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Бакалавриат 2023/2024

Проектный семинар "Юридическое письмо"

Статус: Курс обязательный
Направление: 40.03.01. Юриспруденция
Где читается: Факультет права
Когда читается: 4-й курс, 3 модуль
Формат изучения: без онлайн-курса
Охват аудитории: для своего кампуса
Язык: английский
Кредиты: 3
Контактные часы: 40

Course Syllabus

Abstract

The Legal Writing course is focused on introducing students to the way international lawyers analyze complex problems and structure their thoughts in writing. The course will cover both non-adversarial legal writing such as legal opinions and objective memoranda, and adversarial written submissions such as memorials and written briefs to be submitted to arbitral tribunals and permanent courts on behalf of a party to a case. The course is meant to be a hands on experience where students learn by doing, meaning that a lot of practical exercises can be expected. Apart from the writing experience itself, special emphasis will be put on structure and logic. To make the course accessible to students with varying level of English, the course will also address some of the broader aspects of writing in English as well as select legal terminology.
Learning Objectives

Learning Objectives

  • The purpose of this course is to develop students' legal writing skills in client-oriented, academic and adversarial contexts, and to develop their legal English skills in a practical setting. The course may serve as a platform for both legal practitioners and those pursuing a career in legal academia.
Expected Learning Outcomes

Expected Learning Outcomes

  • Identifies the difference and key features of the various types of legal writing, provides examples of each type of legal writing and reasons appropriately in both adversarial and objective legal settings
  • Applies the ethics of legal writing and its core principles
  • Correctly makes legal arguments of various types (by reference to legal rules, by analogy (counter-analogy), by reference to policy and custom, via narrative)
  • Reasons based on logical syllogisms in an organized manner
  • Uses primary and secondary authorites appropriately when writing legal documents
  • Applies legal tests of various categories in practical writing
  • Uses precedents appropriately in legal writing based on their precedential value
  • Briefs case law correctly based on their ratio decedendi and obiter dictum and uses cases effectively in practical writing
  • Spots legal issues effectively in fact patterns of various complexity
  • Makes arguments based on normative texts effectively and using appropriate rules of interpretation
  • Implements the core principles of legal writing in practical situations
  • Writes in plain English in a manner that is easy to read, accessible to various audiences and persuasive
  • Formats and designs documents according to professional conventions and style
  • Uses headings and subheadings to organize legal discussion and structure documents appropriately
  • Uses appropriate framing/narrative and storytelling techniques when writing legal documents
  • Uses quotes and citations appropriately in legal documents of various types
  • Uses appropriate proofreading and cite checking techniques in legal writing
  • uses CREAC appropriately in adversarial legal arguments
  • uses IRAC appropriately in non-adversarial legal discussion
  • Synthesizes legal tests appropriately from disperse case law or other similar authorities
  • writes effective statements of facts
  • uses legal arguments of various types in adversarial legal writing
  • deals effectively with contrary authorities and arguments in adversarial legal writing
  • writes compelling introductions to legal arguments
  • writes effective roadmaps to guide the reader in legal discussion
Course Contents

Course Contents

  • Introduction to legal writing
  • Legal reasoning and analysis
  • Rules applicable to all types of legal writing
  • Objective (predictive) legal writing
  • Adversarial (persuasive) legal writing
Assessment Elements

Assessment Elements

  • non-blocking Class attendance and participation
  • non-blocking Written exercises
  • non-blocking Final examination
Interim Assessment

Interim Assessment

  • 2023/2024 3rd module
    0.3 * Class attendance and participation + 0.2 * Final examination + 0.5 * Written exercises
Bibliography

Bibliography

Recommended Core Bibliography

  • Legal writing and analysis, Edwards, L. H., 2019
  • Legal writing in plain English : a text with exercises, Garner, B. A., 2013

Recommended Additional Bibliography

  • Legal writing, Webley, L., 2013
  • Making your case : the art of persuading judges, Scalia, A., 2008

Authors

  • Kostsov Vladimir Nikolaevich
  • SMIRNOVA SVETLANA ANATOLEVNA