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Michigan State University College of Law
 
 Research, Writing & Advocacy I
Fall 2004
 
 Part I. RWA Matters
 
 Part II. Week-by-Week Schedule for RWA and WSW
 
 Part III. WSW Matters
 
PART I. RWA MATTERS
 
 Course Objectives
 

The Research, Writing & Advocacy Program at MSU Law consists of two courses required of all entering first-year law students: Research, Writing & Advocacy I (“RWA I”) and Research, Writing & Advocacy II (“RWA II”). Each course is graded and worth two credits. In the fall RWA I introduces students to legal analysis, objective legal writing, the basics of legal research, and basic citation form. In the spring RWA II focuses on developed legal analysis in the context of persuasive writing and continues to develop research, writing, and citation skills.

One component of RWA I is the Writing Skills Workshop (“WSW”), taught by graduate English students in consultation with the RWA faculty. WSW helps first-year law students to review and master the basics of good writing. Successful completion of WSW is a requirement for graduation.
 
Texts Required:
  1. The Bluebook: A Uniform System of Citation (17th ed. 2000) (“BB”).
  2. Tracy L. McGaugh et al., Interactive Citation Workbook for The Bluebook: A Uniform System of Citation (2004).
  3. Helene S. Shapo et al., Writing and Analysis in the Law (rev. 4th ed. 2003) (“Shapo”).
  4. Amy E. Sloan, Basic Legal Research: Tools and Strategies (2d ed. 2003) (“Sloan”).
  5. Richard C. Wydick, Plain English for Lawyers (4th ed. 1998).
 
Recommended Materials
  1. A legal dictionary, such as Black’s Law Dictionary.
  2. A college-level dictionary.
  3. A thesaurus.
 
Course Policies
  
RWA Web Page: During the semester, various RWA program-wide documents will be placed on the web at <www.law.msu.edu/rwa>.
  
Student Policies: Consult the RWA Program Student Policies, a document distributed to all incoming students at Orientation and available on the RWA web page.
  
Attendance: Students are expected to attend all scheduled RWA classes, including any extra lectures that may be assigned. Students are allowed only one unexcused absence during the semester. Unexcused absences beyond this limit will reduce your final grade in RWA I by 25 points per absence. Students remain responsible for all materials, information and assignments covered during a missed class, excused or unexcused.
  
Format of Assignments: Unless otherwise indicated, all assignments for RWA should be typed on 8 ½" by 11" paper in normal font size (12 point) with 1" margins on all sides.
  
Late Assignments: Written assignments due in class are due at the beginning of the class and are late if submitted after the class begins. The grade on a late assignment will be reduced by 10% of the grade earned for each day (or part thereof) that the assignment is late. Computer failures and printer problems are not valid excuses for late submissions. If you are unable to hand in your assignment on time, you must contact your instructor to make arrangements for submitting the assignment.
  
Individual Conferences: In the second part of the semester each student must attend a mandatory conference with his or her RWA professor to discuss the Open Research Memo assignment. Your RWA professor will make available a sign-up schedule as the time of the conferences approaches. It is each student’s responsibility to sign up for such a conference.
  
Class Participation: Students are expected to be prepared to participate in each class. RWA professors may assign small in-class or out-of-class assignments as part of the class participation grade. Such assignments may include unannounced in-class quizzes.
  
Document Retention: On February 1st of the Spring Semester 2004, your RWA instructor may destroy copies of any written RWA I work that you did not collect.
  
Grading Policy
As stated in the Faculty Policy Manual, the same standard grading curve that applies to upper-level courses also applies to RWA. Your grade for RWA will be based on the total number of points that you have earned. As noted in the RWA Program Student Policies handout, points are assigned for the Fall Semester on the following basis:
   
Assignment
Total Points
Due Date
Returned
Class Participation (including 20 pts. for initial Case Brief, due during Week 1)
120
Ongoing
  
