Published using Google Docs
Northwestern Law Course Syllabus
Updated automatically every 5 minutes

Law: From Interview to Argument

Course Description: 

In popular representations, lawyers make arguing a case look easy, even glamorous, as they postulate before a jury and dramatically shout "OBJECTION!" when their opponents step out of line. However, arguing a case with the level of ease of a lawyer on TV and film takes immense preparation and practice. Lawyers develop numerous skills that help them argue their cases and communicate with clients, other attorneys, judges, court personnel, CEOs, and communities. The law intersects with many aspects of American life, and lawyers have to be skilled at communicating with different types of people across all of them. This course introduces essential legal reasoning and the communication skills needed to think and persuade like an attorney. It covers diverse skills, from client communication to courtroom presentations, emphasizing the importance of effective legal writing and oral argument in various legal contexts.

Course Objectives:

  1. Explain the process and importance of client interviews
  2. Research and apply relevant case law and statutes to real-world scenarios
  3. Analyze legal cases to predict court outcomes and prepare appeals
  4. Craft written legal analyses and persuasive legal briefs
  5. Evaluate the efficacy of arguments in appellate court cases

Final Capstone Project:

The Final Capstone Project involves preparing and presenting an oral argument for an appellate case, based on a series of written assignments that culminate in a comprehensive understanding and application of legal principles to defend a client effectively.

Course Outline

Module 1: The Legal System

Learning Objectives:

  1. Describe the communication skills needed by all lawyers
  2. Explain the structure of the US court system and the different types of court cases
  3. Identify who is responsible for various parts of the litigation and courtroom processes
  4. Distinguish between primary and secondary sources of law and they impact the evolution of law over time
  5. Describe the parts of a case brief

Module Description:
Building an effective case for a client starts with a firm understanding of how the law and the court systems work. Lawyers must be able to research and interpret the various factors that can impact the outcome of their client's case, including statutes and case law. In this module, you will learn about the fundamental workings of the law in the US system.  

Topics:

Assignment:

Write two case briefs using the provided templates for the following cases:

  1. State v. Mann, 35 Kent 10 (1998)
  2. State v. Stone, 28 Kent 1 (2006)

Module 2: Analyzing the Facts

Learning Objectives:

  1. Distinguish between criminal and civil litigation
  2. Describe the purpose of client interviews and how to interview a client
  3. Identify the legally significant facts and legal issues of a case
  4. Explain and synthesize the relevant case law relating to given legal issues
  5. Apply the IRAC structure to legal writing

Module Description:

Legal cases can be broadly categorized into two main types: civil and criminal. To prepare for either type, lawyers gather information to help them build the strongest possible argument for their clients. The lawyer typically begins this process by interviewing the client and then conducting research to understand how the law applies to the case, what information should be emphasized, and the client's likelihood of success.

Topics:

Assignment:

Write an analysis of the following legal issue:

Did Bill Smith commit theft when he took possession of the locket?

Use the Issue, Rule, Analysis, Conclusion (IRAC) organizational structure to craft the argument:

Module 3: The Legal Memo

Learning Objectives:

  1. Explain the purpose of legal memos
  2. Describe the various sections within a legal memo
  3. Distinguish between analogical and rule-based reasoning and how they are used to draft legal memos

Module Description:

Lawyers use legal memos to exchange facts and analysis. Memos are one of the first forms of written communication that lawyers perform, since junior lawyers are frequently responsible for conducting the research and analysis that informs the trial attorney's thinking on a case. Crafting these memos requires lawyers to adopt an objective legal perspective, clearly and comprehensively communicating the facts and law affecting a case and using IRAC analysis to connect them. This module will provide an overview of legal memos before discussing how lawyers approach writing each section in depth.

Topics:

Assignment:

The police have charged Bill Smith; he has been prosecuted and found guilty. Our law firm may take up his defense. The law firm partner has asked you to write a memo analyzing the following legal issues:

  1. Did Bill obtain control of the locket?
  2. Did Bill know or learn the identity of the owner or know of a reasonable method of identifying the owner?
  3. Did Bill intend to deprive the owner permanently of the locket?

