SCALES 2023 Legal Writing May 19

Summer College to Assess Legal Education Skills (SCALES) 2023 Associate Dean & Professor of Law, Sam Jones Email: [email protected] SCALES Legal Writing Syllabus 2023 ( subject to modification ) NOTE : THIS SYLLABUS CONTAINS CANDIDATE ASSIGNMENTS TO BE COMPLETED BEFORE TUESDAY, 5:00PM, MONDAY, MAY 22, 2023 . SCALES 2023 LEGAL WRITING FACULTY PROFESSOR ERIN PETROLIS Email: [email protected] Phone: 734.717.1151 Section 1 PROFESSOR JONATHAN FEDERMAN Email: [email protected] Phone: 847.347.7298 Section 2 PROFESSOR JERRY BROWN Email: [email protected] Phone: 773.331.5574 Section 3 Welcome to the Summer College to Assess Legal Education Skills 2022 Legal Writing Course! In this course, you, the candidate for admission, will study how to read and analyze the law, and effectively communicate in writing. R EQUIRED T EXT Richard C. Wydick & Amy Sloan, Plain English for Lawyers , 6th Edition, Carolina Academic Press, 2019. Plain English for Lawyers is available in hardcopy or electronic format (e-ISBN 978-1-5310- 0700-3). Also, the hardback 5 th edition is a viable option and for sale via various online book selling outlets. A TTENDANCE P OLICY All classes are in person. You will need to submit various written materials to your professor(s) for learning and assessment purposes throughout the course. Candidates are expected to be present for all scheduled classes and faculty-candidate conferences, and responsible for remaining present for the entire session. Candidates that miss more than 10% of the SCALES Legal Writing course should expect a "Withdraw/Fail" for the course. The SCALES Legal Writing class meets only 8 times, so a candidate may not miss more than 1 class and may not miss any scheduled candidate-faculty conference without professor written approval. There are no professor excused class absences, but accommodations will be granted for special circumstances. Unexcused late arrivals to class or early departures may be considered absences depending on the circumstances. Candidates that expect to be absent or late for class should, prior to the class to be missed, notify their professor and Dean Jones, in writing. 1

DISABILITY ACCOMMODATIONS FOR CANDIDATES Disability Policy: The University of Illinois at Chicago is committed to maintaining a barrier-free environment so that individuals with disabilities can fully access programs, courses, services, and activities at UIC. Candidates with disabilities who require accommodations for full access and participation in UIC programs must be registered with the Disability Resource Center (DRC), https://drc.uic.edu Please contact DRC at 312.413.2183 (voice) or 312.413.0123 (TDD) Should you have any difficulty reaching the DRC, please notify Associate Dean Sam Jones at [email protected], as soon as reasonably possible. E VALUATION & A SSIGNMENTS Candidates may earn a "Pass" or "Fail." Candidate must receive at least a " Pass " in their Legal Writing course in order to sit for final examination in the Special Topics in Contracts Law course and the Special Topics in Property Law course. Each Legal Writing professor has the option to designate one student per section as their "top student" based on the candidate's assignment and in-class performance. "Top student" status may result in three (3) points being added to the final scores on the Contracts final exam. To receive a "Pass," candidates must complete all Legal Writing assignments and must accumulate at least 90% of the total allowable assignment points for the Legal Writing course. Your assignments will include in-class exercises, homework writing assignments, exercises from the Wydick book, and faculty-candidate conferences. Your Legal Writing professor must certify that you have successfully completed all assignments before you are eligible to sit for the final examinations. Additionally, your submitted case briefs, and perhaps other assignments, are subject to review by the Associate Dean for SCALES & Inclusive Excellence. There are 100 points possible in Legal Writing. The maximum point breakdown is as follows: • Grit Essay - 5 points • Corrected Grit Essay - 5 points • Mr. Hastert Problem- 10 points • Jane Doe Litigation Statement - 10 points • Writing Assignment #4 - 10 points • Completion of all Wydick book exercises - 10 points • Case brief for People v. Buffer - 10 points • Rewrite of case brief for People v. Buffer - 10 points • Self Assessment - 10 points • Case Brief Jane Doe v. City of Chicago - 20 points Unexcused late submission of any assignment before the professor has returned the assignment to the class will result in a 25% deduction from the allowable points for the late assignment. For example, a candidate with an unexcused late submission on their Jane Doe litigation statement can earn a maximum of 7.5 points, instead of 10 points, for having successfully completed the assignment. Unexcused late submission of any assignment after the professor has returned the assignment to the class will result in a 75% deduction from the maximum allowable points for the late assignment. For 2

