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Law 34 Spring 2012 Syllabus

Page history last edited by abogado 11 years, 11 months ago

                                                                                         

Syllabus 

Law  34 - Legal Research  – 3:00 Units 

Spring 2012 - Section # 0326 

 

  
Instructor:           David Jordan, Esq.

Office:                 Faculty Office #20

Office hours:       Wednesdays  4:00 – 5:00 PM, or by appointment.

Phone:                818/364-7720 - cell phone 818-415-2015

Email:                 abogado@pacbell.net

Moodle Page:      http://moodle.lamission.edu/course/view.php?id=1008

 

Textbook:           There is no required textbook for the class 

Classwiki:          http://legalresearch.pbworks.com/w/page/16128065/FrontPage
Legal Notes       
http://profj.us/legalnotes/

Course Description:    This course explores legal research. The student learns how to do legal research using primary and secondary legal resources and how to do federal and state law reporting.

Course Organization: Law 34  is organized into assignments, quizzes, a final legal research and writing project, and  and forum discussions. Read "Where to Start"

 

Student Learning Outcomes:    

Upon successful completion of this course, a student will be able to:


1. Brief law cases in  including subject areas of the law from all of the other law classes in our paralegal program 

2. Critically analyze and argue issues in case law, and learn the methods of finding and researching law cases.   see http://profj.us/leganotes

This includes the following:
1. Primary and Secondary Sources of the Law

2. Overview of legal research
3. Steps to take in Case Law Research
4. Intro to Basic Legal Citation
5. Statsky Carthwheel and developing "legal language"
6. Getting background information
7. Refining the statement of the "Legal Issue"
8. How to develop a legal argument
9. Finding constitutions, statutes, regulations, and ordinances
10. Improve your legal writing
11. Finding cases
12. Expand and update your legal research
13. How to write a legal memo - sample
14. Final Legal Writing and Research Paper 

3. Prepare a final legal research and writing paper. See format of the paper athttp://profjordan.pbworks.com/format . The final research paper will be in the form of a position or  argumentative paper. It will train the student in legal analysis, finding of law cases, and improving legal argumentation.  The paper will be graded by using the following grading rubric -
http://missionparalegal.pbworks.com/rubric-finalpaper

Students will read various law cases and write a case brief demonstrating their understanding and application of the essential facts and rules of law and legal principles of the case. see case brief rubric athttp://missionparalegal.pbworks.com/briefing

 
Skill Level:
 College level reading and writing; ability to access the internet.  Necessary skills include proficiency using a word processing program, including spell checker, using a web browser, sending and receiving email, saving documents as RTFs (rich text format), uploading and attaching documents.   

Estimated Time per Week:  10 hours (see Carnegie Rule)


Class format: 
The class is an entirely online class.  We use the Moodle Course Management System.    Carefully read our policies.

The class follows a weekly format. If you click on "Section Links" in upper left corner of your moodle class,  you will see the weekly assignments, quizzes, forums and activities. There are many opportunities for you to participate and earn points to attain a good grade.  

Online classes require your attention and effort.  If you fail to log into the class during the first two weeksyou will be excluded from the class.  There are activities and assignments each week; you will need to log into the class several times a week. 

To be a successful online/hybrid student, you need to do schedule a regular time for studying, read and complete on line activities, and more.  

 

Technical Requirements:  The minimum computer requirements are:  Computer, either a Macintosh or IBM compatible; modem, minimum 28.8, broadband or high speed internet access is preferred and is required to view the videos.  Software:  Web browser software, preferably Firefox 3.5 or Internet Explorer 8, an e-mail address and a word processing program. 

 
Get Firefox: http://www.mozilla.com/en-US/firefox/all.html 


Get Internet Explorer: http://www.microsoft.com/windows/Internet-explorer/default.apx


Get a free email account at: www.mail.google.com

Students who do not have regular computer access may use computers in the campus Learning Resource Center.  Be sure to save all your papers and assignments on a flash drive.


Course Login: 
 http://moodle.lamission.edu

 

First Assignment:  Introduce yourself to the class under the forum discussions for the first week.  This is where you will get to know your classmates. Post your introduction by Sunday evening, 11:55 pm, Februrary 19, 2012. You may be withdrawn from class if you do not post your introductions by the end of the 2nd week of class. 


