicum;
5.
Out-of-class
drafting and writing assignments;
6.
Research
Checklist 1 secondary authorities;
7.
Memo 1 (first
version and rewrite);
8.
Research
Checklist 2 - case access and validation;
9.
Memo 2 (first
version and rewrite);
10.
Memo 3;
and
11.
Research
diary.
All assignments must be submitted to pass the course. Failing to complete assignments on time may cause
you to be disenrolled.
Basic Legal Research, 2nd Edition Amy Sloan
(Sloan)
Legal Writing by Design, Teresa J. Reid Rambo and Leanne J. Pflaum
(Rambo)
The
Redbook: A Manual on Legal Style, Bryan A. Garner (Redbook)
Professional
System of Citation, 2nd Edition, Association of Legal Writing
Directors
(ALWD)
ALWD
Speedcite (laminated condensed citation guide)
Optional Text: Just
Writing: Grammar, Punctuation, and Style for the Legal Writer, Enquist and Oates. We recommend this text for those who would
benefit with additional pointers about writing style and mechanics.
During the semester, you will
receive handouts from your professors.
These become part of your course materials; you are responsible for
keeping copies.
The Legal Skills program is staffed by a
director, full and part-time professors and teaching assistants (TAs).
Faculty
|
Name |
Email |
Telephone |
|
Linda Anderson Research and
Writing Professor |
landerson@
piercelaw.edu |
(603) 228-1541 x.
1225 (603) 448-2613
(home) |
|
Judy Gire |
(603) 228-1541 x.
1129 |
|
|
Cindy Landau Asst. Director of
the Library and Research Professor |
(603) 228-1541 x.
1132 |
|
|
Margaret Sova McCabe Writing Professor |
mmccabe@piercelaw. edu |
(603) 228-1541 x.
1226 (603) 524-9151
(home) |
|
Sophie Sparrow Director of Legal
Skills and Writing Professor |
|
(603) 228-1541 x.
1205 (603) 763-4966
(home) |
|
Barry Shanks Reference Librarian
and Research Professor |
(603) 225-1541 x.
1193 |
|
|
Amy Vorenberg Writing Professor |
avorenberg@piercelaw. edu |
(603) 228-1541
x.1226 (603) 225-4126
(home) |
|
Maricia Woodham Writing professor |
mwoodham@piercelaw. edu |
(603) 228-1541
x.1225 (603) 880-5351
(home) |
You will receive information about
how to contact your research and writing TAs in your individual sections. Your professors will let you know when you
can meet with them and when they have formal office hours.
If you have questions about the course, contact your professor or TA directly,
according to his or her preferred method of communication. In the past, email has worked for contacting
professors, and all professors and TAs are on the FPLC system.
If you have questions about the
course or have a conflict with your professor, you should first try to resolve
the problem directly with your professor.
If you are unable to resolve the problem, please contact Sophie Sparrow,
Director of the Legal Skills Program.
Class format Legal skills is team-taught by research and
writing faculty. Twice a week writing
professors will meet with you for an hour.
Once a week research professors will meet with you for two hours. Twice during the semester you will have whole
class meetings for two programs; these are on the calendar and syllabus, and
your attendance at these meetings is required.
We will use a range of techniques to teach you legal skills. We will lecture, ask you to do group work,
in-class exercises, and practice other legal skills. We expect you to be an active participant in
class, sharing in speaking as well as listening. Students have different learning styles and
not all techniques we use may be suitable for yours. We ask for your forbearance when we are
using a style that works for others, but not for you. We seek to make the
course fun and exciting, but we know that it is also challenging.
Optional workshop times will be set up. These will primarily be staffed by TAs, and
will give you an opportunity to follow up on questions about assignments,
reading and classes. They will also
provide you with a chance to work on documents while TAs circulate.