Include in your memo the following sections: Questions Presented and Brief Answer:

Module 4: Advocating through the Legal Brief

Learning Objectives:

  1. Explain the purpose of the legal brief
  2. Contrast the CRAC methodology with the IRAC methodology
  3. Describe the key components of a legal brief and the process of drafting a persuasive argument
  4. Analyze and critique the persuasive arguments in legal briefs

Module Description:

Legal briefs are the primary form of persuasive writing in legal practice. These documents are submitted to a judge to advance a lawyer's argument and encourage them to rule in a specific way. The persuasiveness of a brief depends on both the arguments it puts forth and the writer's attention to clarity, concision, and detail.  

Topics:

Assignment:

After reading your analysis of Bill’s case, your law firm has decided to appeal Bill’s case. The law firm partner has asked you to write the appellate brief. The grounds on appeal are as follows:

Include the following parts within the brief:

The brief should contain two main arguments based on the issues provided above. Each argument should be structured using the CRAC organization formula you have learned. Remember that your audience for this brief is a judge. Your job is to persuade the judge using the case law and the facts of Bill’s case that his conviction should be overturned.

Module 5: The Oral Argument

Learning Objectives:

  1. Identify the purpose and structure of an oral argument
  2. Explain how to prepare to deliver an oral argument effectively
  3. Prioritize the elements within an argument
  4. Describe how to pivot an argument to address questions or interruptions

Module Description:

Oral arguments are the in-person presentations lawyers make before a judge or panel of judges to clarify and strengthen their client’s position. Oral arguments are crucial in litigation, as they provide a final opportunity for lawyers to emphasize key points and directly address any questions or concerns the judges may have. Crafting these arguments requires thorough preparation, mastery of the facts, legal principles, and relevant case precedents, and the ability to respond thoughtfully to opposing arguments.

Topics:

Module 6: Course Conclusion and Final Capstone Project

Topics:

Final Capstone Project Presentation:

For your capstone project, you will take on the role of a lawyer preparing to deliver an oral argument. As part of your preparation, a senior lawyer at your firm has requested that you generate a list of possible questions you think the judge might ask you and record a video of your oral argument.

Course and Class Policies 

Academic Requirements

  1. In order to earn a Certificate of Completion, students must receive an evaluation of  “Complete” on 70% of  assignments (3 of the 4 end-of-module assignments) and the Final Project. All assignments and the Final Project need to be submitted by the end of the course.
  2. Decisions regarding course completion, Certificates of Completion, and other awards are at the discretion of the School. If you are deemed ineligible for a Certificate of Completion, you will not be entitled to any refund or compensation.
  3. Evaluation Criteria/Rubric
  1. Each unit assignment, as well as the Final Project will be assessed on a rubric of:

Technical Requirements

This online course will be conducted using the Canvas online learning management system. Students should log into Canvas regularly to complete  all course modules, assignments, and announcements. You are responsible for meeting and maintaining the minimum technical requirements for the course, including internet access and basic computer specifications necessary for using the Canvas Learning Management System.

Mobile Devices 

Your course may offer content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier.  Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.  

Course Mentors

Students will have opportunities along their journey to engage with a mentor for questions, guidance and feedback for both their assignments throughout the course and the Final Project. Mentors will provide support and encouragement at predetermined moments throughout the course.

Student Code of Conduct

We may remove from the course any students whom we deem in our discretion to be disruptive to the learning environment, dangerous to other students, have acted in a manner that shows lack of dignity or respect for faculty and/or students, violated any intellectual property rights, or have engaged in academic misconduct, such as cheating or violating confidentiality. If you are removed from the course for violations of this Code of Conduct you will not be eligible for a Certificate of Completion, refund, or any other award or compensation.

Intellectual Property

This course is for your personal and non-commercial use only.  The course may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without our prior written permission.  All video, audio, text, animations, books, diagrams, images and other content that you receive or to which you have access during your course or through your use of the course, regardless of medium or format,  are protected by copyright law.  You may not download, record, screenshot, copy or reproduce course content in any way. You may not make any audio and/or video recording of any part of the course. You may not attempt to decompile, reverse engineer, scrape or datamine the course. Trademarks, logos, and service marks displayed or otherwise used in the course are registered trademarks and may not be used without prior, written permission.  You may have access to digital versions of course content. Subject to your compliance with these terms and conditions, we grant you a limited, personal, non-exclusive, revocable and non-transferable license to access course content during your course.

Terms & Conditions

The policies listed above are a subset of the Terms & Conditions for the course. You may review the complete Terms & Conditions here.

 

Course Designed by:

Maurine J. Berens, JD

Clinical Associate Professor of Law

The University reserves the right to modify the course as may become necessary.