Legal Writing Icw Answer Key by mem45735

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									                                   LAWYERING SKILLS & VALUES I SYLLABUS
                                          PROFESSOR HAUSBECK
                                                FALL 2006
          Mandatory LSV Course Texts

          1.   Neumann, Legal Reasoning and Legal Writing (5th ed. 2005) [NEUMANN].

          2.   Ray & Ramsfield, Getting It Right and Getting It Written (4th ed. 2005) [R&R].

          3.   Sloan, Basic Legal Research (3d ed. 2006) [SLOAN].

          4.   The Bluebook, 18th ed. [BLUEBOOK].

          5.   Interactive Citation Workbook for The Bluebook, (7th ed. 2006) [ICW].

          6.   Model Rules of Professional Responsibility [MRPR] (online resource).

          7.   Rules Regulating the Florida Bar [RRTFB] (online resource).

                  Blue links are active. Just press CTRL and click to follow the link to the webpage.
                                Items in RED are on the Lexis Blackboard Web Course.

                                       THIS SYLLABUS IS SUBJECT TO CHANGE.

                                                  PRINT IN LANDSCAPE.

          ALL READING IS MANDATORY, WHICH MEANS IT MUST BE DONE BEFORE YOU COME TO CLASS.
                                 OTHERWISE, YOU ARE UNPREPARED.

   PLEASE NOTE THAT THE NUMBER OF TIMES WE WILL MEET EACH WEEK WILL VARY OVER THE COURSE OF THE
SEMESTER. SOMETIMES WE WILL MEET TWICE A WEEK, SOMETIMES THREE TIMES A WEEK, AND WE WILL NOT MEET AT
 ALL DURING CONFERENCES. PLEASE CHECK THE SYLLABUS FOR THE DATES AND TIMES THAT WE WILL MEET. IT IS
                 YOUR RESPONSIBILITY TO KNOW WHEN CLASSES HAVE BEEN SCHEDULED.
                                                                LSV I
                                                               Fall 2006

Course Objectives
By the end of the course:

1)    The student should be able to adequately analyze and synthesize the law, with a focus on reading and understanding case
      opinions and statutes.
2)    The student should be able to find the law using state resources and secondary sources.
3)    The student should be able to logically apply the law to specific fact scenarios using proper legal analysis and reasoning.
4)    The student should be able to communicate the analysis, synthesis, and application of the law using a basic office
      memorandum.
5)    The student should become familiar with several lawyering skills, including general problem solving skills, client interviewing, and
      negotiation.

                                                                LSV II
                                                              Winter 2007

Course Objectives
By the end of the course:

1)    The student should be able to adequately draft legal correspondence, including client letters, demand letters, and emails.
2)    The student should be able to adequately draft a Memorandum of Law that would be accepted by a court of law.
3)    The student should be able to advocate through the use of written documents and oral arguments which are generally used in
      the legal profession.
4)    The student should be familiar with the process of counseling clients and the ethical considerations associated with client
      relations.
5)    The student should understand when and how to use different types of alternative dispute resolution techniques.
CLASS                TOPIC                      TEXT READING                   WEB READING                          ASSIGNMENTS DUE


        The first day of class is a “Suit                            LSV Policies and Procedures                 Lexis registration and
        Day.” Wear a suit to class.                                   Handbook (Parts 1, 2, & 3). Located on       Blackboard enrollment.
                                                                      Bb under “Course Rules.”
  1                                                                                                               Signed Student
        Introduction to LSV                                          Bradshaw case.                               Acknowledgement Form
Tues.      Overview of LSV Program                                  Weeki-Wachee case.                           (located on Bb under
 8/15      Policies & Procedures                                    Klein-Becker order.                          “Assignments”). Turn this in
           Ethics & Professionalism                                  All three are located on Bb under            during class to me.
           How to Analyze a Case                                     “Assignments.”
                                                                                                                  Online Introduction to LSV
        RA Talk                                                      MRPR                                         Quiz. Located on Bb under
                                                                      Preamble and Scope                           “Course Rules.”
                                                                      Rule 1-1 Competence
                                                                      Rule 1-1 Competence “Comment”