We expect you
to behave as a professional. This means
that we expect you to treat classmates, Pierce Law guests, staff, TAs and
professors the way you would like to be treated. We expect an environment of professionalism,
civility, courtesy, respect and honest discourse. This doesnt mean that we want to chill or
limit discussion. We want you to feel
free to disagree and discuss controversial topics. We want you to do so, however, in such a way
that we can all remain connected while disagreeing.
We expect professionalism in actions and
words. This applies to classes and
interactions you have about the course.
For example, when turning in an assignment to the registrars office or
working in the library, we expect you to treat staff respectfully and professionally.
We do our utmost to listen attentively when
you are talking, be punctual, be courteous, and cooperate as team members. We expect the same from you. We promote an environment that avoids
disparaging remarks, and actions or words that show bias or prejudice based on
race, sex, religion, national origin, disability, age, sexual orientation,
native language, ethnicity, or socioeconomic status.
As members of a legal community, we see
ourselves as problem solvers interested in honest discourse. If you have a problem or concern, please talk
to one of us about it. We would rather
know and try to resolve the problem than find out at the end of the semester
that there were issues bothering students that we didnt know about.
Weve designed classes to supplement your
reading and give you a chance to practice analytical, research and writing
skills. We require you to come to
classes because of what you will learn from in-class exercises and working with
other students. You are also required to
attend because of what your classmates will learn from you.
If you are unable to attend a
class due to illness or other good reason, you must notify your professor in writing. If possible, you must so notify your
professor before class. Please
also notify your TA that you will be absent.
You may only receive an excused absence if you notify your professor in writing why you need to miss class
and provide your professor with sufficient information for her or him to excuse
you. If you are not comfortable
explaining your reason to your professor, please contact the Assistant Dean for
Student Affairs, Fran Canning.
Use your judgment if class is held
on a day with very hazardous driving conditions (extreme ice or snow). Classes are rarely cancelled; if they are, it
is for snowstorms that are considered major for
If you accumulate 4 or more unexcused absences, you will fail the
course. Under FPLCs Academic Rules and
Regulations Rule II(C)(6) professors have the right to disenroll a student who
has failed to satisfy a significant
portion of specific requirements in the course. If you are disenrolled, you
will receive an F in the course.
If you accumulate 4 excused absences, you may be in danger of failing
the course, and we will meet with you and other administrators, if appropriate,
to determine the suitability of your continuing in the course.
You are responsible for learning information and getting the
handouts we provide in class. If you
missed class, talk to classmates to learn what happened and get notes. After
talking to classmates, if you have additional questions, talk to your TAs
first. If you continue to have
questions, talk to your professors.
When you are in class, we expect you to be prepared to participate in the
discussion and to engage. Being prepared does not mean you have become
an expert on the material; it does mean that you will have read (generally more
than once for court opinions) and thought about the assigned materials,
completed assigned work and be ready to engage and discuss this work with
others. We want you to take risks and ask questions.
If however, you
ask us a question that is included in the written materials, we may refer you
to these. For example, if you say that
you want to have an extension for an assignment, we will direct you to page 13
of this document. If you have a
question about that material that is not clear from the words themselves,
please ask. (This is exactly what
happens in practice. For example,
lawyers frequently read, and reread court rules before submitting documents to
a court clerk. Failing to do so can result in sanctions and malpractice.)
You are each responsible for participating to an appropriate extent,
i.e. neither being silent nor dominating the discussion, but doing your share
of the talking. During classes,
professors and TAs will take volunteers and call on students. If you are stumped, you can ask for co-counsel
to assist. Not participating or not talking in class is not an option.
If you cannot prepare for a
class, notify your professor
that you are unprepared at the beginning of class. Being unprepared counts as an unexcused
absence. If you are not prepared for
some classes, we may ask you to leave.
This would be because we will be discussing material specific to a
graded assignment, and it is only appropriate to have the discussion with
students who have already completed the assignment.