Contacting Your Instructor:
  I check my email several times a day and respond to emails within 24 hours.  Please don’t hesitate to contact me with any questions; email me at: abogado@pacbell.net, in the subject line put: Law 34 #0326.  I am also available in-person or by telephone on Wednesdays, 4:00 – 5:00 PM.


Discussion Forums:
  The discussion forums are the main area for class participation.  The weekly discussions open on Mondays and close the following Sunday at 11:55 PM.  Initial posts are due by Wednesdays at 11:55 pm.  Initial posts should be at least two paragraphs in length (approximately 120-150 words), respond directly to the topic in a reflective manner, referencing the topic link and content provided, and applying the law or case materials.   Respond to at least two students to each forum by Sunday evening at 11:55 pm.  

CLASS BIOGRAPHIES/INTRODUCTIONS You will find your instructor's autobiography posted in the "Discussion Board" of the class website. Please post your bio in the discussion board by Friday of week one. In your bio, please be sure to include:

Your name,
Class level, 
Alternate email address, 
Academic accomplishments, 
Other items of interest, and 
Include any preliminary questions or concerns you have at this point.

DISCUSSION FORUMS: Every week a discussion questions posted to the website "FORUMS." You are required to post a answer to each discussion question by Wednesday of the forum week. Further, you are required to post, at least, one response to two or more of your classmates' initial responses. You are not required to respond to every classmate. You may, although this is a decision each student will make.  

Minimum THREE different days per forum week.  As we begin our online work together I want to discuss an important aspect of online learning, namely participation. Participation is an important part of this collaborative online learning environment. It is well documented that participation and collaboration does enhance learning & whether it be in-class or at a distance. You are encouraged to initiate and respond regularly and make sure your ideas are presented clearly and are substantive.  
Postings that lack substance will receive little or no credit.  For example, “I agree,”  “Good posting,” or similar messages that add little or nothing to the discussion will receive few, if any creditsDiscussions posted to the website are an important part of the learning that takes place in this class. In essence, we learn from each other. Share ideas or questions with your colleagues. Ask them questions. Share your own experiences. 

SOME SPECIFIC EXPECTATIONS ABOUT PARTICIPATION:

Class Meeting Discussions:

  • Please read, review, and reflect on each message PRIOR to posting to the forums. Remember: Others cannot get visual clues as to meaning, therefore, be careful in what and how you communicate. Once posted, messages cannot be deleted!
  • All postings to any meeting in this class are to be considered CONFIDENTIAL and for consideration and discussion only by members of this class.
  • Ask questions about areas of the subject that you wish to better understand or for clarification and/or amplification.
  • Read your classmates comments and presentations, and respond constructively.
  • Offer personal/professional experiences/observations relevant to the items being discussed.


Participation Rubric:

 

Unsatisfactory

Satisfactory

Exemplary

A minimum of 3 postings per forum on at least 3 separate days.

Less than 3 substantial postings.

Three requiredsubstantial postings.

More than the 3substantial required posting.  

Answers by Wednesday
- - - - - - - - - - - - - -
Respond to classmates by Sunday

Posting answers after Wednesday

Posting answers on  Wednesday

Posting answers before Wednesday

Well reasoned with appropriate analysis.

No response or lacks applicability.

Response is applicable, but may not be thorough or lacks depth.

Thorough response with appropriate depth.

Appropriate dialog with classmates

Responses do not clearly relate to topic.

Responses relate to topic.

Responses clearly relate to topic.

Appropriate grammar, spelling, and APA references.

Spelling and/or grammar errors.

No spelling or grammar errors..

No spelling, grammar errors, or punctuation errors.

 

 

 

 

Student deliverables should be submitted on the specified date by midnight of the student’s time zone. For purposes of scheduling, each week or module begins on Monday 12:01 AM and concludes the following Sunday at Midnight.   

 

EXPECTATIONS FOR WRITTEN WORK

VOCABULARY - You are expected to read and understand the material presented in the assigned text and articles you locate. 

FORMAT - Papers submitted should be written in accordance with the APABluebook, or other recognized formatting style

GRAMMAR - Use active voice in your writing. Also use the spelling and grammar check feature of your Word Processor before submitting your papers. 
 

 


 Homework Assignments:  Assignments require you to read and brief law cases. Read the information on"briefing law cases". Below is the grading rubric for your case "briefs"

CASE BRIEF GRADING RUBRIC

 

Outstanding

A

Proficient

B

Adequate

C

Inadequate

D/F

Case Name and Citation

 

Complete case name and properly formatted citation appear at the top of the case brief

Complete case name is provided but citation is incomplete

Complete case name is provided but no citation is give

Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.

