Course Syllabus
Course Syllabus for Global Professional LLM Program Winter Term 2022
*(Syllabus subject to change)*
Course: LAW4024H – Applied Legal Research & Writing
Date and Time:
Class 1: Saturday, April 9th 8:30 a.m. – 5:30 p.m.
Class 2: Sunday, April 10th 8:30 a.m. – 5:30 p.m.
Class 3: Saturday, April 23rd 8:30 a.m. – 5:30 p.m.
Class 4: Sunday, April 24th 8:30 a.m. – 5:30 p.m.
Instructor: Professor Katherine Vitale Lopez
Attendance: In person (auditors attend remotely)
Location: J125
Class Participation: Attendance is mandatory
This syllabus is not to be shared with, or distributed to, anyone outside of the GPLLM program.
Course Description
This course introduces students to the way lawyers in Canada and other common law jurisdictions read, write, analyze and frame legal arguments. Students will conduct basic legal research and write objective legal analyses. Students learn research and writing skills by participating in class discussions, working on in-class exercises, and writing legal documents.
Course Learning Objectives
This course provides foundational instruction in legal analysis and effective communication and introduces students to the legal research process, including the appropriate use of commentary and finding tools in common law jurisdictions.
Specifically, by the end of this course, students should have acquired a basic ability to do the following:
• Read and analyze applicable primary materials (cases and legislation);
• Synthesize doctrine from cases;
• Prepare and organize a legal analysis that includes issue identification and the formulation and application of rules;
• Use secondary sources, such as treatises, effectively in legal problem solving;
• Find and note up case law and legislation;
• Find judicial consideration of legislation and materials for statutory interpretation; and
• Cite authorities using correct standards and formatting.
Recording and Sharing (Download and Re-use Prohibited)
This course will not be recorded. Further, you are forbidden from making and/or distributing your own audio and/or video recordings of class lectures.
Course videos and materials belong to your instructor, the University, and/or other sources, depending on the specific facts of each situation, and are protected by copyright. Do not download, copy or share any course or student materials or videos without explicit permission from the instructor.
Accessing Online Readings
1. To access any Lexis Advance Quicklaw readings that may be in this syllabus, students will need to register with LexisNexis under “University of Toronto” at: https://www.lexisnexis.ca/training-UofT. Students should then click on Password Registration and then select U of T from the list of schools.
2. To access any WestlawNext readings that may be in this syllabus, students will also need to ensure that their WestlawNext accounts have been set up. Unique WestLaw registration keys will be e-mailed to each student in September directly from Thomson Reuters. If you lose or misplace your registration key, please e-mail ann.vuletin@utoronto.ca.
3. To access off campus any Heinonline readings in this syllabus, students will be prompted for your UTORid login credentials or guest UTORid login credentials.
Method of Evaluation and Due Dates:
|
Assessment |
Percentage of grade |
Due Date |
|
Case Comment 700-1,000 words |
30% |
April 14 |
|
Memorandum of Law 2,500-3,000 words |
60% |
May 8 |
|
Participation Students are expected to come to class having read all the required readings, contribute to meaningful discussion, and ask thoughtful questions. The quality of contribution is valued over the quantity. |
10% |
|
Assignments are to be submitted via Quercus as a PDF file. Unless otherwise specified, assignments are due by 11:00 p.m. on the due date.
*For all assignments, I will stop reading and deduct points for submissions over the word limit.
Please ensure that each assignment is saved using the following naming convention: Last Name, First Initial – CourseName – Assignment # or Title. In addition, all assignments should be accompanied by a cover page that includes the assignment name or title, your full name, your student number, and the course name.
Late Penalties
Late penalties will be applied to all assignments submitted after the deadline in accordance with the School of Graduate Studies policy on the submission of late assignments http://gpllm.law.utoronto.ca/curriculum/academic-policies.
Textbook and Other Materials
•Synthesis: Legal Reading, Reasoning and Writing in Canada (4th ed) by Margaret E. McCallum, Deborah A. Schmendemann and Christina Kunz is available at the law school bookstore.
• The Canadian Guide to Uniform Legal Citation (9th ed) (“McGill Guide”) is available at the following:
-
- the law school bookstore
- or as an electronic resource on WestlawNext Canada.
• Other readings not otherwise available online, slides, assignments and exercises will be posted on the course’s Quercus page under “Course Materials.”
Please complete readings listed in each class before the class meeting.
Reading Materials and Course Schedule
|
CLASS 1 Part A. Introduction to legal research and writing; using secondary sources Sat, April 9 8:30 am–12:30 pm |
|
| Topic | Readings |
|
Introduction to legal research, writing and reasoning; creating a research plan and beginning with secondary sources |
• McCallum et al • Rosemary Bocska, “When is it time to stop doing research?”, The Lawyers Weekly (22 July 2005) (QL) • Melanie R Bueckert, André Clair, Maryvon Côté, Yasmin Khan, Mandy Ostick, eds, The Canadian Legal Research and Writing Guide (Canadian Legal Information Institute, 2018) at 2.9, “Research Checklist” • Cases: White City Shopping Center LP v PR Restaurants LLC, 21 Mass L Rptr 565 (Sup Ct) (PDF available on Quercus); Cohen v Sellar, [1926] 1 KB 536 (summary) (PDF available on Quercus); R v Dudley & Stephens, 14 QBD 273 (1884) (PDF available on Quercus).
|
|
Part B. Canadian case law and legislation 1:30pm to 5:30pm |
|
| Topic | Readings |
|
Finding case law and tracing precedent; finding and analyzing statutes and regulations |
• McCallum et al
• Cases for tracing precedent discussion: Mustapha v Culligan, 2008 SCC 27 ;Healey v Lakeridge Health Corp, 2011 ONCA 55; Sadaati v Moorhead, 2017 SCC 28.
