Delivered at:: School of International Law

Course type:: Compulsory course

When:: 4 year, 3 module

Instructor

Kostsov, Vladimir

Full Syllabus Ask Question

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

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

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

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

Final examination
Class attendance and participation
Written exercises

Interim Assessment

2024/2025 3rd module
0.3 * Class attendance and participation + 0.2 * Final examination + 0.5 * Written exercises

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

Bachelor’s Programme 'Law'

Project seminar "Legal Writing"