Bachelor
2023/2024
Project seminar "Legal Writing"
Type:
Compulsory course
Area of studies:
Law
Delivered by:
School of International Law
Where:
Faculty of Law
When:
4 year, 3 module
Mode of studies:
offline
Open to:
students of one campus
Instructors:
Vladimir Kostsov
Language:
English
ECTS credits:
3
Contact hours:
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
- 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
Interim Assessment
- 2023/2024 3rd module0.3 * Class attendance and participation + 0.2 * Final examination + 0.5 * Written exercises