Operative Facts

 

Operative facts are relevant to the issue being examined by the court and are logically organized.   

Facts are relevant to the question being answered but lack coherence or organization. 

Irrelevant facts are included.  Lack of logical organization.  

Relevant facts are omitted or lost in discussion of unrelated information.   

Procedural Facts

 

Procedural history of the case is clearly and logically presented in proper chronology.

Procedural history of the case is presented but chronology is confusing.

Some procedural history is presented.

No procedural history is presented.

Issue/Short Answer

 

Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.

Answer responds to question being posed.

Issue is separately articulated, but does not include all elements; applicable law, issue being examined and relevant facts.

Answer responds to question being posed.

Issue is not separately articulated, but implied through description of facts or discussion of law.

Answer does not respond to question being posed.

Issue is not articulated

 

No answer is given.

Law

 

Law is correct and is relevant to the question being answered.  Rule(s) of law succinctly paraphrased rather than quoted. 

Law is correct and is relevant to the question being answered, but is not paraphrased

Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.

Rules of law are omitted from answer or incorrect law is used.

Rationale

 

The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law. 

Law is applied to the facts, but the underlying rationale is not clear.  

Analysis is unclear, causing the reader to question whether the law is correct. 

 

No analysis of the law is given.

Writing Mechanics

Sentence structure, grammar, punctuation are substantially correct.

Each component‘s material is logically organized and presented in a clear, concise manner.

Sentence structure, grammar, punctuation are substantially correct.

Organization is logical but needs better consistency and clarity.

Adherence to rules of writing is poor.

Material lacks organization and/or is unclear, making it difficult to understand.

Rules of writing are ignored or misunderstood.

No apparent logic to the organization of the material.  Writing lacks clarity.

**above adopted from case grading rubric - AAFPE.org website

Students who plagiarize will receive zero credit on the assignment.


 

Quizzes:  The class is divided into weekly quizzes (which is primarily finding law cases)  which are submitted under moodle (they are not timed quizzes like other classes). This is 30% of your grade.

Assignments: This includes performing legal research and finding law cases.  This is 30% of your grade. 

Final Writing and Research Paper.  You will follow the format for your paper at  . This is 25% of your grade. 

Forum Discussions: 
The class is divided into weekly discussion forums. This is 15% of your grade.


Late Assignments  
 Our "Late Work"  Policy is firm.  

 

Dropping your class/Exclusion: May 6, 2012 is the last day to drop the class with a "W"

College regulations state that a student may be excluded from a course following accumulation of absences equal to a week of course work.  The 12th week of class is the last date a student may drop a class with a "W".  (or the 8th week in a "Late Start" class). Thereafter, the student must receive a grade in the class.

 

If a student has a accumulated score of 50 or below in the 12th week (or the 8th weeek in a "Late Start" class) , it is deemed that the student has accumulated absences in excess of a week of course work, and the instructor MAY, but is NOT required to DROP the student from class, with or without notice. It is the sole responsibility of the student, and not the instructor, to drop the class

In addition, students who fail to login and post their introduction to class within the first (ten) days of class may be dropped from their online class. 

 

 

Grading Policy:  Letter grades will be determined based upon the following:

 

Grade Distribution
 

Tests  are 30% of your grade

Assignments  are 30% of your grade

Final Legal Research and Writing Paper  = 25 % of your grade

Discussion Forums = 15% of your grade and entered at the end of the semester


                         

Grade Scale:         A        90-100                    

                            B        80-89

                            C        70-79

                            D        60-69

                            F        ≤  60

 

Please note that a grade of C or higher is required for each of the 12 paralegal certificate classes.

 

Points will be posted on the class website after each activity closes. 

 

Reasonable Accommodation:   For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement.  The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732. see their website at http://lamission.edu/dsps


Important Dates

 

Website opens      Sunday 2/5/12  at 6 pm

 

February 05, 2012
Residency Determination Date for Spring 2012.
 
February 06, 2012
Day and Evening Classes Begin for Spring 2012.
 
February 11, 2012
Saturday Classes begin for Spring 2012.
 
February 17, 2012 - February 20, 2012
HOLIDAYS PRESIDENT'S DAY (COLLEGE CLOSED).
 
