LAW C118: Legal Analysis and Briefing
Item | Value |
---|---|
Top Code | 140200 - Paralegal |
Units | 3 Total Units |
Hours | 54 Total Hours (Lecture Hours 54) |
Total Outside of Class Hours | 0 |
Course Credit Status | Credit: Degree Applicable (D) |
Material Fee | No |
Basic Skills | Not Basic Skills (N) |
Repeatable | No |
Grading Policy | Standard Letter (S) |
Course Description
Learn the methods and procedures of statutory and case law analysis, including proper briefing and persuasive writing techniques. ADVISORY: LAW C100, LAW C127 and/or LAW C128. Transfer Credit: CSU.
Course Level Student Learning Outcome(s)
- Apply the methods and procedures of legal analysis through case briefing.
- Formulate an internal legal memorandum using the proper structure that analyzes statutory and/or case authority given a factual scenario.
- Apply and evaluate the methods and procedures of legal analysis through persuasive legal writing.
Course Objectives
- 1. Explain sources and types of law, structure of the court system, and hierarchy of the law; explain when and how to apply legal authority.
- 2. Define legal analysis, including the elements of analysis and the way the elements apply to specific factual scenarios.
- 3. Utilize statutory authority in legal analysis.
- 4. Describe the role and importance of case briefing in legal analysis.
- 5. Brief a case utilizing the comprehensive method.
- 6. Identify the key facts in a clients case and a court opinion.
- 7. Identify the issue(s) in a clients case and a court opinion.
- 8. Phrase an issue both narrowly and comprehensively.
- 9. Determine whether a case is "on point," and explain what "on point" means in relation to case-law analysis.
- 10. Describe the use of counter analysis in both internal and external legal memorandum.
- 11. Explain the three stages of the legal writing process.
- 12. Describe the use of an expanded outline in legal writing.
- 13. Prepare an acceptable internal legal office memorandum.
- 14. Prepare an acceptable external legal memorandum.
- 15. Describe the structure and use of correspondence in a law office, including information, opinion, and demand letters.
Lecture Content
Analytical Principles and The Legal Process Legal Principles and Authorities (3 hours) Introduction to Legal Analysis (3 hours) Specifics of Legal Analysis Statutory Analysis (3 hours) Case Law and Case Briefing (3 hours) Key Facts (3 hours) Issue Identification (3 hours) Stating the Issue (3 hours) Case Law Application (3 hours) Counter Analysis (3 hours) Legal Writing The Writing Process (3 hours) Fundamentals of Writing (3 hours) Internal Memorandum: Issues and Facts (3 hours) Internal Memorandum: Analysis to Conclusion (3 hours) External Memorandum: Court Briefs (3 hours) Legal Correspondence (3 hours) Rule Based Reasoning Party Relationships (1 hour) Party Objectives (1 hour) Identification of Theories (1 hour) Exams (6 hours)
Method(s) of Instruction
- Lecture (02)
- DE Live Online Lecture (02S)
Instructional Techniques
Multiple methods of instruction will be used to enhance student understanding of the paralegal profession. Lectures, discussions, forums, interactive activities, and group projects will be utilized to facilitate the learning process. This class requires the use of various methods of audio visuals such as PowerPoint presentations, audio, and video.
Reading Assignments
Students will read from the course textbook as well as any other primary and/or secondary readings assigned by the instructor.
Writing Assignments
Students will be required to complete written homework assignments, write essays on the exams, and prepare a project paper discussing a topic as assigned by the instructor.
Out-of-class Assignments
Outside of the classroom students will complete the required readings; work on assigned papers, reports, and projects; study for tests; conduct research; and communicate with the instructor and/or fellow students through telephone, email, discussion boards, or virtual chat.
Demonstration of Critical Thinking
Students will analyze and apply the law to a set of facts to determine the appropriate outcome.
Required Writing, Problem Solving, Skills Demonstration
In-class discussions and group assignments applying rules and procedures of legal analysis.
Eligible Disciplines
Law: J.D. or LL.B NOTE: Courses in aspects of law for application to a particular discipline may be classified, for minimum qualifications purposes in the discipline of the application. Masters degree required.
Textbooks Resources
1. Required Putnam, W. Legal Analysis and Writing, 4th ed. Cengage, 2013 Rationale: This is one of the very few textbooks for paralegals that focuses on Legal Analysis without combining it with Legal Research. Very detailed and useful text with no substantive changes affecting the material since it was published Legacy Textbook Transfer Data: Legacy text 2. Required Strunk, W.; White, E. B. The Elements of Style, 4th ed. Pearson, 1999 Rationale: The Elements of Style is a seminal text for grammar. Legacy Textbook Transfer Data: Legacy text
Other Resources
1. Coastline Library