example, a candidate with an unexcused late submission on Writing Assignment #2 can earn a maximum of 2.5 points, instead of 10 points, for having successfully completed the assignment. It is the candidate's responsibility to ensure their Legal Writing professor has received their assignment before the designated deadline, in the required format, and submitted in the required manner. Any candidates that submits a Legal Writing assignment late or that misses a Legal writing class, must notify their Legal Writing professor, and Associate Dean Sam Jones, in writing, of the reason for their late submission. Upon reasonable notice, there may be additional assignments, voluntary or required, at the discretion of the Legal Writing course professor that might not be reflected on the syllabus. Misconduct within the Legal Writing course, such as disruptive or inappropriate behavior during class, after appropriate warning, may result in a candidate ' s total allowable assignment points being reduced by 10%. Severe misconduct may result in a " Fail " for the course. If you have a predicament that makes it improbable or impossible for you to satisfy the Legal Writing course requirements and standards, you must notify your SCALES Legal Writing professor and Dean Jones, in writing, preferably, within the first week of the SCALES program. A UDIO / V IDEOTAPING P OLICY You are not permitted to record the class (either audio or video) without the prior, express permission of the professor. Generally, classes are not recorded, but there are exceptions. Additionally, you are not authorized to post classroom content online or distribute it via social media or otherwise unless specifically instructed to do so by the course professor. K EY A SSIGNMENT D UE D ATES Grit 1000 -Word Essay Due 5 PM (CST), Monday, May 22, 2022, via e- mail. It will be returned in class on Wednesday, May 31st. Corrected version of Grit Essay Due Friday, June 2 by 11:59 PM (CST), via e- mail. It will be returned by Thursday, June 9. The Mr. Hastert Problem Writing Assignment #4 Due Thursday, June 8 by 6 PM (CST), via e-mail; Due Friday, June 9 by 11 PM (CST), via e-mail. People v. Buffer case brief Self-Assessments Due Wednesday, June 21, by 6 PM (CST), via e- mail. Due Friday, June 27 by 11:59 PM (CST), via e- mail. Revised People v. Buffer case brief Due Thursday, June 22, by 6 PM (CST), via e- mail. Jane Doe Litigation Statement Due Thursday, June 22, by 6 PM (CST), via e- mail. 3

Jane Doe v. Chicago case brief Due Thursday, June 27, by 6 PM (CST), via e- mail. See the weekly schedule below for due dates regarding your Plain English for Lawyers exercises. S CHEDULE W EEK O NE Legal Writing (LW) Class 1: Thursday, May 25, 2023, 6:00 p.m. - 7:30 p.m. [ ONLINE ] To do for class (Assignment material for this class listed below were previously sent to you.) (a) Read and attempt to write case briefs for Connecticut v. Menillo, 423 U.S. 9 (1975) & Nicholson v. Conn. Half-Way House, Inc., 218 A.2d 383 (Conn. 1966 ), (provided to you), and be prepared to discuss the cases during the first class. You may not need to hand in your Menillo and Nicholson case briefs, depending on your professor's discretion. Be prepared to fully explain the cases and answer questions that are designed to test your understanding of each case. Read Chapters 1 and 2 in Wydick ' s Plain English for Lawyers, and do the following problems in Chapter 2: In Exercise 1, do problems 2 and 3; In Exercise 2 , do problems 2 and 4; In Exercise 3, do problems 2, 4, 6, 8, and 10; In Exercise 4, do problems 2 and 4; In Exercise 5, do the entire problem. For each problem, first type your revisions. Then compare your revisions to Wydick ' s in the back of the book. If Wydick ' s answers differ from your own, re-type what Wydick has written on a separate sheet. When you are done you should have one sheet (or more) with your revisions, and one sheet (or more) with Wydick ' s corrections. Submit both sheets, via email, prior to the beginning of class. Submit to your professor, via email, 5:00pm, Monday, May 22 , a typed, very well written essay of no less than eight hundred word (800) words, explaining, in your own words, whether, in your view , "Grit ," as defined by Professor Angela Lee Duckworth, and " Growth Mindset " as defined by Dr. Carol Dweck, and the "warrior mindset" as discussed in the "How to Build a Warrior Mindset" video featuring David Goggins (0:01 - 10:45), are important for success and for achieving your goals. It is recommended you include discussion regarding your exposure to very difficult situations and how you overcame adversity to achieve your goals. Some helpful resources include: 1. http://www.ascd.org/publications/educational-leadership/sept13/vol71/num01/The- Sign[email protected] 4