Writing Skills Workshop
170
Ongoing
  
One-Element Analysis
Assigned Week 1
100
Week 3
(Aug. 30-Sept. 3)
 Week 4
Closed Memo
Assigned Week 3
200
Week 5
(Sept. 13-17)
 Week 9 (available for pick-up as of Tuesday, Oct. 12)
Common-law Research / Client Letter
Assigned Week 5
120
Week 7
(Sept. 27-Oct. 1)
 Week 9
Open Book Citation Exam (1)
80
Week 7
(Sept. 27-Oct.1)
 Week 9
Statutory Research
Assigned Week 7
80
Week 9
(Oct. 11-15)
 Week 10
Closed Memo (2) Rewrite
Assigned Week 9
150
Week 10
(Oct. 18-22)
 Week 13
Open Memo Conference
(Open Memo Assigned Week 10)
50
Weeks 12 & 13
(Nov. 1-12)
 Start of Spring Semester
Closed Book Research Exam
50
Week 14
(Nov. 15-19)
 Start of Spring Semester
Open Book Citation Exam (2)
80
Week 14
(Nov. 15-19)
  
Open Memo
550
Week 15
Tuesday, Nov. 23
  
Total
1750
 
  
If you pass WSW, you will receive from 110 to 170 points, depending on your effort and improvement in the class. (See discussion under Part III, WSW Matters.) If you do not pass WSW this term, you will receive zero of 170 points toward your final RWA I grade. If you pass RWA I but fail WSW, you will have to re-take WSW in Spring 2005.
Requirements for Written Assignments
1. Follow the specific format rules and suggestions for each assignment.
2. When turning in an assignment, staple all pages together and place your name and your RWA professor’s name on the first page. Please: staple your assignment – do not use paper clips, plastic bindings, etc.
3. You are responsible for keeping copies of all your papers throughout the semester until semester grades are due. Thus, keep an extra hard copy of each assignment that you submit in this course. (Either print out two copies or make a photocopy.) If a submitted assignment is misplaced, you will be responsible for furnishing a replacement copy.
   
  Finalizing Your Work Product
4. Run spell check (and, if you find it useful, grammar check) before turning in each assignment, but do not rely solely on these tools. Proofread with care.
5. Before handing in an assignment, print one last draft and visually check your headings, page numbers and the page limit.
6. Re-read your last draft and edit it by hand on paper.
7. Type your corrections and print the new version to submit to your RWA professor.
 
PART II. WEEK-BY-WEEK SCHEDULE
RWA Reading
RWA Class Topics
 RWA Assignments Week WSW Class Topics WSW Assignments

–Shapo: Ch. 4 & 6 (pp. 89-112; 131-139) & Appendices C & D (pp. 515-527)
–Sloan: Ch. 1 & 2 (pp. 1-10; 19-23)

 1) Overview of RWA
2) Anatomy of a Lawsuit
3) Short Review of Case Briefing		 ASSIGNED:
–Case to be briefed		 Orientation, August 12 Overview of WSW

Diagnostic Test		 ASSIGNED:
–Short essay
–BB: Rules 10.3.1, 10.9; P.4-P.4 (pp. 14-16)
–McGaugh: 25-30, 35-38		 1) Review of Case
Briefing
2) Intro to IRAC Organization
3) Discussion of One-Element Analysis assignment
4) Rule synthesis
5) Plagiarism (from Student Policies handout)		 HAND IN:
– Case Brief
– Student Info Form

ASSIGNED:
–One-Element Analysis		 Week 1 (Aug. 16-20) Writing Assessment Test returned and reviewed

Basics of the Business Letter

Discussion of short business letter assignment		 HAND IN:
–Short essay

ASSIGNED:
– Pattern of Errors Sheet
–Shapo: Ch. 5, 7, & 8 (pp. 113-129; 141-178)
–BB: pp. 3-6; 11-13 & Rule 10.1-10.2.2 & Table 6
–McGaugh: pp. 1-5		 1) IRAC structure (continued)
2) IRAC context: introduction to memo structure
3) Rule synthesis (continued)
4) Introduction to BB citation form: case names		 ASSIGNED:
– BB Citation Ex. 1 (case names)		 Week 2 (Aug. 23-27) Short essays returned

In-class review of an IRAC analysis		 HAND IN:
– Pattern of Errors Sheet
– Short business letter

ASSIGNED:
–Rewrite of short essay
– Short business letter
– Wydick chapters 1 and 2. Do all exercises.
–BB: Rules 10.3.2, 10.4-10.5 & Tables 7 & 11
–McGaugh: pp. 9-14; 17-21		 1) Review of One-Element Analysis
2) Intro to Closed Memo assignment
3) BB: case citations (reporter “address” and court/date parentheticals)		 HAND IN:
– One-Element Analysis
– BB Citation Ex. 1

