LAW149H1 F LEC0101 20219:First Year: Legal Research & Writing

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LEGAL RESEARCH AND WRITING (LAW149H1F-0101)

Tuesdays, 9:00 – 10:50 am

J130

Katherine Vitale Lopez

katherinevitale.lopez@utoronto.ca

 

COURSE DESCRIPTION: This course introduces students to the way lawyers analyze, research and write about the law. Students will learn these skills by participating in class discussions, working on in-class exercises, conducting research and writing legal prose.

 

COURSE OUTLINE

Class

Date

Topic

1

9/7

Introduction to legal writing, research, and analysis

2

9/14

Analytical foundations (Part I): legal reasoning and using legal authority

3

9/21

Analytical foundations (Part II): case synthesis

4

9/28

Research foundations: planning for research; using and citing secondary sources

5

10/5

The memorandum of law (Part I): form and purposes

6

10/12

The memorandum of law (Part II): writing an analysis 

7

10/19

Case law research (Part I): using finding tools; history of reporting; online research

8

10/26

Case law research (Part II): online research, cont.; using and citing cases

9

11/9

Researching legislation and regulations (Part I): using finding tools; online research

10

11/16

Research legislation and regulations (Part II): using statutes in analysis; citing legislation

11

11/23

Putting it all together: supporting legal arguments with research and citation

12

11/30

Writing mechanics (Part I): revising for content and organization

13

12/7

Writing mechanics (Part II): plain-language, conciseness and grammar

 

COURSE MEETINGS: This class meets once a week for 1 hour and 50 minutes in person. More information to come from the administration about remote access to class.

  • CLASS PREPARATION: In addition to the time spent attending class, you may also have cases and materials to read and exercises to complete (and sometimes submit) in advance of class.

 

  • ADDITIONAL MEETING: A librarian-led session will be held on September 10th from 10:00 am to 12:00 pm in Moot Court Room (J250) (see “Mandatory First Year Dates”).

 

ATTENDANCE: The law school expects full course attendance. I will be checking attendance.

 

OFFICE HOURS: I will hold in-person office hours on Tuesdays and Thursdays by appointment. Please email me to set up an appointment. If you do not want to meet in person, we can meet via Zoom. You may also e-mail any questions and concerns. In some cases, it may make sense to schedule a meeting for more complex questions or concerns.

 

REQUIRED TEXTS:

 

 

OTHER COURSE MATERIALS: Slides, assignments, exercises, and supplementary readings are available on the course’s Quercus page.

 

EVALUATION: Written assignments (90% as follows), participation[1] (10%)

Element

Weight

Description

Length[2]

Assigned

Due

Assignment 1

20%

Case comment

600 words

Sept 21

 

Sept 28

 

Assignment 2

30%

Memorandum of law I

1500 words

Oct 12

 

Oct 26

 

Assignment 3

40%

Memorandum of law II

2000 words

Nov 23

 

Dec 20

 

All assignments should be submitted to the Records Office at assignments.law@utoronto.ca.

ELECTRONIC DEVICES AND INTERNET POLICY: I encourage you to bring a laptop or tablet (not a phone) to class because we will use the Internet to conduct legal research and access documents. But I ask that you respect our time together by giving the class your undivided attention. Please do not text, e-mail, use apps, etc., during class.

 

DETAILED SYLLABUS

Class 1 — Sept 7 — Introduction to legal writing, research and analysis: This class examines the foundations of legal research, writing and analysis in the law school and professional settings.

Before class:  

For next class:   

 

Class 2 — Sept 14 — Analytical foundations (Part I): legal authority and legal reasoning: This class explores stare decisis, precedent, and using binding and persuasive authority in written analysis.

For next class:

 

Class 3 — Sept 21 — Analytical foundations (Part II): case synthesis and using facts: Students will learn how to synthesize rules and principles from multiple authorities and to use facts effectively.

For next class:

  • Read McCallum:
    • Ch 7: Reading Commentary
  • Finish “Synthesis I” exercise.

 

Class 4 — Sept 28 — Research foundations: planning for research; using and citing secondary sources: This class will discuss preparing for research. Students will learn how to use secondary sources in the research process and how to cite them.

