Law 280 Legal Writing & Research Methods Spring 2017 Instructor Sahar Zareen Bandial Room No. - Office Hours By appointment Email sahar.bandial@gmail.com, sahar.bandial@lums.edu.pk Telephone - Secretary/TA TBD TA Office Hours TBD Course URL (if any) - Course Basics Credit Hours 2 Lecture(s) Nbr of Lec(s) Per Week 1 Duration 110 m Recitation/Lab (per week) Nbr of Lec(s) Per Week None Duration N/A Tutorial (per week) Nbr of Lec(s) Per Week None Duration N/A Course Distribution Core Elective Open for Student Category Close for Student Category BA/LLB No BA/LLB Non-law students: Closed to All COURSE DESCRIPTION This course shall introduce students to the basic elements of legal research and writing. The first section of this course shall focus on research methods. The second section, shall concentrate on general principles of correct and effective writing in the English language. In the last section of this course, students shall learn how to integrate legal research and analysis into effective legal writing, both of the predictive and persuasive varieties, including memos, briefs and opinion letters. COURSE PREREQUISITE(S) This course is only open to first-year Law Students. COURSE OBJECTIVES To introduce students to the elementary rules and methods of legal research and writing. To equip them with skills of effective communication and analysis that are necessary for and valuable to legal practice. Learning Outcomes A working knowledge of sources and methods of legal research. An understanding of the basic rules of correct and effective writing. The ability to draft well-researched, analytical, concise and persuasive legal writings in the form of memos and briefs. Grading Breakup and Policy
Assignment(s): 85%! Assignment I: 5%! Assignment II: 5%! Assignment III: 5%! Legal Memo I: 10%! Legal Memo II: 20%! Legal Brief : 40% Quiz(s): N/A Class Participation: 10% Attendance: 5% Midterm Examination: N/A Project: N/A Final Examination: N/A Examination Detail Midterm Exam Yes/No: No Combine Separate: Duration: Preferred Date: Exam Specifications: Final Exam Yes/No: No Combine Separate: Duration: Exam Specifications: COURSE OVERVIEW Week/ Lecture/ Module 1 Introduction Topics i. Introduction to the instructor, course & students Introduction to legal research and manual/electronic (online) research resources - Recommended Readings Objectives/ Application To provide an overview of the Course and a brief description of online and manual sources of research. 2 Legal Research Methods i. Legal dictionaries Researching Pakistani Law Pakistani Law Journals: ALD, PLD. SCMR, CLD, CLC, YLR, PTD, PCrLJ, MLJ, PLJ Pakistan law site i. Researching Indian Law Indian Law Journals: AIR Indiankanoon.com - To explore in greater depth the various sources of Pakistani, Indian, English, American, European Union, European Community and International Law. The lecture shall also draw attention to the method of researching academic writings. An officer of the Library shall provide a tutorial to acquaint students to the research resources to which the University allows access. i iv. Researching English law Researching American Law Researching European Union &
European Community Law v. Researching International Law vi. Researching Law journals/periodicals Assignment I: Research Exercise 3 Research Methods & Citation: A. Reading a Case i. Precedent and Stare Decisis. Cases of first instance and appeals. i Headnotes. iv. Majority, concurring and dissenting opinions. v. Reasoning and ratio decidendi. vi. Obiter dicta. v Citation. vi Footnotes ix. Reading a sample case and discussing it in class. B. Reading a Statute i. Primary and delegated legislation. Statute Number/Ordinance Number i Anatomy of a statute (name, preamble, definitions section and operative section). iv. Citation. v. Reading a sample statute and discussing it in class. Holland James and Julian Webb, Learning Legal Rules, OUP, 2006, New York, pp. 70-79, pp. 128 149, 157 188, Holland James and Julian Webb, pp. 65-70 Crabb, V.C.R.A.C Legislative