ASSIGNED:
– Closed Memo
– BB Citation Ex. 2 & 3 (case location and court/ date parentheticals)		 Week 3 (Aug. 30-Sept. 3) Introduction to writing process HAND IN:
– Rewrite of short essay

ASSIGNED:
–Out-of class IRAC Evaluation
– Shapo Chapter 8
– Write one paragraph describing your writing style.
–Shapo: Ch. 4 & 6 (pp. 89-112; 131-139) & Appendices C & D (pp. 515-527)
–Sloan: Ch. 1 & 2 (pp. 1-10; 19-23)		 1) Discussion of Closed Memo problem; chart of case law
2) Thesis paragraph of a Discussion section
3) Discuss goals of parts of memo (Facts, QP, SA)
4) Introduction to research (preparation for Short Tour)		 HAND IN:
– BB Citation Ex. 2 & 3

ASSIGNED: –Research Tour (short)		 Week 4 (Sept. 7-10) No classes meet on Labor Day, Monday, Sept. 6. Active and Passive Voice HAND IN:
–Out-of class IRAC Evaluation

ASSIGNED:
– Wydick chapter 4
– All Exercises
– Bring in to next class draft of relationship element of Closed Memo
–BB: Rules 10.3.1, 10.9; P.4-P.4 (pp. 14-16)
–McGaugh: 25-30, 35-38		 1) Review of portion of Closed Memo
2) Introduction to Research (cont’d) (discussion of Short Tour; preparation for Long Tour)
3) BB: parallel citations; short case citations

HAND IN:
–Closed Memo

ASSIGNED:
– Research Tour (long)
– BB Citation Ex. 4 & 5 (parallel and short citations)
– Citator training: sign up for sessions with Westlaw and Lexis (tentatively Sept. 20-28)

 Week 5 (Sept. 13-17) In-class peer review of one element of Closed Memo HAND IN:
–Exercises from Wydick

ASSIGNED:
–Wydick chapter 9
– Exercises 18 #2 and #3; 18A (p. 162-3) posted on TWEN
–Shapo: Ch. 15 (pp. 297-317)
–Sample Narrative Research Logs (available on RWA Web page)
–Sloan: Ch. 3, A-B; Ch. 4, A-C; Ch. 5, A-E (pp. 25-47, 73-94, 123-141)		 1) Discussion of research and Review of Long Tour
2) Updating case law: preparation for electronic citator training
3) Discussion of research assignment and client letter
4) Review of client letter form
5) Review for BB quiz		 HAND IN:
– BB Citation Ex. 4 & 5
– Complete Long Tour

ASSIGNED:
– Common-law Research and client letter
– Citator training: sign up for sessions with Westlaw and Lexis		 Week 6 (Sept. 20-24) Effective Paragraphs and Whole Document Organization HAND IN:
–Wydick Exercises

ASSIGNED:
–Out-of-class peer review of full Closed Memo
– Shapo 9
– Exercises 9B #3
–Shapo: Ch. 3 (pp. 65-88)
–Sloan: Ch. 6, A-C (pp. 151-171)
–BB: Rules 11-12
–McGaugh: 43-47, 51-53, 57-59		 1) Review of common-law research problems
2) Introduction to statutory research & statutory analysis
3) Discussion of Statutory Research assignment
4) Intro to BB: statutes
5) BB Quiz (30 minutes)		 HAND IN:
– Common-law research & client letter
– BB Quiz 1 (on case citations)

ASSIGNED:
– Statutory Research
– BB Citation Ex.6, 7 & 8 (statutes)		 Week 7 (Sept. 27-Oct. 1) General discussion of peer reviews

Base Verbs, Nominalizations, and Precision with Language.		 HAND IN:
–Out-of-class peer review of Closed Memo

ASSIGNED:
– Self evaluative essay
– Wydick chapters 3, 5, and 6
– Exercises: ch. 3 all, ch. 5 all, ch. 6 #10, #12, #14
      Week 8 (Oct. 4-8) FALL BREAK    
–Shapo: Ch. 11 (pp. 225-252) 1) Review of statutory research assignments
2) Review of BB quiz
3) Discussion of problems of Closed Memo		 HAND IN:
– Statutory Research
– BB Citation Ex.6, 7 & 8 (federal and state statutes, long and short forms)