For next class:

Due: Assignment 1, Case comment, max 600 words (20%)

 

Class 5 — Oct 5 — The memorandum of law (Part I): form and purposes: This class introduces the memorandum of law. Students will learn the principles of organizing a simple, single-issue legal argument.

For next class:

  • Read McCallum:
    • Ch 12: The Legal Memo: Issues, Short Answers, and Conclusion
    • Ch 13: The Legal Memo: The Facts
  • Finish “Facts and Issues” exercise.
  • Have available “IRAC” exercise to take up in class.

 

Class 6 — Oct 12 — The memorandum of law (Part II): writing an analysis: This class explores planning and drafting a legal document and the principles of writing for a legal audience.

For next class:

  • Read McCallum, App’x B: Introduction to Elements of Legal Research and Citation
  • Finish “IRAC” exercise.
  • Have available “Hierarchy of Law Sources” exercise to take up in class. 

 

Class 7 — Oct 19 — Case law research (Part I): using finding tools; history of reporting; looking for cases: Students will learn how to search for case law using finding tools. Students will practice finding case law.

For next class:

Class 8 — Oct 26 — Case law research (Part II): online research, cont.; using and citing cases: Students will learn how to note up case law and why noting up is essential to writing a good legal analysis. Students will learn the basics of citing cases.

For next class:

  • Read McCallum, Ch 5: Reading Statutes
  • Finish “Case Law Research and Citation” exercise.
  • Have available “Synthesis II (Legislation)” exercise to take up in class.

            Due: Assignment 2, One-issue memorandum, max 1500 words (30%)

 

**Nov 1-5 — READING WEEK — NO CLASS**

 

Class 9 — Nov 9 — Researching legislation and regulations (Part I): research: Students will learn how to identify, find and read relevant federal and provincial statutes and regulations.

For next class:

  • Read McCallum, Ch 6: Interpreting Statutes
  • Read Wilk v Arbour, 2017 ONCA 21.
  • Finish “Synthesis II (Legislation)” exercise.

 

Class 10 — Nov 16 — Researching legislation and regulations (Part II): using statutes in analysis; citing legislation: Students will discuss how to use and cite legislation in legal analyses.

For next class:  

 

Class 11 — Nov 23  — Putting it all together: supporting legal arguments with research and citation: This class explores how to effectively employ legal argumentation. Students will also practice the mechanics of citation.

For next class:

  • Read McCallum, App’x A: The Essentials of Clear Communication
  • Complete “Summarizing and Setting Up Excerpts” exercise.

 

Class 12 — Nov 30 — Writing mechanics (Part I): revising for content and organization: Students will learn how to structure and organize writing to maximize the logic, clarity and persuasiveness of their argument.

For next class:

 

Class 13 — Dec 7 — Writing mechanics (Part II): plain-language, conciseness and grammar: This class explores plain-language writing. Students will learn why good writing is essential for clarity and will practice revising their writing.

            Due on Dec 20: Assignment 3, Two-issue memorandum, max 2000 words (40%)

 

FOR FURTHER READING

If you are interested in learning more about legal writing and research in legal practice, I recommend these two excellent books:

  • Stephen Armstrong & Timothy Terrell, Thinking like a Writer, 3d ed (New York: Practising Law Institute, 2009).
  • Moira McCarney, Annette Demers & Shelley M. Kierstead, The Comprehensive Guide to Legal Research, Writing & Analysis, 3d ed (Toronto: Emond Montgomery Publications, 2019).

This is a great legal writing guide:

  • Bryan A Garner, Legal Writing in Plain English (Chicago: University of Chicago Press, 2013).

This is the classic style guide:

  • William Strunk & E.B. White, The Elements of Style 4th ed (New York: Pearson, 2011), available for free at < http://www.bartleby.com/141/ >

More resources (and videos) available at Writing Foundations (University of Toronto Faculty of Law), online: < https://writingfoundations.law.utoronto.ca >

 

THE FACULTY OF LAW’S POLICIES AND STATEMENTS

 

On Mental Health:

It is not uncommon for university students to experience a range of health and mental health issues that may result in barriers to achieving their academic goals. The Faculty of Law and the University of Toronto offer a wide range of services that may be of assistance. You are encouraged to seek out these resources early and often.