                                                                     Law Student Plagiarism


        U.S. Legal System                      NEUMANN              U.S. Court System
          Introduction to U.S. courts          Chapters 1 - 4.
          U.S. legal system                                         Florida Court System
  2       Sources of Law                      SLOAN
          Types of Authority                   pp. 1-9.
Wed.
8/16    Talking to Text
CLASS               TOPIC                     TEXT READING                  WEB READING                    ASSIGNMENTS DUE

        Introduction to Legal Office         NEUMANN                Sample Memorandum of Law         Due by 6:00 p.m.
  3     Memorandum                            Chapters 5 -7, 9.       Materials up on Bb under
                                                                      “Assignments.”                   A case analysis of the
Mon.    Introduction to Legal Analysis       R&R                                                      Bradshaw case (up on Bb
8/21        Case analysis                    Objective Writing      Materials for Memo #1 up on Bb   under “Assignments”) and the
            Developing the Rule from a       Objectivity             under “Assignments.”             Constanza case (p. 49 of
             single case                      Memos                                                    NEUMANN).
                                              Rules


        Introduction to Legal Analysis       NEUMANN                                                  Due by 8:00 p.m.
             Developing the Rule from        Chapter 10.
               multiple cases;                                                                         1) A case analysis for one of
  4          Using Synthesis charts.                                                                     the cases from the Memo
                                                                                                          #1 Assignment.
Thur.   CRuPAC
8/24                                                                                                   2) Bring a hard copy of the
                                                                                                          Sample memo to class,
                                                                                                          along with the following
                                                                                                          colored highlighters:
                                                                                                          green, yellow, pink, and
                                                                                                          orange.
CLASS               TOPIC                   TEXT READING                     WEB READING                    ASSIGNMENTS DUE


        What if Several Cases Address      NEUMANN                                                     Due by 6:00 p.m.:
  5     the Same Rule?                      Chapter 11 &
            Rule Proof paragraphs.         Appendix C.                                                 Completed synthesis charts
Mon.                                                                                                    for all the cases assigned for
8/28                                                                                                    Memo #1.


        How Does the Rule Apply to My      R&R                    Reasoning by Analogy
  6     Facts?                              Legal Analysis
            Writing the Rule
Wed.          Application paragraphs.
8/30        Comparing “Apples to
              Apples” and “Oranges to
              Oranges.”


  7     Putting It All Together - The      NEUMANN                    Top Ten Golden Rules of Legal   Due by 8:00 p.m.
        Writing Process                     Chapters 13, 18 &           Writing up on the Blackboard
Thur.       Outlining the Argument         19.                                                         1) Outline of CRuPAC for
8/31                                                                                                       Memo #1 Assignment.
                                           R&R
                                            Outlines                                                    3) Bring Memo #1
                                            Writing Process                                                Assignment materials to
                                            Audience                                                       class.
CLASS                TOPIC                      TEXT READING                           WEB READING                ASSIGNMENTS DUE


        Introduction to Legal                                               Model Rules of Professional         MEMO ASSIGNMENT #1
        Research & Citation                    SLOAN                       Responsibility - Rules 1.1, 3.1,     due by 6:00 p.m.
  8                                             Chapters 1, 2, &            & 3.3.
        How do I get started, and               11.                                                              Bring Bluebook, ICW book,
Wed.    how do I keep track of where                                        and compare                          Sloan, and laptop to class.
 9/6    I’ve been?                             BLUEBOOK
                                                 Read pp. 1-2;              RRTFB 4-1.1, 4-3.1, & 4.3.3(a), &
              Search Terms                      Review                      comments.
              Research Logs                     1) the Table of
                                                    Contents on             MEMO ASSIGNMENT #2.
        Interactive Citation Workbook for           pp. vii – xiv,
        The Bluebook.                           2) The Bluepages
                                                    on pp. 3 – 43,
                                                3) the Index on
                                                    pp. 381 – 415, &
                                                4) the Quick
                                                    Reference
                                                    Guide on the
                                                    last two pages.

                                               ICW pp. ix-xi.

                                               NEUMANN
                                                Chapter 20


        Researching & Citing                       SLOAN                                                        Bring Bluebook, Sloan, &
  9     Secondary Authority:                        Chapter 3.         .                                         Tabs.