Assignment 1 distributed, due April 14 at 11:00pm |
|
CLASS 2: A. Predictive legal writing and the memorandum of law Sun, April 10, 2022 8:30 am–12:30 pm |
|
| Topic | Readings |
|
Writing the memorandum of law; point-first writing |
• McCallum et al • Mary Beth Beazley, A Practical Guide to Appellate Advocacy, 2d ed, Ch 6.4 “Using Language Precisely When Analogizing and Distinguishing Cases,” (PDF available on Quercus)
|
|
Part B. Revising legal analysis; legal opinions; legal opinions 1:30pm to 5:30pm |
|
| Topic | Readings |
|
Revising legal analysis; writing a legal opinion; correct citation in legal documents |
• McCallum et al
|
|
CLASS 3: Persuasive legal writing and legal citation Sat, April 23, 2021 8:30 am–5:30 pm |
|
| Topic | Readings |
| Writing the factum; focus on overviews; structuring argument; correct citation in legal documents |
• McCallum et al • Honourable Robert J Sharpe, Good Judgment: Making Judicial Decisions (Toronto: University of Toronto Press, 2018), Ch 9, “Judicial Decision-Making: A Case Study,” online: http://myaccess.library.utoronto.ca/login?url=http://books.scholarsportal.info/uri/ebooks/ebooks3/utpress/2018-09-19/1/9781487516994 • Honourable John I Laskin, “Forget the Wind-Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums,” The Advocates' Society Journal, Vol 18, No 2, August 1999, online: < https://www.ontariocourts.ca/coa/en/ps/speeches/forget.htm > Assignment 2 distributed and due on May 8 at 11:00 pm. |
|
CLASS 4: Deepening legal analysis and oral advocacy Sun, April 24, 2021 8:30 am–5:30 pm |
|
| Topic | Readings |
|
Writing persuasive facts; in-class oral advocacy exercises
|
• Stephen V Armstrong & Timothy P Terrell, Thinking Like a Writer, 3d ed, Ch 12, “The Art of Persuasion: Ethos, Pathos and Logos” (PDF available on Quercus)
|
For Further Reading
If you are interested in learning more about legal writing and research in 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/ (Links to an external site.)>
More resources (and videos) available at Writing Foundations (University of Toronto Faculty of Law), online: < https://writingfoundations.law.utoronto.ca >.
Accessibility Needs
The University of Toronto has a commitment to providing effective accommodations for students with disabilities. See the Statement of Commitment Regarding Persons with Disabilities.
Students with chronic illness and disabilities that require ongoing accommodation are strongly encouraged to register with Accessibility Services. When appropriate, students will be assigned a counsellor who will work closely with them in developing a set of standard accommodations. Students who are unsure of whether they would qualify for an accommodation should nevertheless consult with Accessibility Services, which is done in total confidence.
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 feel free to approach the Accessibility Services* office.
The services provided by Accessibility Services are confidential, and staff will assess needs and identify resources that are available to the student. Possible accommodations include being provided with additional time for assignments, writing exams at Test and Exam Services, note-taking assistance, and more, including access to several technological supports. Accessibility Services has registration deadlines for each semester and their services are often in high demand. Students who think they may require accommodations should reach out to them as soon as possible. More information about registration is available here. Students who are registered with Accessibility Services for exam-related accommodations must submit their exam schedule to Accessibility Services well in advance of the final exam period.
Religious Observances
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 GPLLM staff in a timely fashion to upcoming religious observances and anticipated absences and staff will make every reasonable effort to avoid scheduling tests, examinations or other compulsory activities at these times.
Please reach out to gpllm@utoronto.ca as early as possible to communicate any anticipated absences related to religious observances, and to discuss any possible related implications for course work.
Academic Policies
Academic integrity is essential to the pursuit of learning and scholarship in a university, and to ensuring that a degree from the University of Toronto is a strong signal of each student’s individual academic achievement. As a result, the University treats cases of cheating and plagiarism very seriously. For further information on academic policies, please visit: https://gpllm.law.utoronto.ca/curriculum/academic-policies
The conduct of this course is governed by rules applicable to students at the University of Toronto and its Faculty of Law. Violations of these rules, especially with respect to academic integrity, are taken very seriously. You are encouraged to familiarize yourself with them. The rules can be found at: http://www.governingcouncil.utoronto.ca/Assets/Governing+Council+Digital+Assets/Policies/PDF/ppjun011995.pdf.
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).
Please note that unless otherwise specified, all assignments are to be completed INDIVIDUALLY.
Equity, Diversity & Inclusion Statement
The University of Toronto is committed to equity, human rights & 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 person or communities.
For More Information: https://sgdo.utoronto.ca/about-the-office/equity-diversity-u-of-t/
Course Summary:
| Date | Details | Due |
|---|---|---|