Class Information
Spring 2011
5236 Legal Research & Advocacy - B2 - SMITH- 13568
added 10-20-10
Professor(s):
Bethany Smith (INACTIVE)
Credits: 2
Course Areas: 1st Year - Section B
Time: 9:30a-10:30a/W; 10:30a-11:30a/F Location: W=BLB-240 F=BLB-240
Course Outline:
Course Syllabus:
Course Notes:
Prerequisites:
First Day Assignments: First Day Assignment for Legal Research & Writing II
Spring 2011
Professor Bethany Smith
Legal Research & Writing Review
FIRST DAY OF CLASS: Wednesday, January 19th: Room TBD
READ: Skim over the Texas Rules of Form (Greenbook).
BRING your Bluebook and Greenbook to class.
ASSIGNMENT: Complete the following questions and bring to class on Wednesday, January 19, 2011.
PART I
You may use any method you choose to do the following research assignment. Please carefully keep track of your research path and which specific search terms you used. Be prepared to discuss in our first class. You will turn in your research path and answers.
1. If an intoxicated person is driving and mistakenly or accidentally (as opposed to intentionally) strikes a pedestrian and kills the person, what statutory crime can the person be charged with in Texas? What is the citation of the Texas statute?
2. If the driver is or is not intoxicated, is an automobile considered per se a deadly weapon in Texas?
PART II
1. What are two sources of law in the American legal system?
2. Discuss the purposes behind stare decisis.
3. Consider the following questions about the court systems:
a. What are the three levels of courts that exist in the hierarchy of the federal court system?
b. What are the three levels of courts that exist in the hierarchy of most state court systems?
4. Answer the following questions about jurisdiction:
a. How do courts determine what law binds them?
b. Why must a lawyer consider a court’s jurisdiction?
5. Can a court amend or change language in a statute? Why or why not?
6. Explain three ways courts make law.
7. A legislator has proposed a bill that prohibits physician-assisted suicide.
a. What stages must this bill go through before it can be passed into law?
b. If enacted into law, can a court amend its language?
8. You are arguing a state issue before a New Mexico trial court. What of the following cases are binding on that court?
a. Decisions from the court of last resort in Texas.
b. Decisions from the court of last resort in New Mexico.
c. Decisions from the federal circuit court of appeals in New Mexico.
9. Identify whether the following sources are primary or secondary authority:
a. Statute
b. Case
c. Legal newspaper article
d. Legal encyclopedia article
10. You are arguing a case before a North Dakota trial court. Rank the persuasive weight of the following sources:
a. Law review article written by a law professor
b. Legal newspaper article
c. Decision from the highest court of appeals in New Jersey
d. Dissenting opinion from the highest court of appeals in Indiana.
11. How does a rule frame legal analysis?
12. What is the difference between an element and a factor?
13. Identify the rule in the following opinion.
Naomi owned several acres of land. She prided herself on her beautiful gardens. Periodically, intruders would enter her property and ruin her gardens. Naomi decided to take action in order to protect her property. She built an electrified fence around her land. One night, Ariel attempted to enter Naomi’s land. He tried to climb over the electric fence and suffered a severe electric shock. Ariel was hospitalized for his injuries and may die. He is now suing Naomi for battery. This court must decide whether Naomi has a defense to the battery claim.
Held: Naomi is liable for battery. Naomi did not use reasonable force in this case to protect her property. Ariel’s invasion of property did no threaten harm to any person, yet Naomi used excessive force causing serious bodily harm or death. Naomi’s use of force to defend her property was inappropriate.
14. Identify the rule of law in the following opinion.
On his sixteenth birthday, John agreed to sell his bicycle to Ms. Lupo for $100. Two weeks later, John decided to keep his bicycle, and would not sell it to Ms. Lupo. Ms. Lupo sued. We hold that John did not breach the contract. Children eighteen years or younger cannot be held responsible for any contract they enter into. They are too young to appreciate the magnitude of a contractual promise.
15. Synthesize a rule for trespass from the following three cases.
Case 1: Defendant entered plaintiff’s land. Defendant did not know plaintiff owned the land. Held: Defendant is liable for trespass.
Case 2: Defendant was pushed onto plaintiff’s land. Held: Defendant is not liable for trespass.
Case 3: Plaintiff invited Defendant to enter her land. Held: Defendant is not liable for trespass.
16. Synthesize a rule for the crime of conspiracy from the following three cases:
Case 1: Defendant and Todd agreed to commit a crime on the following evening. Held: Defendant entered into a conspiracy.
Case 2: Defendant agreed to help Shelly commit a crime on the following evening, but Defendant was joking. Held: Defendant did not enter into a conspiracy.
Case 3: Daniel agreed to help Paul commit a crime on the following evening. Paul was an undercover police officer who never intended to complete the crime. Held: Paul did not enter into a conspiracy.
17. Define critical facts.
18. How can both a plaintiff and a defendant use the same precedent to support their arguments?
19. When is it appropriate to use narrow analogies?
20. When is it appropriate to use broad analogies?
21. Why is it important to compare precedent to your client’s case?
22. Consider the following:
Presenting the defendant with a diamond ring, the plaintiff asked the defendant to marry him. She agreed. The defendant later broke the engagement. We hold that the plaintiff can reclaim the engagement ring. We reason that the plaintiff should recover because the defendant broke the engagement.
a. What are the critical facts of the opinion?
b. What is the reasoning of the court?
c. What is the holding of the court?
Your client, the plaintiff was engaged to be married to the defendant. The defendant later broke the engagement with your client. The plaintiff wants to recover the diamond stud earrings that he bought the defendant a month before their intended wedding. He bought her the earrings to wear on her wedding day.
d. Draft the plaintiff’s argument.
e. Can you predict how a defense attorney will distinguish the precedent? Draft the defense attorney’s argument.
23. Define policy.
24. List four uses of policy arguments.
25. Why is it important to state the conclusion first in an argument?
Final Exam Schedule:
This course will have:
Exam:
Paper:
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type:
Bar Course:
DistanceEd ABA:
Pass-Fail Student Election:
