Legal Research and Writing 1 1* Semester Ateneo de Naga University College of Law Course Description ‘This is the first course following a consolidated approach in providing the student with legal skills in analysis, writing and research in one continuum. It includes legal techniques and logic ‘and the methodology of legal research for the preparation of pleadings, legal opinions, memoranda, or expository or critical papers on legal subjects, and shall introduce the student as well to legal writing techniques and its various aspects: applied legal bibliography, case digesting and reporting analysis, legal reasoning and preparation of pleadings, legal opinions oF ‘memoranda, ‘Course Objectives: At the end of the semester, the students should have developed skills in finding laws and {jurisprudence to answer legal questions, writing case digests, applying legal reasoning using the TRAC format. The students are expected to be able to write a simple legal memorandum using proper citations. Students must be able to extract rules from legal provisions and court decisions and apply these rules to a set of facts. Students are also expected to identify precedents and how these are applied or overturned. Grading: Students will be graded through their writing outputs, class participation, and examinations. Writing exercises (case digest, memoranda, ete.) - 30% Class participation (attendance and recitation) - 20% Mid-term exam = 20% Final Exam: - 30% TOTAL = 100% Assignments: Writing assignments will be given in the course of the semester. There will be individual and ‘group assignments, This syllabus is a guide on how the class will proceed. There might be changes during the semester depending on how the class is progressing.Week 1 (June 17) — Overview of the Course/Laying the Field How to write a case digest Michael D. Murray & Christy DeSanetis, Preparing a Case Brief or Case Analysts for Class in ‘Objective Legal Writing and Analysis 225-228, 2006 How to spot the issues and rulings of the court Assignment: Write a case digest of a court decision of your choice. Week 2 (June 24) Submission and discussion of the case digests. Identifying legal issues and ruling Distinguishing ratio decidendi from obiter dictum Understanding how the court applied the rule to the facts, Week 3 (July 1) Introduction of the IRAC Structure Week 4 (July 8) Diagnostics for writing a memo Diagnostics for applying a rule to a set of facts Week 5 (July 15) Legal problem solving and the Legal Memo For Whom? Format Contents Language and Style Week 6 (August 5) - Midterm Exams Week 7 (August 12) Primary and Secondary Sources Finding the law, library and online search ‘Amended and repealed statutes Supreme Court decisions, online and offline search. Shepardizing Week 8 (August 19) All About Citations Feliciano, Myra S., Philippine Manual of Legal Citations ‘The Bluebook Week 9 (August 26)Exercises: Finding the applicable law Searching for precedent Solving a hypothetical legal problem: Getting the facts straight Formulating the issues Determining applicable statutes Applying precedents Assignment: Students will be given a hypothetical situation and they will determine the applicable law and jurisprudence. ‘Week 10 (September 9) Predictive Writing The Office Memo The Client Advice Letter Assignment: Writing an office memo and a client advice letter Week 11 (September 23) Feedback and Critique of Written Outputs Common Mistakes and How to Avoid Them Use of Plain English in Legal Writing Submission of a legal problem the student wishes to research on Week 12 (September 30) More Exercises in Solving a Legal Problem ‘Writing with clarity Assignment of a legal problem to be addressed in a memo Week 13 (October 7) ‘Searching for laws and jurisprudence applicable to the case assigned Week 14 (October 14) ~ Final Exams ‘Submission of legal memos