We will keep track of your performance during class. Criteria used to determine your professionalism
grade includes:
· Resourcefulness. This is an important skill for lawyers of all disciplines. If you have a problem, first try to figure out a way to solve it.
· Taking risks. For some of you, this means volunteering to speak in a class. For others, it is the risk of being silent and not leading a small group discussion. It may mean admitting that you are off track or that you need help with an aspect of the course.
· Behavior in class. Interrupting others, talking while whole class instruction or discussion is going on, or making disparaging remarks about other students is unacceptable. If you have been assigned an in-class exercise and find that you have finished it before others, ask for feedback or work on other aspects of the course. Encouraging and allowing others to talk is as important as your talking. Listening skills are an enormous aspect of effective lawyering.
· Attitude. Having a positive approach to working with others is important. You are welcome to voice your questions, concerns, and complaints about the course. You are asked to do so directly to the professor, TA or director, in person. If you have a complaint, be prepared to offer a solution.
· Depth and thoughtfulness of your work. This includes in-class contributions and written assignments.
· Investing in your learning and growing from your mistakes. If you have received feedback on an assignment, we expect you to try to understand it and use it. If your approach to a writing assignment has not worked effectively for one draft, we expect you to try another approach and to reflect on what works. We expect you to ask questions about material you dont understand, and to struggle with analyzing a problem before giving up. If you are not performing well, we expect you to ask for help from us or our TAs.
· Effort and perseverance. This overlaps with some of the other categories but bears repeating. A student who works hard on his or her research, professionalism, analytical, writing and citation deserves a higher grade than someone who coasts because s/he started the semester with a higher level of skills. A student who does not give up, but keeps working to develop his or her skills, regardless of where he or she is, is acting professionally.
· Timeliness. Completing all assignments on time.
You will have two required individual conferences
with your writing professor. The first conference will take place during your
writing professors office hours, and last about 10-15 minutes. Your second conference will occur after you
have written your second memo. Before that conference, you will be asked to
think about your progress in Legal Skills and bring in written responses to
questions such as: What aspects of legal writing do you need to focus on to
improve? During the conference, which lasts about 20 minutes, your professor
will talk with you about your reflections on the course, and other thoughts and
questions you might have.
Reviewing assignments
Beyond regularly scheduled due dates for drafts, you
may show drafts of your work to your writing professors and TAsbut only if you
have a specific question. We can answer
specific questions about your work, if appropriate, but we will not give you
extensive feedback. We invite you to
seek clarification about directions or strategies and ask questions about an
assignment. When you specify where you
need guidance, you improve your learning by starting to identify and take responsibility for areas
you will need to work on in the future.
Written Work
Requirements
During the semester you will
draft material for class, edit assignments, prepare case briefs, practice
citation exercises, write a resume and cover letter, complete research
assignments and write formal memos.
Your professors will give
you specific directions for assignments, which you are expected to follow. If you fail to follow the directions, or
complete the assignment in an unsatisfactory way, you may lose points from the
assignment, receive a failing grade, or be required to redo the assignment.
All
written work submitted must be in the following form (unless you are told
otherwise by your professor or course director):
1.
Your identity: Write your name, your professors name, date,
and title of assignment in the right hand corner. If you
are told to submit an assignment anonymously, write only your exam number,
professors names, date, and title of assignment in the same place. This identification material should be single-spaced.
2.
For assignments with several components, e.g.
2A(1)(2) and (3): list the
identifying number(s) by your responses.
3.
Paper:
8 1/2 x 11 white
paper. FAX or email copies are not acceptable.
4.
Margins: 1 and 1/2 inch left
margin. All other margins 1 inch.
5.
Writing:
typed.
6.
Font: Use a standard font, such as Times New Roman, which has serifs or
feet. Do not use fonts without serifs,
such as Arial or Helvetica. These fonts are harder to read.
7.
Font size: Use 12 point in Times New Roman, or its equivalent. This is 12 point and allows us to read
it more effectively.
8.