Thur.         Legal Encyclopedias,
 9/7           A.L.R., Law Review
               Articles, Treatises, &
               Restatements
CLASS               TOPIC                TEXT READING                    WEB READING                          ASSIGNMENTS DUE


 10                                         SLOAN                                                         ICW #1 due by 6:00 p.m.
        Researching & Citing Primary         Chapter 6
Mon.    Authority                            pp. 155-159;                                                  Work on Research Log for
9/11                                         pp. 170-173;                                                  Memo #2.
             Statutes                       pp. 182-184; &
                                             pp. 194 -198.                                                 Bring Bluebook, Sloan, &
                                                                                                           Tabs.


        Researching & Citing Primary        SLOAN               CALI – How to Find Case Law              Work on Research Log for
 11     Authority                            Chapter 4            Using Digests **                         Memo #2.
                                             pp. 77-97; &
Thur.        Case Reporters & Digests       pp. 105-128.        Florida Court System (in the Table       Bring Bluebook, Sloan, &
9/14                                                              of Contents, click on Ch. 1, Reporters   Tabs.
                                                                  and Digests and then read Court
                                                                  Systems and Reporters and Digests)


 12     Updating your Research:             SLOAN                                                         ICW #2 due by 6:00 p.m.
        a.k.a. “Shepardizing”                Chapters 5 &
Mon.                                         Chapter 6                                                     Work on Research Log for
9/18                                         (pp. 172-173).                                                Memo #2.

                                                                                                           Bring Bluebook, Sloan, &
                                                                                                           Tabs.


 13     Legal Research continued                                                                           Work on Research Log for
                                                                                                           Memo #2.
9/21
Thur.                                                                                                      Bring Bluebook, Sloan, &
                                                                                                           Tabs.
CLASS              TOPIC                       TEXT READING                         WEB READING       ASSIGNMENTS DUE



 14     FEEDBACK SESSION ON                         NEUMANN              Transitional phrases   RESEARCH LOG FOR
        MEMO #1                                      Appendix A & B.      Using Transitions      MEMO # 2 DUE AT 6:00
Mon.                                                                      Parallelism            P.M.
9/25                                                                      Apostrophes
                                                                                                  ICW #3 due at 6:00 p.m.
                                                                          R&R Memo #1 List


        Starting Over:                                                                              Due by 6:00 p.m. - List of
 15     Approaching the Nuts                      NEUMANN                                          “Good” cases and “Bad”
        and Bolts of a Memo                        Chapters 14 & 15                                 cases and the reasons you
Wed.                                                                                                listed them as “good” or
9/27            Choosing cases for the                                                             “bad.”
                 DOA.


        Starting Over:                             NEUMANN                                         Due by 8:00 p.m. - Outline
        Approaching the Nuts                        Chapter 12.                                     of DOA.
 16     and Bolts of a Memo

Thur.           The Roadmap
9/28             Paragraph(s) of the
                 DOA.

                Large Scale and Small
                 Scale Organizing of the
                 DOA.
CLASS              TOPIC                   TEXT READING                         WEB READING                 ASSIGNMENTS DUE


        Starting Over:                     NEUMANN                       Review Sample Memo posted on   ICW #4 due at 6:00 p.m.
        Approaching the Nuts                Chapter 17                     Bb.
        and Bolts of a Memo                                                                               Due by 6:00 p.m. – Outline
 17                                        R&R                                                           of the Statement of Facts
                The Heading and RE:                                                                      and draft of the Question
Wed.             line                      Captions (Just                                                 Presented.
10/4            The Facts Section         read 1. Interoffice
                Question Presented        Memos)
                Brief Answer
                                           Legally
                                           Significant Facts

                                           Background
                                           Facts

                                           Questions
                                           Presented

                                           Brief Answers


        Rewriting, Revising, and           R&R                         Legalese
 18     Polishing
                                            Rewriting                   Strong Memo & Weak Memo
Thur.
10/5                                        Revising

                                            Polishing

                                            Quotation Marks

                                            Quotations, How
                                            To Punctuate
CLASS                  TOPIC                  TEXT READING                   WEB READING                     ASSIGNMENTS DUE


Week
                                                                                                           ICW #5 due at 6:00 p.m. on
  of      Individual Conferences           Individual Conferences   INDIVIDUAL CONFERENCES                 Monday, October 9th.

