Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research...

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THE UNIVERSITY OF TOLEDO LEGAL RESEARCH, WRITING & CASE ANALYSIS (LGL:1160) SPRING 2015 INSTRUCTOR: Jennifer Rumschlag E-MAIL: ien n ife r. ru msch [email protected] PHONE: 734.693.7034 OFFICE HOURS: By appointment COURSE DESCRIPTION: This course is designed to provide students with an understanding of the functions of the law library and to develop research techniques, legal analysis, basic legal citation skills, and writing skills through use of traditional law library materials and computerized legal research techniques. Foundations of Legal Research & Writing, by Best and Hawkins (Fifth Edition) ISBN: 9781133278290 The Bluebook, by Harvard Law Review (Nineteenth Edition) ISBN : 9780615361161 Interactive Citation Workbook for The Bluebook: A Uniform System of Citation, by McGaugh Norton, Hurt, and Jackson (2014 Edition) ISBN: 9781630435905 COURSE OBJECTIVES: Students will be able to distinguish between primary and secondary legal authority and mandatory and persuasive authority. Students will be able to use proper citation form. Students will be able to organize facts, spot issues, conduct legal research, analyze authority , and apply the law. Students will be able to draft legal documents clearly and briefly by adherence to the rudiments of successful legal writing: preCiseness, conCiseness, simplicity, and clarity. Students will bel aware of ethical considerations applicable to legal research and writing. THIS SYLLABUS IS SUBJECT TO CHANGE

Transcript of Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research...

Page 1: Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research techniques, legal analysis, basic legal citation skills, and writing skills through use of

THE UNIVERSITY OF TOLEDO LEGAL RESEARCH WRITING amp CASE ANALYSIS (LGL1160)

SPRING 2015

INSTRUCTOR Jennifer Rumschlag E-MAIL ien n ife r ru msch lagutoledoedu PHONE 7346937034 OFFICE HOURS By appointment

COURSE DESCRIPTION

This course is designed to provide students with an understanding of the functions of the law library and to develop research techniques legal analysis basic legal citation skills and writing skills through use of traditional law library materials and computerized legal research techniques

Foundations of Legal Research amp Writing by Best and Hawkins (Fifth Edition) ISBN 9781133278290

The Bluebook by Harvard Law Review (Nineteenth Edition) ISBN 9780615361161

Interactive Citation Workbook for The Bluebook A Uniform System of Citation by McGaugh Norton Hurt and Jackson (2014 Edition) ISBN 9781630435905

COURSE OBJECTIVES

Students will be able to distinguish between primary and secondary legal authority and mandatory and persuasive authority Students will be able to use proper citation form Students will be able to organize facts spot issues conduct legal research analyze authority and apply the law Students will be able to draft legal documents clearly and briefly by adherence to the rudiments of successful legal writing preCiseness conCiseness simplicity and clarity Students will bel aware of ethical considerations applicable to legal research and writing

THIS SYLLABUS IS SUBJECT TO CHANGE

SCHEDULE

Class No

1 January 13 Introduction and Ethical Considerations

The American System of Law

Sources of Law shy Primary and Secondary Resources

Introduction to Citation

2 January 15 Legal Reasoning and Analysis

Ethical Legal Research

Mandatory and Persuasive Authority -I- January 20 TOUR OF LAW liBRARY

4 January 22 Introduction to Utilizing the Internet for Legal Researcll

5 January 27 Secondary Sources

6 January 29 Secondary Sources

February 3 Case Law - CO Li rt Systems and Reporter System~ Citalion

8 February 5 Case Law - Reading and Briefing Cases

9 February 10 Case Law - Reading and Briefing Cases continued

10 February 12 Case Law - in class research assignment and Shepardizing

11 Febr uary 17 Client Communications

J2 February 19 Client Communications cont inued

13 February 24 Drafting Legal Memoranda - Assign Memo 1

14 February 26 Legal and Ethical Obligations

IS March 3 CONFERENCES on Memo 1

lb March 5 CONFERENCES on Memo 1

------------------------------------------- ENJ OY YOU R S PR I N G B R EAK copy ---------------------------------------------------shy17 March 17 Constitutions Statutes Regulations and Court Rules