2. https://www.ted.com/talks/angela_lee_duckworth_grit_the_power_of_passion_and_perseve rance?language=en 3. https://www.youtube.com/watch?v=hiiEeMN7vbQ 4. https://www.youtube.com/watch?v=qox43Tih8h0 5

In class Discuss how to brief a case; reading and analyzing cases, predictive writing, organization of legal writing, and IRAC/CRAC in relation to Connecticutt and Menillo opinions, and other cases at professor's discretion. The Nicholson problem will be assigned. W EEK T WO Legal Writing (LW) Class 2: Wednesday, May 31st, 6:00 - 7:30 p.m. [ ONLINE ] To do for class Read Chapters 3 and 4 in Wydick ' s Plain English for Lawyers. In Chapter 3, Exercise 6, do problems 1, 3, and 5. In Chapter 4, Exercise 7, do problems 1, 3, 4, and 5. In Chapter 4, Exercise 8, do problems 1, 3, 5 and 7. For each problem, first type your revisions. Then compare your revisions to Wydick ' s in the back of the book. If Wydick ' s answers differ from your own, re-type what Wydick has written on a separate sheet. When you are done you should have one sheet (or more) with your revisions, and one sheet (or more) with Wydick ' s corrections. Submit both sheets, via email, prior to the beginning of class. In class Discuss Chapter 3 & 4 Discuss rewriting, editing, and case briefing. ______________________ Legal Writing (LW) Class 3: Thursday, June 1st, 6:00p.m.-7:30p.m. [ ONLINE ] To do for class Read Chapters 5 and 6 in Wydick ' s Plain English for Lawyers. In Chapter 5, Exercise 9, do problems 1, 2 and 3. In Chapter 6, Exercise 10, do problems 1, 2 and 4. In Chapter 6, Exercise 11, do problems 1, 2, and 3. In Chapter 6, Exercise 12, do problems 1, 2. For each problem, first type your revisions. Then compare your revisions to Wydick ' s in the back of the book. If Wydick ' s answers differ from your own, re-type what Wydick has written on a separate sheet. When you are done you should have one sheet (or more) with your revisions, and one sheet (or more) with Wydick ' s corrections. Submit both sheets, via email, prior to the beginning of class. In class Discuss Chapters 5 & 6 6