Oct. 9                                                                                                     Skip ICW #6!

  to

Oct. 13



  19      MEMO #2 DUE                                                                                      MEMO #2 DUE BY 6:00
                                                                       MEMO # 3 materials                 P.M.
Mon.      Online Research
10/16                                                                                                      ICW #7 due at 6:00 p.m.
          Updating Research


          Fact Gathering                   NEUMANN
                                           Chapter 8                   Model Rules of Professional        WORK on Research Log for
  20         Role of Facts in Resolving                                Responsibility R. 1.4 & 1.6 and    Memo #3.
              Legal Problems                                            comments
Thur.
10/19        Interviewing theory &                                 and compare
              techniques
                                                                       Rules Regulating the Florida Bar
             Ethics                                                    R. 4-1.4 & 4-1.6

             Mock interview
CLASS               TOPIC           TEXT READING               WEB READING       ASSIGNMENTS DUE


        The Client Interview    KRIEGER HANDOUT
 21     (SUIT DAY).             Chapter 8                                      ICW #8 due at 6:00 p.m.

Mon.                            HANDOUT                                        WORK on Research Log for
10/23                           “Types of Interview                            Memo #3.
                                Questions”



 22     Debriefing the Client                          Interview Transcript   WORK on Research Log
        Interview                                                              for Memo #3.
Wed.
10/25   Key Facts



                                                                               WORK on Research Log for
 23     MEMO #3                                                                Memo #3.

Thur.         Rules
10/26
CLASS                  TOPIC            TEXT READING   WEB READING   ASSIGNMENTS DUE



 24     MEMO #3                                                      ICW #9 due at 6:00 p.m.

Mon.              Statement of Facts                                Due at 6:00 p.m. –
10/30
                  QPs                                               Outline of the Statement of
                                                                     Facts.
                  RE: line
                                                                     Draft of the QP.

                                                                     WORK on Research Log for
                                                                     Memo #3.


 25     MEMO #3                                                      Due at 6:00 p.m. - List of
                                                                     “Good” cases and “Bad”
Wed.             Selecting Authority                                cases and the reasons you
11/1                                                                 listed them as “good” or
                                                                     “bad.”


 26     MEMO #3                                                      Due at 8:00 p.m. - Outline of
                                                                     DOA.
Thur.            Organizing the DOA
11/2
                 The Roadmap
                  Paragraphs and the
                  Different Issues
CLASS              TOPIC              TEXT READING                   WEB READING     ASSIGNMENTS DUE


          FEEDBACK SESSION               R&R                                        RESEARCH LOG FOR
  27      ON MEMO #2                      Editing                                    MEMO #3 DUE AT 6:00
                                                                                     P.M.
 Mon.     FINAL QUESTIONS ON
 11/6     MEMO #3                                                                    ICW #17 due at 6:00 p.m.

          VOLUNTARY PEER EDITING                                                     Bring a hard copy your draft
          EXERCISE                                                                   of Memo #3 to class,
                                                                                      along with the following
                                                                                      colored highlighters:
                                                                                      green, yellow, pink, and
                                                                                      orange, and a pen, if doing
                                                                                     the peer editing exercise.


 Week
  of      Individual Conferences   Individual Conferences   INDIVIDUAL CONFERENCES
Nov. 13
  to
Nov. 17
CLASS              TOPIC                   TEXT READING               WEB READING                     ASSIGNMENTS DUE


Mon.           MEMO #3 DUE                MEMO #3 DUE                                                 MEMO #3 DUE BY 6:00
11/20                                                                                                 P.M.


        Negotiating a Contract                               Model Rules of Professional
 28                                                           Responsibility R. 4.1 & 1.2(a) & 3.1
               Theory, techniques, &
Mon.            skills                                        and compare
11/20
               Ethics                                       RRTFB 4-4.1; 4-1.2(a), 4-2.1, 4-3.1 &
                                                              comments.

                                                             Confidential “Negotiation
                                                              Information” on Bb.


 29     IN-CLASS NEGOTIATION            KRIEGER HANDOUT                                               DUE by 6:00 p.m. -
        (SUIT DAY)                      Chapter 23                                                    Negotiation Plan.
Mon.
11/27

								
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