Line spacing: Double-space substantive text. Double spacing is three lines of type per
inch.
9.
Indentation: Each new paragraph should be indented five
(5) spaces.
10.
Page numbers: Number pages if more than one; place the
appropriate number in the center of the bottom margin.
11.
Justifying:
Left justify
assignments. (This document is left
justified;
this
line is right justified.)
12.
Keeping pages together: Staple the assignment if it is more than one page.
13.
Page limits:
Stay within the assignments
maximum page limits. We may stop reading beyond the page limit.
14.
Printing:
Assignments must be
printed on a laser printer or high quality ink jet printer. Assignments must be
in dark ink and legible to the professor.
15.
Copies:
Photocopy all your
assignments. Give your professor the
original and keep a copy for your files.
Keep a copy of work that we return to you. Save your computer text frequently and always
make back-up copies.
16.
Formal writing assignments: In your writing class, we will give you a file folder for your writing
assignments. Assignment directions will
tell you which ones are to be included in the file folder and how to organize and
label them in the folder.
17.
Only you may turn in your work. You may
not turn in your classmates or roommates work unless you have prior permission
from your professor.
Returning
Assignments
We will return formal assignments at least four days
before your next formal assignment is due.
This allows you to improve your work on the next assignment by
incorporating your professors feedback.
While we strive to return assignments earlier, we may not always be able
to do this. We are each grading many assignments
and find that giving you quality feedback takes a great deal of time.
The kind of feedback you receive will depend on your
professor, the goals for the assignment, and where we are in the course. If you are working on making a rewrite
stylistically elegant, for example, we will give you different kinds of
comments than if you are struggling through the analysis or explaining a rule.
We will return formal assignments to you where you
can retrieve them during posted hours.
This may be through our faculty assistants or through the registrars
office. We may also return some
assignments at the end of class. We ask
that you talk to us if you have questions about any of the feedback, but we ask
that you wait 24 hours between when we have returned an assignment and when we
talk to you. This gives you a chance to
reflect on our feedback.
You are responsible for understanding the feedback
you receive. When you cant interpret
one of our handwritten margin notes, or dont understand what our final comments
are asking you to do, you must seek clarification. Not understanding the instructions and
feedback on earlier assignments is no excuse for doing poorly at the end of the
semester.
Deadlines
and Extensions
Unless indicated otherwise, all assignments are due at the beginning of class. If the assignments are due in the registrars
office, give them to that office 15
minutes before the beginning of class. In assignment directions, we will tell you
when and where to submit assignments, and how many copies you will need to make. Please realize that there may be many other
students turning in an assignment at the same time if the assignment is due at
the registrars office. Accordingly,
plan some extra time so you can turn in the assignment and still arrive on time
for class.
If you turn in an assignment late, you will be penalized. For graded assignments, you will lose up to Ό
of the assignments points for each day late, or part of a day late. With non-graded assignments, you will receive
a lower professionalism score. You may
also fail the course if you turn in more than one assignment late.
If you do turn in an assignment
late, we may be unable to return it when we return your classmates
papers.
You can get an extension for an assignment
only with the advanced written
permission of the instructor. We
will give permission only in extraordinary circumstances. Extraordinary circumstances include serious
illnessyours or an immediate family members (doctors note required), extraordinary
personal problems, such as the death of a family member or an emergency you did
not create (like an ice storm or flood).
To get an extension, we ask you to give us a two paragraph Motion for
Extension explaining your reasons for it and when you plan to complete the
assignment. This must be signed by you, dated, and contain the details for why
you need the extension.
Tests or assignments due for other classes are not extraordinary
circumstances. The ordinary occasional
troubles of personal and family life, and the stress associated with the first
year of law school are also not extraordinary circumstances. If an extraordinary circumstance arises
before you can contact your professor, contact her/him as soon as possible.