February 21, 2012
Last day to DROP with our incurring fees or with a REFUND for Spring 2012.
 
March 04, 2012
Last day to DROP without a "W" (No REFUND).
 
March 09, 2012
Last day to petition for Credit/No-Credit for Spring 2012.
 
March 09, 2012
Last day to do Section Transfer for Spring 2012.
 
March 29, 2012
Deadline to petition for Spring/Summer 2012 graduation.
 
March 30, 2012
CESAR CHAVEZ DAY (COLLEGE CLOSED).
 
April 02, 2012 - April 09, 2012
SPRING BREAK.
 
May 06, 2012
Last day to DROP with a "W".
 
May 26, 2012
Classes end for Spring 2012.
 
May 28, 2012 - June 04, 2012
FINAL EXAMS FOR SPRING 2012.
 
May 28, 2012
MEMORIAL DAY(COLLEGE CLOSED).
 
June 05, 2012
Graduation Day for Spring 2012.

 

Calendar of Activities

 

Week 1 - Due 2/12/12

 

Week 2 - Due 2/19/12

 

Week 3 - Due 2/26/12

 

Week 4 - Due 3/4/12

  • Read Steps to Take in case law research -http://profj.us/24sp/law34/steps.htm
  • #4  Yelling Fire case
  • #5 "Constructive Possession" in Criminal Law cases
  • Test #B  Crib/Manger case
  • post to discussion forum

 

Week 5 - Due  3/11/12

  • Read Introduction to Basic Legal Citation - http://www.law.cornell.edu/citation/index.htm
  • #6  "Resolution of Conflicts" - Calif. Appellate case 
  • #7 Student's Vulgar Blog
  • Test #C case - Prosecutorial Misconduct
  • post to discussion forum

 

Week 6 - Due 3/18/12

  • Read "Developing Keywords" to do Legal Research - http://www.profj.us/keywords/
  • #8 case - Alcohol related student death
  • Test #D - JD Salinger and"Catcher in the Rye" 
  • Test #E - Post your Research Topic for your Research Paper
  • post to discussion forum

 

Week 7 - Due 3/25/12

  • Read Getting Background Information - http://profj.us/25sp/law34/background.htm
  • #9 case - Regulating Manufacturing of Goods  
  • #10 case - Reporter's right to use a camera to record a performance and play it claiming it is news
  • Test #F case - Affirmative Action   
  • post to discussion forum

 

Week 8 - Due  4/1/12

  • Read Refining Statement of the Legal Issue - refining legal issues
  • Read How to Develop a Legal Argument - developing your legal argument
  • #11 - 2nd amendment & Individual's Right to Possess a Firearm
  • #12 - City employees sue based upon "race based" discrimination
  • Test #G case - Is an Arbitration Clause which includes "claims for discrimination" enforceable?
  • post to discussion forum

 

Week 9 - Due 4/8/12

  • Read Finding Constitutions, Statutes, Regulations and Ordinances - http://profj.us/25sp/law34/finding.htm
  • #13 case - In a Rico case, does plaintiff require standing?
  • #14 case - Does police violate 4th amendment by allowing a police dog to search for an intoxicated minor?
  • Test #H case - Whether an inmate poses a current threat to public safety?
  • post to discussion forum
  • Spring Break 4/9/12 - 4/15/12 

 

Week 10 - Due  4/22/12

  • Read Finding cases - http://profj.us/legalnotes/findingcases.htm
  • #15 case - Freedom of Information Act - exemption for "personal privacy" and corporations.
  • #16 case - Use of DNA evidence to prove innocence
  • Test #I - Can inmate freed after prosecutorial misconduct sue the prosecutor's office
  • post to discussion forum 

 

Week 11 - Due  4/29/12

 

Week 12 - Due 5/6/12

Week 13  - Due 5/13/12

 

  • Read How to Write Legal Memorandums - sample
  • #19   Software Developers Case
  • #20  State Regulation of the Bedroom
  • Test #N Post your footnotes - law34-footnotes for your Final Research Paper - you must include your cases and codes upon which you support your "thesis" 
  • post to discussion forum

     

Week 14 - Due 5/20/12

Week 15 - Due 5/27/12

 

Week 16 - Due 6/3/12

  • Take End of Class Survey
  • What did you learn in Legal Research Class Forum

    updated: 1/16/12 

 

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