Drafting, Cavendish Publishing, 1993 pp. 1 37 To acquaint students to the basic elements of a judgment and to equip them with the ability to identify and distinguish one from the other. To introduce students to the anatomy of a Statute. Assignment II Comprehension Exercise on a Judgment English Language & Grammar A. Sentence Structure i. Topic and concluding sentences Concise construction Overview: Oates, Enquist & Kunsch, The Legal Writing Handbook, Apsen Law & Business, New York (2002), pp. 134, pp. 138 145, Oates: pp. 597 -- 606 Oates: pp. 645 650, 679 -- 689 To provide students with the knowledge of basic rules of clear, concise and effective writing. 4 B. Transition i Paragraph Construction & Flow Oates,: pp. 579 -- 585, 594 596 5 C. Language iv. Passive Voice Noun-Verb conjunction v. Precise legal Word/Phrase usage vi. Foreign Legal Phrases English Language & Grammar II Oates: pp. 633 644 Oates: pp. 674-676, Rylance, Legal Writing & Drafting, Universal Law Publishing, Deli (2000): pp. 61-64 Oates: pp. 701-703, i. Tenses Singular/Plural Oates: pp. 755 763. 763 772 To introduce students to the basic
Common Mistakes i Preposition usage iv. Modifiers v. Punctuation a) Commas b) Semi-colons, Colons c) Apostrophe d) Hyphen/Dash Oates: pp. 910 912 Oates: pp. 782 --788 Oates: pp. 800 827, Oates: pp. 827 -- 834 Oates: pp. 835-839 Oates: pp. 853 -- 861 rules of correct English Grammar, necessary for the purpose of effective legal writing. Through a class exercise, the students shall gain the ability to distinguish between grammatically correct and incorrect legal writing. Class Exercise: Critiquing the grammatical quality of a written judgment Assignment III: Sentence Construction & Grammar Predictive Legal Writing I A. General Principles i. Plagiarism and Referencing To emphasize upon the students the importance of ethical writing. 6 B. How to write a Legal Memo i. Structuring the Memo Statement of Facts i IRAC iv. 1st Memo Introduction a. Draft statement of facts b. Draft issue Oates: pp. 47-52 To introduce students to the structural elements of a Legal Memo. First Memo (Closed) 7 i. Identifying the Issue Researching for the memo i Incorporating research into the body of the memo iv. Analysis of direct and persuasive research v. Conclusion Oates: pp. 53 127 To introduce students to the method of legal memo writing. 8 Assignment: Memo I Discussion on First Memo i. Common Mistakes discussed Sample Memo discussed The assignment shall entail the writing of a closed Memo, with the legal resources relevant to the writing exercise already provided to the students by the instructor in the drafting of Memo I. 9 10 Second Memo (Open) i Topic for Second Memo discussed iv. Second Memo assigned Assignment : Memo II Rewriting the Memo i. First Draft of Second memo due Common mistakes discussed i Revising and rewriting the memo The assignment shall entail the writing of an open Memo, where the students shall themselves have to research and identify the legal resources they wish to rely upon for the purpose of the assignment. in the drafting of Memo II
11 Final Draft of Memo II due 4 days hence Predictive Legal Writing II The Opinion Letter Oates, pp. 219-228 Ray and Cox, Beyond the Basics, Thomson, West(2003) pp. 350 370 Persuasive Writing I To acquaint students to the basics of legal opinion writing. 12 The Legal Brief i. How to write a Legal Brief Discussion of a Sample Brief Oates pp. 237 303 To acquaint students to the basics of legal brief writing. Class exercise: Critiquing a Sample of Written Arguments submitted before a High Court Persuasive Writing II 13 The Legal Brief i Assignment: Brief Topic Assigned iv. Brief Topic Discussed To test the students knowledge/ability of legal brief writing 14 Assignment: Legal Brief Persuasive Writing III i. Legal Brief Due Sample Brief Discussed in the drafting of the Legal Brief. Textbook(s)/Supplementary Readings Selected readings provided in the form of a Course Reader in Volumes 1. Additional readings, for assignments, shall be provided before class.