Computer crashes and printing
problems (including the ones
in the law library) are not extraordinary circumstances. To avoid losing assignments, save drafts
frequently, save them under different names, and print a hard copy of recent
drafts. If you have a problem at the last
minute, give your professor the last version of your assignment and talk to the
professor about when you will provide a final version.
Using the FPLC Library
We expect you to use the
library responsibly. Students, staff,
lawyers, and professors share library resources and all of us rely on finding
materials in their proper places. The
library staff is excellent and extremely helpful; please treat them with
respect and courtesy. When using the
library:
·
You may
not hide, intentionally misplace, destroy, deface, alter, or use without proper
authority materials or equipment in the library.
·
You must
re-shelve all library materials you use.
·
You may
not remove materials or equipment from the library without complying with the
established library rules.
·
You may
not mark in materials in which LS assignments are located.
·
You must
follow all library rules, as laid out in the Library Guide.
·
If you
do not follow these rules, you are violating the Conduct Code.
Code
of Student Conduct: Plagiarism and Unauthorized Collaboration
The FPLC Conduct Code applies to all Legal Skills assignments. You should familiarize yourself with it and
the following information about collaborating in Legal Skills. If you are unfamiliar with the Conduct Code,
you may violate it and subsequently be investigated, charged and subject to
Conduct Code proceedings.
Penalties of Conduct Code violations may include a permanent record in
your student file that may be reported to a state bar authority. Most bar authorities view these violations as
evidence of unfitness to practice law, which may delay or prevent you from
being admitted to the bar.
If you know the FPLC Conduct Code, you can avoid its proceedings and
penalties. Most rules follow principles
of basic honesty, courtesy and common sense.
If you are not sure of what is
authorized under the FPLC Conduct Code or this courses requirements, you are
responsible for getting clarification from your Legal Skills professors or the
Legal Skills Director. If you make a
mistake and violate the Conduct Code because you misunderstood or were unaware
of the Conduct Code or LS requirements, you will still have violated the
Conduct Code.
Plagiarizing violates the FPLC Conduct Code. Plagiarizing is more than not quoting
language from another source. It applies
to using anothers thoughts, ideas, organization, structure and language.
FPLC Academic Rules and Regulations Rule XIII-1(C)(1) sets out that:
(a) Submitting
as ones own, for academic credit or evaluation, quotations, paraphrasing or
distinctive ideas of another without sufficient citation to identify the source
and scope of the borrowing is a violation, even if merely negligent.
Comments:
When using
someone elses exact words, you must use quotation marks and cite to
authority. When paraphrasing anothers
words, you must cite to authority.
We
will give you some materials on plagiarism, and ask you to sign a form showing
that you have read and understood them.
When working on projects turned in to your
professor, unless we tell you otherwise:
1)
You may
discuss general legal concepts, and problems, and research strategies related
to any assignment with other students in
Legal Skills if none of these discussions are memorialized in writing. You may not discuss these with other
people, including TAs, relatives, friends, parents, spouses, children, upper
class students, other professors, lawyers, and students from other law schools.
2)
You may discuss
cases and other authorities found through legal research so long as each person who participates in the discussion has done
his or her own research.
3)
You may ask
your professors and TAs questions about an assignment; depending on the
assignment, you may have an in-depth discussion with your professor or TA, or
you may be referred to the assignment directions and asked to make an
independent judgment. If your TA gives
you advice that conflicts with what your professor told you, seek clarification
from your professor. You, and you alone, are responsible for the
contents of your papers.
4)
You may
ask a non-lawyer or non-law student spouse or friend to read your assignments
for proof-reading only. (You may get
feedback on spelling errors but not on substance.)
5)
You may
not give, read or show an outline, draft, or assignment - or a part of an outline, draft or
assignment - to another law student unless authorized by your professor.
6)
You may
not read an outline, draft, or assignment - or a part of an outline, draft
or assignment of another student unless authorized by your professor.
7)
You may
not collectively outline or write any draft or assignment or any part of
a draft or assignment unless authorized by your professor.