18 March 19 Constitutions Statutes Regs and Cou rt Ru les continued

19 Marcil 24 Statutes - Reading Interpreting and ApplYing

20 March 26 Statutes - in class research a~s ignmel1t

21 March 31 Shepardizing Statutes

22 April 2 Drafting Legal Memoranda - Assign Memo 2

21 April 7 Overview of Research Process

2middot1 April 9 CONFERENCES on Merna 2

25 April 14 CONFERENCES on Memo 2

26 April 16 Final Memo

L April 21 Overvi ew of Research Process

28 April 23 Overview of Research Process contlnLled

29 April 28 Final Memo - questions and support

30 April 30 Final Memo - questions and support

THIS SYLLABUS IS SUBJECT TO CHANGE

GRADE POLICIES

Grading Scale

bull A = 90-100

bull B = 80-89

bull C=70-79

bull D = 60-69

F = lt 59

Final grades may be adjusted upwards or downwards one grade level (eg from B to B+ or from B to B-) based on attendance and classroom participation An exceptional attendance record and thoughtful contributions to class may result in an upward adjustment Unexcused absences unpreparedness unprofessional conduct in the classroom or failure to meaningfully participate in c1lass may result in a downwards adjustment

Grade Components

bull Assignments 30 total grade

ICW Assignments 10 total grade

bull Written Client Communications 10 total grade

bull Memos 1 amp 2 10 total grade

bull Final Memo 40 total grade

Assignments may be (1) posted on Blackboard and due before class or (2) given in class

CLASS POLICIES

Class Attendance Class attendance is REQUIRED Students MUST arrive to class on time and stay for the duration of class Please read The Un iversity of Toledo s Missed Class Policy

Class Preparation and Participation Students must arrive to class prepared Students are encouraged to bring their laptops tablets or other electronic devices to access online resources as required in each class session

Professionalism Students are expected to conduct themselves in a respectable and professional manner while in class Written communications including emails should also be respectable and professional

As~gnments

Course materials and assignments are posted on the course website through Blaakboard available at httpsblackhoardutoledoedu Students are responsible for frequently accessing the course website and checking their rockets email for the latest information assignments and materials All writing assignments must be typed unless otherwise instructed and must follow the format announced in class for the particular assignment Assignments are due on the dates listed on the course Syllabus andor Blackboard website No late assignments will be accepted

Academic Dishonesty Academic dishonesty will not be tolerated Please read The Universitys Policy Statement on Academic Dishonesty

THIS SYLLABUS IS SUBJECTTO CHANGE

-

Copyright Notice The materials in this cou rse are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated

Americans with Disabilities Act The ADA requires that reasonable accommodations be provided for students with physical sensory cognitive systemic learning and psychiatric disabilities In accordance with the ADA and university policy if you have a documented disability and require accommodations to obtain equal access in this course please contact the instructor at the beginning of the semester to discuss any necessary accommodations Please

lcontact Student Disability Services for verification of eligibility at 419-530-4981 (vOi e) or 419-530-2612 (TDD)

TECHNICAL SUPPORT

Ifyou encounter technical difficulties with Blackboard please contact the UT Online Help Desk at (419) 530-8835 or utdlutoledoedu The Help Desk offers extended hours in the evenings and on weekends to assist students with technical problems When calling after hours leave a detailed message including your Rocket Number and phone number and an Online Learning staff member will respond on the next business day

Technical questions related to on-campus Internet access virtual labs hardware software personal website hosting and UTAD account management can be directed to UTs IT Help Desk at (419) 530-2400 or ithelpdeskutoledoedu

LEARNER SUPPORT

The University of Toledo offers a wide range of academic and student support services that can help you succeed

eTutoring Services The Ohio eTutoring Collaborative in partnership with The University ofToledo now provides online tutoring support for all UT students eTutoring Services are offered in a wide array of subjects including Writing Math Calculus Statistics Accounting Biology Chemistry and Anatomy and Physiology

eLibrary Services Portal The eLibrary is a customized gateway to UT Libraries for online students It was designed to help you locate the best online library resources without leaving Blackboard