 

At the law school: Contact Assistant Dean Alexis Archbold at alexis.archbold@utoronto.ca or Terry Gardiner, Student Mental Health and Wellness Program Manager at terry.gardiner@utoronto.ca, and consult the law school’s Health and Wellness webpages http://www.law.utoronto.ca/student-life/personal-support/health-and-well-being.

 

On campus: Student Life Website: http://www.studentlife.utoronto.ca; Health and Wellness Centre Website: http://www.studentlife.utoronto.ca/hwc   

Off-campus: Good2Talk - a post-secondary (24/7) helpline (1-866-925-5454)

On Equity, Diversity and Inclusion:

The University welcomes and includes students, staff, and faculty from a wide range of backgrounds, cultural traditions, and spiritual beliefs.

 

The University of Toronto is committed to equity, human rights and respect for diversity. All members of the learning environment in this course should strive to create an atmosphere of mutual respect where all members of our community can express themselves, engage with each other, and respect one another’s differences. U of T does not condone discrimination or harassment against any persons or communities.

 

On Accommodations:

Students with disabilities

The University provides academic accommodations for students with disabilities in accordance with the terms of the Ontario Human Rights Code. This occurs through a collaborative process that acknowledges a collective obligation to develop an accessible learning environment that both meets the needs of students and preserves the essential academic requirements of the University’s courses and programs.

Students with diverse learning styles and needs are welcome in this course. If you have a disability that may require accommodations, please approach Alexis Archbold, Assistant Dean, JD program (alexis.archbold@utoronto.ca), and  the Accessibility Services office (https://studentlife.utoronto.ca/department/accessibility-services/).

 

Religious observances

For more information, and to link to the University’s policy on accommodations for religious observances, please see the web site of the Office of the Vice-Provost, Students.

 

The University provides reasonable accommodation of the needs of students who observe religious holy days other than those already accommodated by ordinary scheduling and statutory holidays. Students have a responsibility to alert members of the teaching staff in a timely fashion to upcoming religious observances and anticipated absences and instructors will make every reasonable effort to avoid scheduling tests, examinations or other compulsory activities at these times.

 

Please reach out to me as early as possible to communicate any anticipated absences related to religious observances, and to discuss any possible related implications for course work.

 

On Academic Integrity:

Academic integrity is essential to the pursuit of learning and scholarship in a university.  As a result, the University treats cases of cheating and plagiarism very seriously. The University of Toronto’s Code of Behaviour on Academic Matters outlines the behaviours that constitute academic dishonesty and the processes for addressing academic offences. Potential offences include, but are not limited to:

 

In papers and assignments:

  • Using someone else’s ideas or words without appropriate acknowledgement.
  • Submitting your own work in more than one course without the permission of the instructor in all relevant courses
  • Making up sources or facts
  • Obtaining or providing unauthorized assistance on any assignment

 

On tests and exams:

  • Using or possessing unauthorized aids
  • Looking at someone else’s answers during an exam or test
  • Misrepresenting your identity

 

In academic work:

  • Falsifying institutional documents or grades
  • Falsifying or altering any documentation required by the University, including (but not limited to) doctor’s notes

 

All suspected cases of academic dishonesty will be investigated following procedures outlined in the Code of Behaviour on Academic Matters. If you have questions or concerns about what constitutes appropriate academic behaviour or appropriate research and citation methods, please reach out to me. Note that you are expected to seek out additional information on academic integrity from me or from other institutional resources (for example, the University of Toronto website on Academic Integrity).

 

On Recording Course Meetings:

Students may not create audio recordings of classes with the exception of those students requiring an accommodation for a disability. These students must speak with the accessibility office prior to recording lectures. Students creating unauthorized audio recording of lectures violate an instructor’s intellectual property rights and the Canadian Copyright Act. Students violating this agreement will be subject to disciplinary actions under the Code of Student Conduct.

 

Course videos may not be reproduced or posted or shared anywhere other than the official course Quercus site and should only be used by students currently registered in the course. 

 

[1] Participation can be demonstrated by actions such as coming to class, contributing to discussion, asking questions, listening actively, and completing exercises. Like the practice of law, LRW is a collaborative project. Your classmates depend on your participation to get the most out of the course.

[2] Assignments must be completed in 12-point Times New Roman font with 1” margins on all sides. While I encourage you to discuss the assignments with your classmates, your written work must be solely your own.

Course Summary:

Date Details Due