Discuss interplay between statutes, policy and case law. The Mr. Hastert problem will be assigned. W EEK T HREE Legal Writing (LW) Class 4: Thursday, June 8th, 6:00p.m.-7:30p.m. [ ONLINE ] To do for class Read Chapter 6 in Wydick ' s Plain English for Lawyers In Chapter 6, Exercise 10, problem 2 & Exercise 11, problem 3. In Chapter 6, Exercise 11, do problems 1, 2, 3, and 4. In Chapter 6, Exercise 12, do problems 2 and 4. In Chapter 6, Exercise 13, do problems 1 and 2. In Chapter 6, Exercise 14, do problem 2. For each problem, first type your revisions. Then compare your revisions to Wydick ' s in the back of the book. If Wydick ' s answers differ from your own, re-type what Wydick has written on a separate sheet. When you are done you should have one sheet (or more) with your revisions, and one sheet (or more) with Wydick ' s corrections. Submit the materials to your professor prior to this class. In class Discuss The Mr. Hastert problem. The Mr. Hastert submission will be returned. Discuss Chapter 6. Sign up for mandatory faculty-candidate conferences to be completed within the next week. Mandatory conference You will be required to participate in a 15-minute mandatory conference with your professor to discuss writing assignments and performance. Multiple conference dates will be offered. Failing to meet all of these requirements will result in you being marked absent for your conference. Writing Assignments will be returned via email prior to your conference date and time. W EEK F OUR Legal Writing (LW) Class 5: Thursday, June 15 th , 6:00p.m. - 7:30p.m. To do for class Read Chapters 7 & 9 in Wydick's Plain English for Lawyers . Do Chapter 9, Exercise 24, problems 1, 2, 3; Exercise 25, problems 1 & 2; and Exercise 26, problems 1 & 3. Do Chapter 7, Exercise 15, problems 1 & 2. Exercise 16, problem 1. 7

In class Discuss Chapters 7 & 9. Case Synthesis, Rule Statements & Persuasive Framing of Rules W EEK F IVE Legal Writing (LW) Class 6: Wednesday, June 21st, 6:00p.m. - 7:30 p.m. To do for class Read and brief People v. Buffer, 137 N.E. 3d 763 (ILL 2019), available at file:///Users/sam/Desktop/People%20v.%20Buffer%20.pdf , which must include, at a minimum, the key facts (2) providing a complete statement of the issue(s); (3) identifying the court's reasoning; and (4) providing a shorthand statement of the holding. In Class Discuss the legal reasoning process (the reason the Buffer court (or any court) reaches a particular result in its attempt to achieve justice): (i) The rule(s) of law being interpreted and applied; (ii) What is debatable about the application of the rule of law to the facts of the dispute; and (iii) What is the meaning of the rule of law. Consider ways to improve your case brief for People v. Buffer and re- submit Thursday, June 22nd during class . Feedback on the case brief will be provided during your Week 7 faculty conference. ________________________ Legal Writing (LW) Class 7: Thursday, June 22nd, 6:00p.m. - 7:30 p.m. To do for class Submit improved case briefs for the Buffer case before class and read (1) 42 U.S.C.A. Sec. 1983, Civil Action for Deprivation of Rights; (2) Complaint in Jane Doe v. City of Chicago , et al , Case No. 1:19- cv. 07375 (2019) and (3) Memorandum Opinion & Order in Jane Doe v. City of Chicago , et al , Case No. 1:19-cv. 07375 (2019). Each candidate should submit a 300-word litigation statement explaining what the candidate would do differently if the candidate were counsel for Jane Doe. The statement should be submitted to professors not later than 5PM, June 22 nd . Candidate should be prepared to discuss there litigation statement with the section. In Class Review policy, reasoning and legal arguments regarding the Jane Doe v. City of Chicago , et al . W EEK S IX 8

Legal Writing (LW) Class 8: Tuesday, June 27th, 6:00p.m.-7:30p.m. (Last Group Class Session) To do for class : Submit case briefs for the Jane Doe case before the start of class. Submit a self-assessment of 300 words before the start of class that describes three things about your performance in SCALES Legal Writing that you believe went well and three things about your legal writing that you need to improve to be successful in law school. In class Review policy, reasoning and arguments regarding the Jane Doe case. Peer assessments. W EEK S EVEN You will be required to participate in a 15-20 minute mandatory conference with your legal writing professor to discuss, at a minimum, your Buffer and Jane Doe case briefs, litigation statement, and your self-assesments. Multiple conference dates will be offered. Failing to satisfy this requirements will result in you being marked absent for your mandatory faculty-candidate conference . GOOD LUCK ON YOUR FINAL EXAMS! 9