Student Disability Services I Student Disability Services provides accommodations and support services to students with disabilities

Counseling Center The Counseling Center is the universitys primary facility for personal counseling psychotherapy and psychological outreach and consultation services The Counseling Center staff drovide counseling (individual and group) mental health and wellness programming and crisis intervention services to help students cope with the demands of college and to facilitate the development of life adjustment strategies

THIS SYLLABUS IS SUBJECT TO CHANGE

Page 2: Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research techniques, legal analysis, basic legal citation skills, and writing skills through use of

SCHEDULE

Class No

1 January 13 Introduction and Ethical Considerations

The American System of Law

Sources of Law shy Primary and Secondary Resources

Introduction to Citation

2 January 15 Legal Reasoning and Analysis

Ethical Legal Research

Mandatory and Persuasive Authority -I- January 20 TOUR OF LAW liBRARY

4 January 22 Introduction to Utilizing the Internet for Legal Researcll

5 January 27 Secondary Sources

6 January 29 Secondary Sources

February 3 Case Law - CO Li rt Systems and Reporter System~ Citalion

8 February 5 Case Law - Reading and Briefing Cases

9 February 10 Case Law - Reading and Briefing Cases continued

10 February 12 Case Law - in class research assignment and Shepardizing

11 Febr uary 17 Client Communications

J2 February 19 Client Communications cont inued

13 February 24 Drafting Legal Memoranda - Assign Memo 1

14 February 26 Legal and Ethical Obligations

IS March 3 CONFERENCES on Memo 1

lb March 5 CONFERENCES on Memo 1

------------------------------------------- ENJ OY YOU R S PR I N G B R EAK copy ---------------------------------------------------shy17 March 17 Constitutions Statutes Regulations and Court Rules

18 March 19 Constitutions Statutes Regs and Cou rt Ru les continued

19 Marcil 24 Statutes - Reading Interpreting and ApplYing

20 March 26 Statutes - in class research a~s ignmel1t

21 March 31 Shepardizing Statutes

22 April 2 Drafting Legal Memoranda - Assign Memo 2

21 April 7 Overview of Research Process

2middot1 April 9 CONFERENCES on Merna 2

25 April 14 CONFERENCES on Memo 2

26 April 16 Final Memo

L April 21 Overvi ew of Research Process

28 April 23 Overview of Research Process contlnLled

29 April 28 Final Memo - questions and support

30 April 30 Final Memo - questions and support

THIS SYLLABUS IS SUBJECT TO CHANGE

GRADE POLICIES

Grading Scale

bull A = 90-100

bull B = 80-89

bull C=70-79

bull D = 60-69

F = lt 59

Final grades may be adjusted upwards or downwards one grade level (eg from B to B+ or from B to B-) based on attendance and classroom participation An exceptional attendance record and thoughtful contributions to class may result in an upward adjustment Unexcused absences unpreparedness unprofessional conduct in the classroom or failure to meaningfully participate in c1lass may result in a downwards adjustment

Grade Components

bull Assignments 30 total grade

ICW Assignments 10 total grade

bull Written Client Communications 10 total grade

bull Memos 1 amp 2 10 total grade

bull Final Memo 40 total grade

Assignments may be (1) posted on Blackboard and due before class or (2) given in class

CLASS POLICIES

Class Attendance Class attendance is REQUIRED Students MUST arrive to class on time and stay for the duration of class Please read The Un iversity of Toledo s Missed Class Policy

Class Preparation and Participation Students must arrive to class prepared Students are encouraged to bring their laptops tablets or other electronic devices to access online resources as required in each class session

Professionalism Students are expected to conduct themselves in a respectable and professional manner while in class Written communications including emails should also be respectable and professional

As~gnments

Course materials and assignments are posted on the course website through Blaakboard available at httpsblackhoardutoledoedu Students are responsible for frequently accessing the course website and checking their rockets email for the latest information assignments and materials All writing assignments must be typed unless otherwise instructed and must follow the format announced in class for the particular assignment Assignments are due on the dates listed on the course Syllabus andor Blackboard website No late assignments will be accepted