8)
You may
not get advice about your writing from other students, lawyers, or faculty
members other than the Legal Skills professors and teaching assistants.
9)
You may
not use free or paid for writing or editing services.
If a professor finds that assignments of two or
more students are substantially similar, there is a presumption that
unauthorized collaboration has taken place.
We encourage you to talk with your
classmates about concepts and about your other courses. These kinds of discussions and study groups
can greatly help you learn.
Students with Disabilities
If you have a disability, you might be
entitled to certain accommodations. If
you believe you fall into this category, please see the Assistant Dean for
Student Affairs, Fran Canning, as soon as possible. We can not give accommodations unless we have
received written notice from the Assistant Deans office.
Each semester, we will give you a final grade for this
course. Half your grade (200 points) will
come from the analytical research portion of the course, half (200 points) from
the analytical writing portion. We will base this on graded assignments, including
professionalism. In
our sole discretion, we can raise or lower your final grade by a half based on
your overall performance in the research and writing classes and your growth
during the semester.
We
evaluate these objectively but not always anonymouslyfor several reasons. The primary reason is that knowing who you
are allows us to give you more effective feedback on your performance. In addition, with the nature of the course
and our reviewing your assignments, we cannot grade all parts of this course
anonymously. Because it is essential
that we base our evaluation of your performance on informed, fair judgments, we
use specific criteria that we give you in advance.
As the
course progress, expectations rise. What
is acceptable in a first memo completed during the first month of school may
not be acceptable in a second memo.
Moreover, with additional assignments, additional skills are added, and
with each assignment, you are expected to achieve a higher level of performance. If you receive all or almost all of the
points for each assignment, you can predict that you are doing A level
work. If you are receiving points that
correspond to the class average and median, you can estimate that you are
roughly doing work in the B range.
But because assignments increase in complexity and weight during the
course, if you consistently perform below average for assignments, your
cumulative score may be in the C, D or F range.
Bear in mind that as professors, we comment upon, but do not edit your work. Learning how to analyze, research and write
requires you to make independent judgments about which authorities you select,
which facts you emphasize, and how you organize your written material. This means our comments on your drafts will
be comments for that draft. Our comments are not comprehensive
corrections that you apply as you would correct entries on an IRS tax
form. Rather our comments will include
explaining what we have seen that is working, where you need to improve and
strategies that may help you improve.
You will need to learn how to apply these comments to many sections of
your written work, to incorporate what you see and hear in classes, and to
build upon what you have in the texts.
A well-done draft does not guarantee a high scoring rewrite; the same
principle is true for outlines, introductions, and other parts of your
writing.
The professors who read your assignments will
determine your grade. If you have
questions about a grade or a professors comments, you should speak to that
professor individually. If your
questions have not been answered, you may contact the Director of Legal Skills,
Sophie Sparrow. The Director of Legal
Skills will not change a grade from another section.
We each grade our sections on similar standards. Each section is graded separately. Your professor will grade based on what she or he has been teaching and emphasizing in class. You will not be penalized by how your classmates in other sections perform, or how other professors teach. This means that you will not be penalized if students in other sections receive higher points on assignments.
Grading breakdown percentages
and points
|
Source of grade |
Percentage, total Legal
Skills grade |
Number of total points |
Research points |
Writing points |
|
Professionalism includes class work,
research worksheets, final practicum, writing assignments and exercises |
20 % |
80 |
40 |
40 |
|
Research Checklist 1 |
5% |
20 |
20 |
0 |
|
Research Checklist 2 |
10% |
40 |
40 |
0 |
|
Memo 1 Final |
5% |
20 |
0 |
20 |
|
Memo 2 Final |
10% |
40 |
0 |
40 |
|
Memo 3 Final |
25% |
100 |
0 |
100 |
|
Research Diary |
25% |
100 |
100 |
0 |
|
Total |
100% |
400 |
200 |
200 |