ASSIGNED:
– Rewrite of Closed Memo		 Week 9 (Oct. 11-15) Peer review of Closed Memo returned and discussed

Quotations Lecture Part 1		 HAND IN:
– Self-evaluative essay

ASSIGNED:
–No additional assignments
–Shapo: Ch. 12 (pp. 253-273)
–Sloan: Ch. 11 (pp. 327-345)
– BB: Rule 10.7 & Table 9
– McGaugh: 71-78		 1) Discuss Open Research Memo assignment
2) Discuss research strategies
3) BB: prior and subsequent case history		 HAND IN:
–Rewrite of Closed Memo

ASSIGNED:
– Open Research Memo (find governing test for next class)
– BB Citation Ex. 10 (prior and subsequent case history)		 Week 10 (Oct. 18-22) Self-evaluative essay returned and discussed

Quotations Lecture Part 2

Conciseness		 HAND IN:
–No assignments

ASSIGNED:
–Rewrite of common-law client letter from RWA
– Wydick chapters 7 and 8
– Exercises: ch’s 7 and 8 ALL
– BB: Rule 5 1) Discussion of legal test involved in memo
2) Quotations
3) Oral Reports to Assigning Attorneys		 HAND IN:
– Governing test for Open Research Memo
– BB Citation Ex. 10 (case history)

ASSIGNED:
– Quotation exercise		 Week 11 (Oct. 25-29) General introduction to persuasion HAND IN:
–Rewrite of common-law client letter from RWA
– Wydick exercises

ASSIGNED:
– Persuasive letter
– Shapo 276-285
  1) Review of sections of memo
2) Review of structure of questions presented and short answers
****
Conferences begin during this week. (Each student must come to the conference with the Open Memo Analysis Sheet or outline completed.)		 HAND IN:
– Quotation exercise		 Week 12 (Nov. 1-5) Open memo self evaluation

Sentence Structure		 HAND IN:
– Persuasive letter

ASSIGNED:
– Shapo chapter 10
– Exercises 10a and 10b
  1) Review of BB citation form for quiz
2) Review of points about legal research for quiz
3) Continued discussion of Open Memo points
****
Conferences continue during this week.		   Week 13 (Nov. 8-12) In-class peer review of persuasive letter HAND IN:
–Shapo exercises

ASSIGNED:
– Rewrite of persuasive letter
  1) Editing and proofreading; possible peer review
2) Course evaluations
3) Open BB citation exam (2) (40 min.) & Closed book research exam (20 min.)
HAND IN:
– BB Citation Exam (2)
– Research Exam 		Week 14 (Nov. 15-19)
Last RWA and WSW Classes		 – Outcome Assessment
– Evaluations 		HAND IN:
–Rewrite of persuasive letter
  NO RWA CLASS HAND IN:
Open Research Memo – Tues., Nov. 23		 Week 15 (Nov. 22-24) Thanksgiving Break, Nov. 25-26 NO WSW CLASS  
  NO RWA CLASS   Week 16 (Nov. 29-Dec. 1) Classes end on Wednesday, December 1. NO WSW CLASS  
 
 
PART III. WSW MATTERS
 
Workshop Objectives
 

The Writing Skills Workshop (“WSW”) is part of Research, Writing & Advocacy I (“RWA I”), the first course of the two-course RWA sequence required of all entering first-year law students. WSW focuses on reviewing basic writing skills, improving students’ writing style, and developing writing and analytical skills through the writing, rewriting, and peer editing of objective legal memoranda and client letters.

All WSW instructors work in consultation with the RWA faculty to help students review and master good legal writing and legal analysis.
 
Texts Required:
  1. Helene S. Shapo et al., Writing and Analysis in the Law (rev. 4th ed. 2003) (“Shapo”).
  2. Richard C. Wydick, Plain English for Lawyers (4th ed. 1998).
 
Recommended Materials
  1. A college-level dictionary
  2. A thesaurus
 
Course Policies
 
Student Policies: The RWA Program Student Policies handout issued to you during Orientation applies to WSW. It is also available on the RWA web site at <www.law.msu.edu/rwa/index.html>.
 