Academic Dishonesty Academic dishonesty will not be tolerated Please read The Universitys Policy Statement on Academic Dishonesty

THIS SYLLABUS IS SUBJECTTO CHANGE

-

Copyright Notice The materials in this cou rse are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated

Americans with Disabilities Act The ADA requires that reasonable accommodations be provided for students with physical sensory cognitive systemic learning and psychiatric disabilities In accordance with the ADA and university policy if you have a documented disability and require accommodations to obtain equal access in this course please contact the instructor at the beginning of the semester to discuss any necessary accommodations Please

lcontact Student Disability Services for verification of eligibility at 419-530-4981 (vOi e) or 419-530-2612 (TDD)

TECHNICAL SUPPORT

Ifyou encounter technical difficulties with Blackboard please contact the UT Online Help Desk at (419) 530-8835 or utdlutoledoedu The Help Desk offers extended hours in the evenings and on weekends to assist students with technical problems When calling after hours leave a detailed message including your Rocket Number and phone number and an Online Learning staff member will respond on the next business day

Technical questions related to on-campus Internet access virtual labs hardware software personal website hosting and UTAD account management can be directed to UTs IT Help Desk at (419) 530-2400 or ithelpdeskutoledoedu

LEARNER SUPPORT

The University of Toledo offers a wide range of academic and student support services that can help you succeed

eTutoring Services The Ohio eTutoring Collaborative in partnership with The University ofToledo now provides online tutoring support for all UT students eTutoring Services are offered in a wide array of subjects including Writing Math Calculus Statistics Accounting Biology Chemistry and Anatomy and Physiology

eLibrary Services Portal The eLibrary is a customized gateway to UT Libraries for online students It was designed to help you locate the best online library resources without leaving Blackboard

Student Disability Services I Student Disability Services provides accommodations and support services to students with disabilities

Counseling Center The Counseling Center is the universitys primary facility for personal counseling psychotherapy and psychological outreach and consultation services The Counseling Center staff drovide counseling (individual and group) mental health and wellness programming and crisis intervention services to help students cope with the demands of college and to facilitate the development of life adjustment strategies

THIS SYLLABUS IS SUBJECT TO CHANGE

Page 3: Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research techniques, legal analysis, basic legal citation skills, and writing skills through use of

GRADE POLICIES

Grading Scale

bull A = 90-100

bull B = 80-89

bull C=70-79

bull D = 60-69

F = lt 59

Final grades may be adjusted upwards or downwards one grade level (eg from B to B+ or from B to B-) based on attendance and classroom participation An exceptional attendance record and thoughtful contributions to class may result in an upward adjustment Unexcused absences unpreparedness unprofessional conduct in the classroom or failure to meaningfully participate in c1lass may result in a downwards adjustment

Grade Components

bull Assignments 30 total grade

ICW Assignments 10 total grade

bull Written Client Communications 10 total grade

bull Memos 1 amp 2 10 total grade

bull Final Memo 40 total grade

Assignments may be (1) posted on Blackboard and due before class or (2) given in class

CLASS POLICIES

Class Attendance Class attendance is REQUIRED Students MUST arrive to class on time and stay for the duration of class Please read The Un iversity of Toledo s Missed Class Policy

Class Preparation and Participation Students must arrive to class prepared Students are encouraged to bring their laptops tablets or other electronic devices to access online resources as required in each class session

Professionalism Students are expected to conduct themselves in a respectable and professional manner while in class Written communications including emails should also be respectable and professional

As~gnments

Course materials and assignments are posted on the course website through Blaakboard available at httpsblackhoardutoledoedu Students are responsible for frequently accessing the course website and checking their rockets email for the latest information assignments and materials All writing assignments must be typed unless otherwise instructed and must follow the format announced in class for the particular assignment Assignments are due on the dates listed on the course Syllabus andor Blackboard website No late assignments will be accepted

Academic Dishonesty Academic dishonesty will not be tolerated Please read The Universitys Policy Statement on Academic Dishonesty

THIS SYLLABUS IS SUBJECTTO CHANGE

-

Copyright Notice The materials in this cou rse are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated

Americans with Disabilities Act The ADA requires that reasonable accommodations be provided for students with physical sensory cognitive systemic learning and psychiatric disabilities In accordance with the ADA and university policy if you have a documented disability and require accommodations to obtain equal access in this course please contact the instructor at the beginning of the semester to discuss any necessary accommodations Please

lcontact Student Disability Services for verification of eligibility at 419-530-4981 (vOi e) or 419-530-2612 (TDD)

TECHNICAL SUPPORT

Ifyou encounter technical difficulties with Blackboard please contact the UT Online Help Desk at (419) 530-8835 or utdlutoledoedu The Help Desk offers extended hours in the evenings and on weekends to assist students with technical problems When calling after hours leave a detailed message including your Rocket Number and phone number and an Online Learning staff member will respond on the next business day

Technical questions related to on-campus Internet access virtual labs hardware software personal website hosting and UTAD account management can be directed to UTs IT Help Desk at (419) 530-2400 or ithelpdeskutoledoedu

LEARNER SUPPORT

The University of Toledo offers a wide range of academic and student support services that can help you succeed

eTutoring Services The Ohio eTutoring Collaborative in partnership with The University ofToledo now provides online tutoring support for all UT students eTutoring Services are offered in a wide array of subjects including Writing Math Calculus Statistics Accounting Biology Chemistry and Anatomy and Physiology

eLibrary Services Portal The eLibrary is a customized gateway to UT Libraries for online students It was designed to help you locate the best online library resources without leaving Blackboard

Student Disability Services I Student Disability Services provides accommodations and support services to students with disabilities

Counseling Center The Counseling Center is the universitys primary facility for personal counseling psychotherapy and psychological outreach and consultation services The Counseling Center staff drovide counseling (individual and group) mental health and wellness programming and crisis intervention services to help students cope with the demands of college and to facilitate the development of life adjustment strategies

THIS SYLLABUS IS SUBJECT TO CHANGE

Page 4: Foundations of Legal Research Writing, The Bluebook ... 1160_Rumschlag.pdfdevelop research techniques, legal analysis, basic legal citation skills, and writing skills through use of

-

Copyright Notice The materials in this cou rse are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated

Americans with Disabilities Act The ADA requires that reasonable accommodations be provided for students with physical sensory cognitive systemic learning and psychiatric disabilities In accordance with the ADA and university policy if you have a documented disability and require accommodations to obtain equal access in this course please contact the instructor at the beginning of the semester to discuss any necessary accommodations Please

lcontact Student Disability Services for verification of eligibility at 419-530-4981 (vOi e) or 419-530-2612 (TDD)

TECHNICAL SUPPORT

Ifyou encounter technical difficulties with Blackboard please contact the UT Online Help Desk at (419) 530-8835 or utdlutoledoedu The Help Desk offers extended hours in the evenings and on weekends to assist students with technical problems When calling after hours leave a detailed message including your Rocket Number and phone number and an Online Learning staff member will respond on the next business day

Technical questions related to on-campus Internet access virtual labs hardware software personal website hosting and UTAD account management can be directed to UTs IT Help Desk at (419) 530-2400 or ithelpdeskutoledoedu

LEARNER SUPPORT

The University of Toledo offers a wide range of academic and student support services that can help you succeed

eTutoring Services The Ohio eTutoring Collaborative in partnership with The University ofToledo now provides online tutoring support for all UT students eTutoring Services are offered in a wide array of subjects including Writing Math Calculus Statistics Accounting Biology Chemistry and Anatomy and Physiology

eLibrary Services Portal The eLibrary is a customized gateway to UT Libraries for online students It was designed to help you locate the best online library resources without leaving Blackboard

Student Disability Services I Student Disability Services provides accommodations and support services to students with disabilities

Counseling Center The Counseling Center is the universitys primary facility for personal counseling psychotherapy and psychological outreach and consultation services The Counseling Center staff drovide counseling (individual and group) mental health and wellness programming and crisis intervention services to help students cope with the demands of college and to facilitate the development of life adjustment strategies

THIS SYLLABUS IS SUBJECT TO CHANGE