Attendance: Success in WSW requires preparation for and participation in class. All students are expected to attend all scheduled class sessions. A sign-in sheet will record attendance; it is a student’s responsibility to sign such sheet. Students are allowed only one unexcused absence during the semester. Unexcused absences beyond this limit will reduce the points earned in WSW by 25 points per absence. Students are responsible for all materials, information, and assignments covered during a missed class.
 
Late Assignments: Written assignments are due at the start of class and are late if turned in after the class begins. The score on a late assignment will be reduced by 10% of the grade earned for each day (or part thereof) that the assignment is late. This policy will be strictly observed. Computer failures and printer problems are not valid excuses for late submission of assignments.
 
Format of Assignments: Unless otherwise indicated, all assignments for WSW should be typed
13 on 8 ½" by 11" paper in normal font size (12 point) with 1" margins on all sides.
 
Individual Conferences: Any student who earns less than a low check on any assignment should contact and arrange to meet with his or her WSW instructor during the following week to discuss the assignment.
 
Document Retention: After February 2004, the RWA Program may destroy copies of any written work from WSW that a student has failed to collect from his or her RWA teach
 
Grading Policy
 

According to the Faculty Policy Manual, every student must pass both RWA I and WSW in order to graduate from MSU Law. WSW is a component of RWA I and, in Fall 2004, is worth 170 points in RWA I.

A student who performs above average in WSW will receive all 170 points toward his or her RWA grade. A student who performs only at an average level will receive only 140 of 170 WSW points toward his or her RWA grade. A student who performs in a sub-par manner will receive only 110 of 170 points toward his or her RWA grade. A student who fails WSW will receive zero of 170 points toward his or her RWA grade. Students who pass RWA I but fail WSW will be obliged to retake WSW until they pass it.

Shortly after Fall Break, your WSW instructor will give you a tentative assessment of your progress in WSW. Your WSW assignments will be graded on a check scale: check plus; high check; check; low check; check minus. Please note: A student cannot pass WSW unless he or she hands in all required assignments.

Assignments are weighted from 1 to 4. That means that if you earn a check on an assignment having a weight of 4, that is the equivalent of earning four checks. Similarly, if you earn a check plus on an assignment having a weight of 2, that is the equivalent of earning two check pluses.
 
WSW Waiver
 
All students must attend the first seven weeks of WSW. Based on their performance on the Diagnostic Test and initial essay required of all students, as well as performance on a special essay written in an exam-like situation, certain students may be allowed to waive out of WSW after the first seven weeks. Students eligible for waiver from WSW will be informed of their eligibility and of the time of the special essay after the first three or four weeks of WSW. A student who is able to waive out of WSW will receive all 170 points toward his or her RWA grade.
 
WSW Assignment
Weighted Units
Due Date
Class Participation and Professionalism
4
Ongoing
Pattern of Errors Sheet
1
Week 2
Short Business Letter
2
Week 2
Rewrite of short essay
2
Week 3
Out-of-class IRAC Evaluation Exercise (review of one IRAC)
2
Week 4
Out-of-class peer review of Closed Memo (review of memos exchanged between students)
3
Week 7
Self-evaluative essay
2
Week 9
Rewrite of common-law client letter from RWA
3
Week 11
Persuasive (non-legal) Letter
2
Week 12
Persuasive (non-legal) Letter Rewrite
3
Week 14
Total
24 weighted units
 
 
WSW READINGS AND ASSIGNMENTS
 
Please note: your WSW instructor will assign readings and exercises on various topics throughout the semester. During the course of the semester, you will discuss some or all of these following topics, based on the needs of you and your classmates:
 
  Conciseness Parallel structure  
  Good basic syntax Correct placement of modifiers  
  Use of active versus passive verbs Proper use of punctuation  
  Avoiding nominalizations Good paragraph structure  
 
“TBA” in the week-by-week schedule means “to be announced.” Your WSW instructor will tell you what to read for the following class meeting and which exercises to do; he or she will also post such reading and assignments on a TWEN page or in a class e-mail. During the course of the semester, you can expect to read the Wydick book in its entirety, as well as writing-related chapters in Shapo.
 

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